GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.
130/2021/ND-CP
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Hanoi,
December 30, 2021
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DECREE
IMPOSING PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN SOCIAL
ASSISTANCE AND CHILDREN AFFAIRS
Pursuant to Law on Governmental
Organization dated June 19, 2015; Law on amendments to Law on Government
Organization and Law on Local Governmental Organization dated November 22,
2019;
Pursuant to Children Law dated
April 5, 2016;
Pursuant to Law on the Elderly
dated November 23, 2009;
Pursuant to Law on Persons with
Disabilities dated June 17, 2010;
Pursuant to the Law on Imposing
Penalties for Administrative Violations dated June 20, 2012; Law on amendment
to the Law on Imposing Penalties for Administrative Violations dated November
13, 2020;
At request of Minister of Labor
– War Invalids and Social Affairs;
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Chapter I
GENERAL PROVISIONS
Article 1.
Scope
1. This Decree prescribes
administrative violations, forms of penalty, fine amount, and remedial measures
for each administrative violation; entitlement to produce offense notice,
entitlement to impose penalties, and entitlement to adopt remedial measures
depending on title for all administrative violations in social protection and
children affairs.
2. Administrative violations in
social protection and children affairs that are not specified under this Decree
shall conform to regulations on imposing penalties for administrative
violations in relevant sectors under state management.
Article 2.
Regulated entities
1. Subjects of penalties for
administrative violations that are individuals and organizations committing
administrative violations in accordance with this Decree within the territory,
the contiguous zones, exclusive economic zones, and continental shelves of the
Socialist Republic of Vietnam, aboard aircrafts bearing Vietnamese nationality,
aboard sea vessels bearing Vietnamese flags, unless otherwise regulated by
International agreement to which Vietnam is a signatory, including:
a) Individuals committing
administrative violations;
b) Organizations committing
administrative violations: models of social assistance establishments; child
protection service providers; religious establishments; incurring service
providers; socio-political-occupational organizations, social organizations,
socio-occupational organizations; enterprises, cooperatives, manufacturing and
business facilities; cultural, recreational, and sports establishments; medical
examination and treatment establishments; education institutions; vocational
education institutions, and other service providers.
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3. Individuals entitled to impose
penalties.
4. Other individuals and
organizations related to the imposing of penalties for administrative
violations in accordance with this Decree.
Article 3.
Prescriptive period for imposing penalties for administrative violations
1. Prescriptive period for imposing
penalties for administrative violations in social protection and children
affairs shall conform to Clause 1 Article 6 of the Law on Imposing Penalties
for Administrative Violations.
2. Determination of completed
administrative violations and ongoing administrative violations serving
calculation of prescriptive period shall conform to Clause 1 Article 8 of
Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government elaborating
on the Law on Imposing Penalties for Administrative Violations.
Article 4.
Forms of penalty and remedial measures
1. For every administrative penalty
in social protection and children affairs, the violating individuals or
organizations must be met with either warning or monetary fine as a form of
primary penalty.
2. Depending on nature and severity
of the violations, violating organizations and individuals may also be met with
one or multiple additional violations such as:
a) Suspend the operation of the
social assistance establishments in part or in whole for 6 months to 12 months;
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c) Suspend the business operation
relating to the violation of individuals and organizations providing unsafe,
unfriendly, harmful products or services for children or selling addictives,
other stimulants, or unsafe, harmful food to children in part or in whole for 1
month to 3 months;
d) Revoke the license of
manufacturing facilities and service providers operating on the internet;
dd) Confiscate exhibits and instrument
of administrative violations.
3. In addition to penalties under
Clause 1 and Clause 2 of this Article, violating individuals and organizations
may be met with measures under Points a, dd, h, and i Clause 1 Article 28 of
the Law on Imposing Penalties for Administrative Violations and the following
remedial measures:
a) mandatory compensation for the
lost or damaged aid;
b) mandatory refund of illegally
collected money;
c) mandatory apology if required;
d) mandatory payment of medical
examination and treatment costs (if any);
dd) mandatory payment of all costs
for purchasing books, notebooks, and studying equipment for children;
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g) mandatory cessation of adoption
or change to a more appropriate form of adoption;
h) mandatory relocation of service
providers, manufacturing facilities, storage of hazardous commodities and
commodities with fire, explosion risks, child protection service providers,
education institutions, medical establishments, and cultural, recreational
facilities due to incorrect placement;
i) mandatory prompt adoption of
measures to rectify the lack of safety;
k) recall, deletion, or removal of
information on private life and secrets of children;
l) mandatory payment of
Government’s support for the elderly;
m) mandatory payment of allowances
for the right beneficiaries;
n) cessation of social protection
at the social assistance establishments or concentrated care, nurture centers;
o) mandatory return of written
confirmation of level of disability;
p) mandatory removal of news or
articles on online newspapers, magazines, news report, electronic publications;
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r) mandatory deletion and removal
of personal information of children;
s) mandatory dismantlement of
illegally built constructions and equipment.
