THE
GOVERNMENT
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
---------
|
No:
53-CP
|
Hanoi,
June 28, 1994
|
DECREE
PROVIDING
FOR MEASURES TO HANDLE STATE OFFICIALS AND EMPLOYEES AND OTHER PERSONS
CONVICTED OF ACTS RELATED TO PROSTITUTION, DRUG ABUSE, GAMBLING AND DRUNKENNESS
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government on the 30th of September 1993;
Pursuant to the Ordinance on Sanctions Against Administrative violations on the
30th of November 1989;
At the proposal of the Minister of the Interior and the Minister of Justice;
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Prostitution,
drug abuse, gambling and drunkenness are social evils which go against the
ethics and the fine customs and habits of the nation and which adversely affect
the material and cultural life of the people and social order and safety.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 2.- All State
agencies shall have to coordinate with the Vietnam Fatherland Front, the
Vietnam Women's Union, the Vietnam General Confederation of Labor, the Vietnam
Peasants' Association, the Ho Chi Minh Communist Youth Union, and other social
organizations in the publicity, education and struggle to prevent and combat
prostitution, drug abuse, gambling and drunkenness.
Article 3.-
1. Severe administrative
sanctions and discipline shall be meted out to:
- The directors of hotels, the
owners of hotels, restaurants, inns and other establishments who let acts of
prostitution, drug abuse, gambling and drunkenness happen in the establishments
under their management.
- Sex buyers, drug users,
gamblers and drunkards who are State officials and employees in whatever
position;
- Those who condone or cover up
the acts of prostitution, drug abuse, gambling and drunkenness.
- Recidivists of acts of
prostitution, drug abuse, gambling and drunkness.
2. The organizers or panderers
of prostitution, the organizers of drug use, the producers, storers and dealers
and illegal transporters of drugs, the organizers of gambling, the owners of
gambling houses and the gamblers shall be prosecuted under the criminal law.
The producers, storers, dealers and illegal transporters of drugs shall receive
administrative sanctions or discipline if their offense has not reached the
level where they must be investigated for penal liability.
Chapter II
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 4.-
1. When the sex buyers are State
officials or employees:
a/ They are liable to fines of
from 100,000 Dong up to 1,000,000 Dong and their offense shall be notified to
the office or organization where they work so that disciplinary action may be
taken through warning, wage reduction or demotion.
b/ Recidivists shall be liable
to fines of from 1,500,000 to 2,000,000 Dong and their offense shall be
reported to the office or organization where they work so that disciplinary
action may be taken through dismissal.
2. For the sex buyers who are
not State officials or employees, they shall, depending on the character, level
and concrete circumstances of their offense, be fined from 50,000 to 100,000
Dong and from 1,000,000 to 2,000,000 Dong in case of recidivism. In all cases,
their offenses shall be reported to the People's Committee of the commune, ward
or township where they live so that measures of education may be taken.
3. If the sex sellers are State
officials or employees:
a/ They shall be served a
warning and their offense reported to the office or organization where they
work so that disciplinary measures may be taken through warning, wage reduction
or demotion.
b/ In case of recidivism, they
shall be served a warning and their offense shall be reported to the office or
organization where they work in order to be disciplined through dismissal.
4. If the sex sellers are not
State officials or employees, they shall, depending on the character, level and
concrete circumstances of their offense, be served a warning and their offense
reported to the People's Committee in the commune, ward or township of their
residence so that measures of education may be taken.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
5. If the offender is a minor,
he/she shall be dealt with according to Article 29 of the Ordinance on the
Handling of Administrative Offenses. The offender may also be taken to an
industrial-agricultural general school for education and job training.
Article 5.-
1. If the drug abusers are State
officials or employees:
a/ They shall be fined from
50,000 to 200,000 Dong and their offense shall be reported to the office or
organization where they work in order to be disciplined through warning, wage
reduction or demotion.
b/ In case of recidivism, they
shall be fined from 200,000 to 300,000 Dong and their offense shall be reported
to the office or organization where they work in order to be disciplined
through dismissal.
2. If the drug user are not
State officials or employees they shall, depending on the character, level and
concrete circumstances of their offense, be served a warning or fined from
100,000 to 300,000 Dong and their offense shall be reported to the People's
Committee at the commune, ward or township where they reside for education and
for their families to know.
With regard to the drug addicts,
besides the fines they may, depending on each category, be subjected to
forcible detoxification at home under the guarantee of their families or at a
medical center of the State.
3. Those who illegally produce,
store, deal in and transport drugs but their offense has not reached the level
where they must be investigated for penal liability they shall be fined from
1,000,000 to 10,000,000 Dong; all the objects and means used in of the offense
shall be confiscated. If the offenders are State officials or employees, their
offense shall be reported to the office or organization where they work in
order to be disciplined through dismissal. With regard to those offenders who
are not State officials or employees, their offense shall be reported to the
People's Committee at the commune, ward or township of their residence for
education.
Article 6.- With regard
to gamblers who are State officials and employees whose offense has not reached
the level where they must be investigated for penal liability:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b/ In case of recidivism, they
shall be fined from 200,000 to 300,000 Dong and their offense shall be reported
to the office or organization where they work in order to be disciplined
through dismissal.
