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