4. The adoption of remedial
measures under Points b, g, and n Clause 3 of this Article shall be implemented
as follows:
a) For measure under Point b: if
the beneficiaries of the refund cannot be identified, the illegally collected
money shall be submitted to state budget as per the law;
b) For measures under Points g and
n: individuals entitled to impose penalties for administrative violations shall
request competent authorities to issue decisions suspending social protection
at the social assistance establishments or concentrated care, nurture
establishments as per the law.
Article 5. Fine
and maximum fine
1. The maximum fine imposed on an
individual who commits administrative violations in social protection and
children affairs is VND 50.000.000.
2. The fine for every
administrative violation under Chapter II hereof shall be applicable to an
individual offender, except for regulations under Articles 8, 9, 12, 13, 14,
Clause 1 Article 16, Article 33, and Clause 2 Article 36 hereof. The fine
applicable to an organization offender shall equal double the fine applicable
to an individual offender.
3. The maximum fine for
administrative violations specified under Articles 38 through 45 hereof is
applicable to an individual offender; the maximum fine for administrative
violations committed by an organization offender shall equal double the maximum
fine applicable to an individual offender.
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ADMINISTRATIVE VIOLATIONS, PENALTIES, AND REMEDIAL
MEASURES
Section 1.
ADMINISTRATIVE VIOLATIONS IN SOCIAL PROTECTION AFFAIRS
Article 6.
Violation of regulations on application for social protection policies
1. A warning or a fine ranging from
VND 100.000 to VND 250.000 shall be imposed on falsification of declaration in
order to benefit from emergency social allowances, except for cases under
Clause 2 and Clause 3 of this Article.
2. A fine ranging from VND 250.000
to VND 500.000 shall be imposed on falsification of declaration in order for 2
to 9 people to benefit from emergency social allowances.
3. A fine ranging from VND 500.000
to VND 1.000.000 shall be imposed on falsification of declaration in order for
10 people or more to benefit from emergency social allowances.
4. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed on:
a) Falsification of declaration in
order to benefit from monthly social allowances;
b) Falsification of declaration in
order to benefit from monthly care and nurture funding;
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5. Remedial measures:
a) Mandatory return of revenues
illegally generated by the violations under Clauses 1, 2, 3 and Points a and b
Clause 4 of this Article;
b) Cessation of social protection
at the social assistance establishments or concentrated care, nurture
facilities for violation under Point c Clause 4 of this Article.
Article 7.
Violation of regulations on responsibilities for caring, nurturing social
protection beneficiaries
1. A fine ranging from VND 10.000.000
to VND 20.000.000 shall be imposed on:
a) Keep social protection
beneficiaries in hunger, thirst; prevent or restrict personal hygiene of social
protection beneficiaries; force social protection beneficiaries to live in
toxic, hazardous environment or otherwise mistreat social protection
beneficiaries in a manner that is not liable to criminal prosecutions;
b) Fail to care, nurture social
protection beneficiaries.
2. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed on:
a) Exploit the care and nurture
provided for social protection beneficiaries for personal gain;
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3. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed on tempting, coercing, or forcing
social protection beneficiaries to violate the law in a manner that is not
liable to criminal prosecutions.
4. Additional forms of penalty:
Suspend operation of social assistance
establishments in part or in whole for committing violations under Clauses 1,
2, and 3 of this Article.
5. Remedial measures:
a) Mandatory return of revenues
illegally generated by the violations under Point b Clause 1, Points a and b
Clause 2 and Clause 3 of this Article;
b) Mandatory payment of medical
examination and treatment costs (if any) for social protection beneficiaries
whose health is affected as a result of violations under Points a and b Clause
1 and Point b Clause 2 of this Article.
Article 8.
Violation of operation of social assistance establishments
1. A fine ranging from VND 500.000
to VND 1.000.000 shall be imposed on inadequate storage of basic documents of
social protection beneficiaries.
2. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed on:
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b) Failure to submit periodic
reports on operation of social assistance establishments as per the law;
c) Failure to provide adequate
items for daily routines such as: blanket, curtain, mat, summer clothing,
winter clothing, undergarment, handkerchief, shoes, flip-flops, toothbrush,
common medicine; personal hygiene items for female social protection
beneficiaries, books, learning equipment for individuals who are pursuing
education, and other items as per the law.
3. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed on:
a) Failure to organize recovery,
production activities; assist social protection beneficiaries in self-governing,
cultural, sports activities, and other activities suitable for age and health
of each group of social protection beneficiaries;
b) Failure to provide items for
daily routines such as: blanket, curtain, mat, summer clothing, winter clothing,
undergarment, handkerchief, shoes, flip-flops, toothbrush, common medicine;
personal hygiene items for female social protection beneficiaries, books,
learning equipment for individuals who are pursuing education, and other items
as per the law.
4. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on:
a) Incorrect use of funding and
facilities of social assistance establishments;
b) Illegal collection of service
fee from social protection beneficiaries;
c) Failure to guarantee environment,
medical, hygiene, facility, personnel, or employee requirement;
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5. A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed when:
a) The establishment operates
without applying for establishment as per the law;
b) The establishment operates
without the license as per the law.
6. Additional forms of penalty:
Suspend operation of social assistance establishments in part or in whole from
6 months to 12 months for committing the violations under Points c and d Clause
4 and Clause 5 of this Article.
7. Remedial measures:
a) Mandatory return of illegally
collected money to social protection beneficiaries for violations under Point b
Clause 4 of this Article;
b) Mandatory return of revenues
illegally generated by the violations under Point a Clause 4 of this Article;
b) Mandatory payment of medical
examination and treatment costs (if any) for social protection beneficiaries
whose health is affected as a result of violations under Point c Clause 2 and
Point b Clause 3 of this Article.
Article 9.
Violations of regulations on responsibilities of service providers that make
payments
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a) Inadequate payment of allowances
for social protection beneficiaries as per the law;
b) Untimely payment of allowances
for social protection beneficiaries as per the law.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed when:
a) Failure to pay social protection
beneficiaries allowances;
b) Failure to pay the correct
social protection beneficiaries allowances.
3. Remedial measures:
Mandatory payment of allowances for
the right beneficiaries in case of violations under Point a Clause 1 and Points
a and b Clause 2 of this Article.
Article 10.
Violation of regulations on managing aid
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed when:
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b) Aid is used or distributed for
the wrong purposes or to the wrong beneficiaries;
c) Aid is swapped.
2. Remedial measures:
a) Mandatory return of the damaged
or lost aid for violations under Point a Clause 1 of this Article;
b) Mandatory return of revenues
illegally generated by the violations under Points b and c Clause 1 of this
article;
c) Mandatory payment of all medical
examination and treatment costs (if any) for individuals whose health is affected
by using the aid for violations under Points a and c Clause 1 of this Article.
Article 11.
Violation of regulations on prohibited acts against persons with disabilities
1. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed when:
a) Discriminating persons with
disabilities;
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c) Obstructing independence and
social integration of persons with disabilities;
d) Obstructing participation of
persons with disabilities in social activities;
dd) Obstructing access of persons
with disabilities to information technology.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on failure to care, nurture
persons with disabilities as per the law.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on exploit of images, personal
information, or conditions of persons with disabilities or organizations of
persons with disabilities or organizations for persons with disabilities for personal
gain or violation of the laws.
4. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed on inducing, talking, or coercing
persons with disabilities to commit violations in a manner that is not liable
to criminal prosecutions.
5. Remedial measures:
Mandatory return of money illegally
generated by the violations under Clause 2 and Clause 3 of this Article.
Article 12.
Violation of regulations on healthcare for persons with disabilities of medical
examination and treatment establishments
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a) Failing to provide counsel on
solutions for preventing and detecting disabilities early;
b) Failure to prioritize medical
examination and treatment for: persons with particularly severe disabilities,
the elderly with disabilities, and pregnant women with disabilities as per the
law.
2. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed on failure to identify congenital
disabilities of infants.
3. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed on failure to renovate or upgrade
facilities serving medical examination and treatment in order to guarantee
accessibility for persons with disabilities when renovating, repairing medical
examination and treatment establishments.
Article 13.
Violation of regulations on responsibilities of education institutions for
educating persons with disabilities
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed when:
a) Failing to guarantee learning
and teaching conditions suitable with persons with disabilities as per the law;
b) Failing to provide learning aid
dedicated for persons with disabilities as per the law;
c) Failing to exempt persons with
disabilities from certain subjects or contents or activities which the persons
with disabilities cannot satisfy;
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dd) Issuing enrolment requirements
in a way that excludes persons with disabilities, unless otherwise allowed by
the law;
e) Failing to prioritize enrolment
of persons with disabilities as per the law;
g) Obstructing the right to study
of persons with disabilities.
2. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed when:
a) Failing to reduce or exempt
tuition, training costs, and other contributions as per education laws;
b) Failing to renovate or upgrade
teaching, learning facilities in order to guarantee accessibility for persons
with disabilities when renovating and repairing education institutions.
Article 14.
Violation of regulations on vocational education of vocational education
institutions regarding persons with disabilities
1. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed on failing to provide career
counseling for persons with disabilities as per the law.
2. A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed when:
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b) Lacking programs, textbooks,
teaching staff, and training methods, time suitable for persons with
disabilities;
c) Failing to issue preliminary degrees,
certificates, or training certificates when persons with disabilities are
eligible for such degrees and certificates as per the law.
Article 15.
Violation of regulation on traffic for persons with disabilities and the
elderly
A fine ranging from VND 1.000.000
to VND 3.000.000 shall be imposed when:
1. Failing to prioritize selling
tickets for persons with disabilities and the elderly;
2. Failing of persons in charge as
per the law to assist and arrange suitable seats for persons with disabilities
and the elderly;
3. Refusing to carry persons with
disabilities or vehicles, equipment aiding persons with disabilities on public
transport.
Article 16.
Violation of regulation on information and communications for persons with
disabilities
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on enterprises producing and
distributing information and communication products, services, including
hardware, software, and digital information that violate any of the regulations
requiring application of standards and technologies assisting persons with
disabilities in accessing and using information and communication products,
services.
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3. Remedial measures:
Mandatory return of revenues
illegally generated by the violations under Clause 2 of this Article.
Article 17.
Violation of evaluation of level of disability
1. A fine ranging from VND 500.000
to VND 1.000.000 shall be imposed on:
a) Failing to adequately fulfill
responsibilities of members of the Council for evaluating level of
disabilities;
b) Failing to adequately adopt
measures for evaluating or re-evaluating level of disabilities.
2. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed on:
a) Failing to fulfill
responsibilities of members of the Council for evaluating level of
disabilities;
b) Failing to adopt measures for
evaluating or re-evaluating level of disabilities.
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a) Exploiting the evaluation of
level of disability for personal gain;
b) Refusing to re-evaluate level of
disabilities without justifiable reasons;
c) Committing fraud in evaluation
of level of disabilities or issuance of certificate of level of disabilities.
4. Remedial measures:
b) Mandatory return of revenues
illegally generated by the violations under Point a Clause 3 of this Article;
b) Mandatory return of certificate
of level of disabilities for the violations under Point c Clause 3 of this
Article.
Article 18.
Violation of regulations on rights and obligations for the elderly
1. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed on:
a) Hindering the elderly from
living with their children or grandchildren or living independently against
their will;
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c) Failing to exempt the elderly
from donations for social activities;
c) Failing to prioritize the
elderly when distributing aid, healthcare, and accommodation in order to
remediate initial difficulties in case of natural disasters or other force
majeure events;
dd) Failing to pay the elderly the
allowances of the Government.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on keeping the elderly in hunger,
thirst, or poor personal hygiene conditions; keeping the elderly in toxic,
hazardous environment or otherwise mistreating the elderly.
3. Remedial measures:
a) Mandatory apology in case of
violations under Clause 2 of this Article;
b) Mandatory return of money
illegally collected to the elderly for violations under Point c Clause 1 of
this Article;
c) Mandatory return of Government
allowances to the elderly for violations under Point dd Clause 1 of this
Article;
d) Mandatory payment of medical
examination and treatment costs (if any) on behalf of the elderly whose health
is affected as a result of the violations under Clause 2 of this Article.
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1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on:
a) Failing to fulfill the
obligations to care for the elderly as per the law;
b) Failing to comply with signed
caregiver service agreements as per the law;
c) Exploiting care of the elderly
for personal gain.
2. Remedial measures:
Mandatory return of revenues
illegally generated by the violations under Point c Clause 1 of this Article.
Article 20.
Violation of other regulations relating to persons with disabilities and the
elderly
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on inciting or inducing violations
of the law against persons with disabilities and the elderly.
2. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed on:
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b) Forcing the elderly to violate
the law in a manner that is not liable to criminal prosecutions;
c) Taking revenge or threatening
caregivers of the elderly or individuals discovering and expose violations of
the law against the elderly.
Section 2.
ADMINISTRATIVE VIOLATIONS IN CHILDREN AFFAIRS
Article 21.