Article 7.- State
officials or employees who commit acts of drunkenness (loss of dignity at the
place of work, restaurant or inn, and disturbing public order):
a/ They shall be fined from
20,000 to 100,000 Dong and their offense shall be reported to the office or
organization where they work in order to be disciplined by warning, wage
reduction or demotion.
b/ In case of recidivism, they
shall be fined from 100,000 to 200,000 Dong and their offense shall be reported
to the office or organization where they work in order to be disciplined
through dismissal.
The discipline must be more
severe if the offender is an officer or man of the army or security service.
Article 8.-
1. The immediate chief of the
offender stipulated at Article 4, Article 5, Article 6 and Article 7 of this
Decree, who shield or fail to mete out timely discipline to the offender, shall
be disciplined by warning, demotion or dismissal.
2. The President of the People's
Committee in the commune, ward or township, and those whose duty is to prevent
and fight against acts of prostitution, drug abuse, gambling, but who condon or
shield or fail to handle in time these acts and let these acts occur in the
territory under their management, they shall be disciplined by warning,
demotion or dismissal.
3. The directors of hotels,
owners of hotels, guest houses, restaurants, dancing halls, inns, rest houses
and other establishments, which are transformed into brothels or places to
pander for prostitution or for the use of drugs and gambling, shall be dealt
with under Article 200, Article 202 and Article 203 of the Penal Code.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- Disciplined by warning,
demotion or dismissal if their establishment is a State-owned establishment.
- Shall have their business
permit withdrawn if this is a non-State establishment.
Chapter III
COMPETENCE AND PROCEDURES OF HANDLING
Article 9.- The
competence in deciding an administrative sanction is defined as follows:
1. The members of the People's
Police in the police force responsible for administrative management of public
order, a member of the economic police and criminal police or investigative and
mobile police can serve warning or impose fines of up to 20,000 Dong.
2. The President of the People's
Committee at the commune, ward or township, the Head of the ward security
station, the Head and Deputy Head of the police team responsible for
administrative management of social order, the economic police, the criminal
police, the investigative police and the mobile police can serve warning or
impose fines of up to 50,000 Dong.
3. The Head and Deputy Head of
section of the police responsible for administrative management of public
order, the economic police, the criminal police, the investigative police at
provincial level; the Head and Deputy Head of the mobile police force from the
company level upward; the Head or Deputy Head of the security service at district
and equivalent level; the Head or Deputy Head of the border posts, the
Commander and Deputy Commander of the border sub-sector, the Commander and
Deputy Commander of the border guard at provincial level; the Commander of the
naval border patrol group; the Commander of the border port of entry station,
can serve warning and fine up to 200,000 Dong and confiscate the business
permit and the objects and means used in the offense.
4. The President of the People's
Committee of the district and equivalent level can impose administrative
sanctions such as warning, fine of up to 2,000,000 Dong, strip the offender of
his business permit and confiscate the objects and means used in the offense.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 10.- The
competence in deciding the forms of discipline is define as follows:
The Head of the concerned agency
or organization is authorized to decide the disciplinary measures against the
offending officials or employees in his office or organization as prescribed by
current law on disciplinary actions against officials and public employees.
Article 11.- The
procedures of taking sanctions against administrative offenses stipulated at
this Decree shall apply as stipulated at Chapter IV of the Ordinance on
Sanctions Against Administrative Offenses. However, the person who decides the
sanction shall not collect the money on the spot. The Ministry of Finance and
the Ministry of the Interior shall direct the collection and payment of fines.
Within seven days after issuing
the decision to fine, the person authorized to fine shall have to send a copy
of the account and decision to:
- The office or organization
where the fin of person works, for application of disciplinary measures, if the
offender is a State official or employee.
- The People's Committee of the
commune, ward or township where the offender resides, for education and
forcible commitment not to relapse, if the offender is not a State official or
employee.
Article 12.- In imposing
an administrative sanction on the offender, if it is judged necessary to force
the offender to undergo medical treatment or to do manual work or to be
detoxicated, or to be brought to an industria-agricultural general school, the
person who is authorized to take the decision shall have, within 15 days after
issuing the decision, to compile the dossier and forward it to the authorized
agency so that the latter could send it to the People's Committee of the
province or city directly under the Central Government.
- All decisions to force the
offender to undertake forcible medical treatment, detoxication or labor and all
decisions to take the offender to an industrial-agricultural general school
must be notified to the People's Procuracy of the same level, to the offender
and his/her family.
Article 13.- The person,
on whom an administrative sanction or disciplinary measure is taken as
stipulated in this Decree, has the right to appeal.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 14.- This Decree
takes effect as from the date of its signing.
Article 15.- The Ministry
of the Interior, the Government Commission for Organization and Personnel, the
Ministry of Justice, the Ministry of Finance, the Ministry of Labor, war
Invalids and Social Affairs, the Ministry of Education and Training, the
General Tourist Department, shall, within their jurisdiction and tasks, have
responsibility to guide and organize the implementation of this Decree.
The Ministers, the Heads of
ministerial-level agencies, the Heads of the agencies attached to the Government,
the Presidents of the People's Committee in provinces and cities directly under
the Central Government have the responsibility to implement this Decree.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Vo Van Kiet