Violation of regulations on caring and nurturing children
1. A fine ranging from VND 10.000.000
to VND 15.000.000 shall be imposed on:
a) Either parent or caregiver of
children who fails to fulfill their obligations and responsibilities in caring,
nurturing children except for cases where such individuals must be isolated
from the children or the children are under adoption as per the law;
b) Either parent or caregiver of
children who fails to care, nurture the children, neglect their obligations and
responsibilities in caring, nurturing children or abandoning children or
severing emotional and financial support for children or forcing children to
live away from the family, except for cases where either parent or caregiver
must temporarily be isolated from the children or the children are under
adoption as per the law.
2. A fine ranging from VND
20.000.000 to VND 25.000.000 shall be imposed on parent or caregiver who
intentionally abandons children.
Article 22.
Violation of regulations on violence against children
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a) keeping children in hunger,
thirst, or poor personal hygiene conditions; keeping children in toxic,
hazardous environment or otherwise mistreating children.
b) inflicting mental damage,
offending dignity, self-esteem, insulting, scolding, threatening, or isolating
children thereby hindering child development;
c) isolating, ejecting, other
employing punishments to teach children in a way that causes physical or mental
damage to children;
d) regularly threatening children
with images, sounds, animals, or objects that fright or cause mental damage to
children.
2. Remedial measures:
a) Mandatory payment of medical
examination and treatment costs (if any) for children in case of violations
under Clause 1 of this Article;
b) Mandatory disposal of items causing
harm to children’s health for violations under Point d Clause 1 of this
Article.
Article 23.
Violation of regulations on child exploitation, organization, facilitation,
incitement, or coercion of child marriage
1. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed on:
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b) organization, incitement, or
coercion of child marriage.
2. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed on:
a) organizing or coercing children
into beggary;
b) leasing, lending, or exploiting
children for beggary purpose.
3. A fine ranging from VND
20.000.000 to VND 25.000.000 shall be imposed on:
a) coercing, inducing, inciting,
exploiting, or forcing into acting as middleman for child exploitation;
b) coercing, inducing, inciting,
exploiting, or forcing children into child labor as per the law;
c) forcing children to work before
working age, work for long hours, do arduous, toxic, hazardous work as per the
law or work in areas with security issues thereby impacting child personality
and development. In case employers employ children to do work not permitted by
the law, impose penalties for administrative violations in accordance with
Decree of the Government imposing penalties for administrative violations in
employment, social insurance, and Vietnamese guest workers;
d) exploiting child labor. If
employers exploit vocational education and training to exploit work of
children, the employers shall be met with penalties for administrative
violations in accordance with Decree of the Government imposing penalties for
administrative violations in employment, social insurance, and Vietnamese guest
workers.
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Confiscation of exhibits and
instruments of administrative violations for violations under Clause 3 of this
Article.
5. Remedial measures:
a) Mandatory return of revenues
illegally generated by the violations under Clause 2 and Clause 3 of this
Article.
b) Mandatory payment of medical
examination and treatment (if any) for children for violations under Clause 1
and Clause 2 and Clause 3 of this Article.
Article 24.
Violation of regulations on employing, coercing, inciting, inducing,
exploiting, or forcing children to violate the law or offend dignity,
self-esteem of other people
1. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed on:
a) Employing children to violate
the law, offend dignity or self-esteem of other people in a manner that is not
liable to criminal prosecutions;
b) Inducing children to violate the
law, offend dignity or self-esteem of other people in a manner that is not
liable to criminal prosecutions;
c) Inciting children to violate the
law, offend dignity or self-esteem of other people in a manner that is not
liable to criminal prosecutions;
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dd) Forcing or coercing children to
violate the law, offend dignity or self-esteem of other people in a manner that
is not liable to criminal prosecutions.
2. Remedial measures:
Mandatory payment of medical examination
and treatment costs (if any) for children in case of violations under Clause 1
of this Article.
Article 25.
Violation of regulation on children’s right to receive healthcare
1. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed on:
a) Failing to satisfy diet suitable
for physical and mental development of children by group age;
b) Failing to adequately perform
initial healthcare, prevent diseases, counsel, and assist children in taking
care of reproductive and sexual health.
2. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed on:
a) Failing to provide or preventing
pregnant women from accessing medical services in order for congenital
illnesses of children to be screened and prevented;
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c) Adopting traditions or customs
that are harmful for children’s health;
d) Failing to prioritize medical
examination and treatment for children.
Article 26.
Violation of regulation on children’s right to receive education
1. A fine ranging from VND 500.000
to VND 1.000.000 shall be imposed on:
a) Destroying books, notebooks, or
learning equipment;
b) Intentionally refusing to
contribute toward children’s learning activities as per the law;
c) Failing to guarantee learning
time and conditions of children.
2. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed on obstruction of children’s
academic activities.
3. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed on individuals inducing, inciting,
coercing, or forcing children to drop school.
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Mandatory payment of costs for
purchasing books, notebooks, and learning equipment of children for violations
under Point a Clause 1 of this Article.
Article 27.
Violation of regulation on children’s right to access information, participate
in social activities, express ideas, preserve, utilize traditions, play, relax,
and discrimination against children
1. A fine ranging from VND 500.000
to VND 1.000.000 shall be imposed on:
a) Hindering children from engaging
in social activities suitable for their age, growth, demand, and capacity
unless otherwise for children’s greatest interest;
b) Hindering children from
expressing ideas, wishes, or engaging in children’s issues;
c) Hindering the right to preserve
and utilize traditions;
d) Hindering the right to play,
relax, and participate in cultural, art, sports, or tourism activities as per
the law.
2. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed on:
a) Forcing or repressing children
when they express ideas, wishes, or engage in children’s issues;
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c) Failing to receive, resolve,
respond to ideas, propositions, or wishes of children, or organize
representation of children's voice as per the law;
d) Failing to correctly publicize
information on education and training plans, care plans, or donations as per
the law.
3. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed on discriminating against children
for personal ideas, family situations, gender, ethnic, nationality, religion,
or belief.
4. Remedial measures:
a) Mandatory apology in case of
violation under Clause 3 of this Article;
b) Mandatory publicizing of correct
information as per the law, mandatory revision of incorrect information in case
of violation under Point d Clause 2 of this Article.
Article 28.
Violation of regulation on support and intervention for children in particular
situations, assaulted children, or children facing risks of being exploited,
abused, abandoned, or otherwise assaulted
1. A fine ranging from VND 5.000.000
to VND 10.000.000 shall be imposed on:
a) Failing to inform, failing to
provide, or withhold information on children facing risks of being exploited,
abused or otherwise assaulted from competent authorities and individuals;
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2. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed on:
a) Failing to provide or
withholding information on assaulted children to competent authorities or
individuals;
b) Failing to inform assigned
entities about assault on children;
c) Hindering the provision of
information on assaulted children to competent authorities and individuals;
d) Failing to provide information
and cooperate in examining the veracity of the assault, lack of safety, level
of harm on the children upon being requested by competent authorities and
individuals;
dd) Failing to secure information,
notify, or expose assault on children.
3. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed on:
a) Failing to adequately and
promptly assist, intervene cases where children are assaulted or facing risk of
being abused, exploited, abandoned, and children in particular situations;
b) Refusing or failing to provide
support, intervention, or custody for children who are assaulted or facing
risks of being abused, exploited, abandoned, and children in particular
situations.
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1. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed on:
a) Providing unsafe or unfriendly
products and services that cause harm to children;
b) Selling addictives, other
stimulants, or unsafe food causing harm to children;
c) Enabling children to use
addictives, other stimulants, or unsafe, harmful food.
2. Additional forms of penalty:
a) Confiscation of exhibits and
instruments of administrative violations for violations under Clause 1 of this
Article;
b) Partial or total suspension of
business activities relating to the violation for 1 to 3 months for violations
under Point b Clause 1 of this Article.
3. Remedial measures:
a) Mandatory disposal of food or
products unsafe, harmful for children for violations under Clause 1 of this
Article;
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Article 30.
Violation of regulations on provision of products, services, information, or
media that affects healthy development of children
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on provision of Internet service
or other services that affect healthy development of children.
2. The following fine shall be
imposed on production, publishing, duplication, circulation, operation,
distribution, possession, transport, concealing, or trading of publications,
toys, games, or other products that target children while negatively affect
health development of children:
a) From VND 3.000.000 to VND
5.000.000 for 1 to 9 units;
b) From VND 5.000.000 to VND
10.000.000 for 10 to 49 units;
c) From VND 10.000.000 to VND
15.000.000 for 50 to 99 units;
d) From VND 15.000.000 to VND
20.000.000 for 100 to 199 units;
dd) From VND 20.000.000 to VND
30.000.000 for 200 to 499 units;
e) From VND 30.000.000 to VND
40.000.000 for 500 to 999 units;
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3. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on:
a) Failing to specify that
products, publications or toys are not suitable for children if that is the
case;
b) Failing to notify the age at
which children are not allowed to view, watch, or listen to broadcasts,
television, art, motion picture programs or performances if such media contains
contents inappropriate for children;
c) Failing to comply with
requirements for adequate information on publications targeting children.
4. A fine ranging from VND
10.000.000 to VND 30.000.000 shall be imposed on failing to issue adequate
warnings for contents inappropriate for children for radio, television
programs, newspaper, and publications.
5. A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed on inclusion of children’s images
in cultural, information, media products that contain pornographic, violent, or
horrific contents.
6. Additional forms of penalty:
Confiscation of publications,
products, toys, games, and other products targeting children for violations
under Clause 2, Point a and Point c Clause 3, and Clause 4 of this Article.
7. Remedial measures:
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b) Mandatory retrieval of
publications, toys, physical newspaper, and published products for violations
under Clause 2 and Point a Clause 3 of this Article;
c) Mandatory disposal of cultural,
information, media products that contain pornographic, violent, or horrific
contents for violations under Clause 5 of this Article.
Article 31.
Violation of regulation on disclosure of information on private lives or
personal secrets of children
1. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed on disclosing or publicizing any
of the following information without consent of parents, caregivers, guardians,
or children at 7 years of age, such as: name, age, physical appearance, health,
life conditions written in medical records, personal images, family members,
caregivers, personal belongings, phone number, personal mailing address,
residence address, residence, hometown, address and information on schools,
classes, studying results, relationships, and services provided for children
personally.
2. Remedial measures:
a) Mandatory apology in case of
violation under Clause 1 of this Article;
b) Removal, recall, and deletion of
information on private lives and personal secrets of children for violations
under Clause 1of this Article.
Article 32.
Violation of regulation of exploiting adoption to assault children; exploiting
Government policies and/or support of organizations, individuals for children
for personal gain
1. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed on:
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b) Exploiting policies of the
Government and support of other organizations, individuals for personal gain.
2. Remedial measures:
a) Mandatory payment of medical
examination and treatment costs (if any) for children in case of violations
under Point a Clause 1 of this Article;
b) Mandatory return of revenues
illegally generated by the violations under Point b Clause 1 of this Article;
c) Mandatory termination of
adoption and transfer to appropriate child adoption form for violations under
Point a Clause 1 of this Article.
Article 33.
Violation of regulations on construction of service providers, manufacturing
facilities, or storage that poses toxic, flammable risks close to child
protection service providers, education institutions, medical establishments,
cultural facilities, or recreation locations or vice versa
1. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed on:
a) Constructing structures or
installing equipment of service providers, manufacturing facilities, or storage
that poses toxic, flammable risks close to child protection service providers,
education institutions, medical establishments, cultural facilities, or recreation
locations;
b) Constructing structures or
installing equipment of child protection service providers, education
institutions, medical establishments, cultural facilities, or recreation
locations close to service providers, manufacturing facilities, or storage that
poses toxic, flammable risks.
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Partial or total suspension of
operation for 3 to 6 months for violations under Clause 1 of this Article.
3. Remedial measures:
a) Mandatory relocation of service
providers, manufacturing facilities, or storage that poses toxic, flammable
risks or child protection service providers, education institutions, medical
establishments, cultural facilities, or recreation locations due to inadequate
construction in case of violations under Point a Clause 1 of this Article;
b) Mandatory dismantlement of
illegally constructed structures, illegally installed equipment in case of
violations under Point b Clause 1 of this Article.
Article 34.
Violation of regulations on inadequate or illegal occupation, use of facilities
intended for studying, recreational activities, child protective services
1. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed on:
a) Illegally appropriating
facilities intended for studying, recreational activities, or child protective
services;
b) Inadequately or illegally using
facilities intended for studying, recreational activities, or child protective
services.
2. Remedial measures:
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b) Mandatory return of revenues
illegally generated by the violations under Clause 1 of this Article.
Article 35.
Violation of regulations on lack of safety assurance which leads to accident or
injury for children
1. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed on:
a) Failing to notify or issue
warnings for areas with danger, hazard, fire risk, explosive risk, electricity,
falling objects, slip, or other risks that lead to accident or injury of
children;
b) Failing to adequately and
promptly comply with safety measures in manufacturing, trading, and circulating
transport vehicles thereby leading to accident or injury of children.
2. Remedial measures:
a) Mandatory adoption of rectifying
measures in order to rectify the lack of safety for violations under Clause 1
of this Article;
b) Mandatory payment of medical
examination and treatment costs (if any) for children in case of violations
under Clause 1 of this Article.
Article 36 Violation of
responsibility for protecting children on internet environment
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a) Providing, sharing information
or services harmful for children, or information, services that are fabricated,
toxic, pornographic, violent, suicide incitement, distorted, threatening,
violating dignity, self-esteem, infringing legal rights and benefits of
children;
b) Failing to issue warnings or
remove information or services harmful for children, information or services
that are fabricated, toxic, pornographic, violent, suicide incitement,
distorted, threatening, violating dignity, self-esteem, infringing legal rights
and benefits of children;
c) Failing to adopt measures and
tools to ensure safety for personal secrets of children; failing to issue
warnings when children provide or change their personal information;
d) Failing to delete, remove
personal information of children as requested by their parents, caregivers,
guardians, or competent agencies, organizations, individuals;
dd) Failing to receive, assess, and
classify information sent by agencies, organizations, individuals, and children
based on child safety level;
e) Failing to publicize list of
information network, online services and products classified by level of safety
for children;
g) Failing to detect and remove
images, documents, and information inappropriate for children or impacting
children’s healthy development;
h) Failing to provide instructions
on services or information technology equipment to protect children;
i) Failing to adopt measures to
protect children who access information and use services.
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3. Additional forms of penalty:
Revoke the license for violations
under Clause 1 and Clause 2 of this Article.
4. Remedial measures:
a) Mandatory return of revenues
illegally generated by the violations under Clause 1 and Clause 2 of this
Article.
b) Mandatory payment of medical
examination and treatment costs (if any) for children in case of violations
under Clause 2 of this Article;
c) Mandatory removal of information
and services harmful for children, information or services that are fabricated,
distorted, violating dignity, self-esteem, infringing legal rights and benefits
of children for violations under Point a Clause 1 of this Article;
d) Mandatory removal of personal
information of children for violations under Point c Clause 1 of this Article.
Chapter III
ENTITLEMENT TO PRODUCE OFFENSE NOTICE AND IMPOSE
PENALTIES FOR ADMINISTRATIVE VIOLATIONS
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1. Labor - war invalids and social
affair inspectors are entitled to impose penalties for violations under Chapter
II hereof.
2. Health inspectors are entitled
to impose penalties for violations under Articles 12, 17, 21, 25, 29, and 33
hereof.
3. Education and training inspectors
are entitled to impose penalties for violations under Article 13, Point b
Clause 1 Article 18 and Articles 26, 28, 33, and 34 hereof.
4. Transport inspectors are
entitled to impose penalties for violations under Articles 15 and 35 hereof.
5. Culture, sports, and tourism
inspectors are entitled to impose penalties for violations under Clause 3
Article 11, Point b Clause 1 Article 18, Clause 1 Article 23, and Articles 29,
30, 33, and 34 hereof.
6. Information and communication
inspectors are entitled to impose penalties for violations under Point dd
Clause 1 Article 11, Clause 3 Article 11, and Articles 16, 30, 31, and 36
hereof.
7. Legal affair inspectors are
entitled to impose penalties for violations under Point b Clause 1 Article 11,
Clause 2 Article 11, and Point b Clause 1 Article 23 hereof.
8. Home affair inspectors are
entitled to impose penalties for violations under Article 27 hereof.
9. Construction inspectors are
entitled to impose penalties for violations under Articles 33, 34, and 35 hereof.
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11. People’s Public Security forces
are entitled to impose penalties for violations under Articles 7, 8, 9, 10, 11,
15, 18, 19, 20, 21, 22, 23, 24, Point a Clause 1, Clause 2, Clause 3 Article
26, Articles 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36 hereof.
12. Border guards are entitled to
impose penalties for violations under Articles 7, 8, 11, 18, 19, 20, 21, 22,
23, 28, 29, and Clause 2 Article 30 hereof.
13. Vietnam coast guards are
entitled to impose penalties for violations under Clause 2 and Clause 3 Article
15, Clause 2 Article 18, Article 20, Clause 1 Article 22, Clause 3 Article 23, Clause
1 Article 24, Article 28, Clause 2 Article 30, and Point b Clause 1 Article 35
hereof.
14. Port authorities, airport
authorities, and inland waterway port authorities are entitled to impose
penalties for violations under Articles 15 and 35 hereof.
15. Chairpersons of People’s
Committees are entitled to impose penalties for violations under Chapter II
hereof.
Article 38.
Powers of inspectors
1. Inspectors and individuals
assigned to conduct specialized inspection, while performing tasks under Clauses
1, 2, 3, 4, 5, 6, 7, 8, and 9 Article 37 hereof, have the power to:
a) Impose warnings;
b) Impose a fine up to VND 500.000;
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d) Adopt remedial measures under
Points a and dd Clause 1 Article 28 of the Law on Imposing Penalties for
Administrative Violations.
2. Chief inspectorates of
departments under Clauses 1, 2, 3, 4, 5, 6, 7, 8, and 9 Article 37 hereof have
the power to:
a) Impose warnings;
b) Impose a fine up to VND
25.000.000;
c) Revoke the license of operation
temporarily or suspend the operation temporarily;
d) Confiscate exhibits and
instrument of administrative violation whose values do not exceed VND
50.000.000;
dd) Adopt remedial measures
specified in Clause 3 Article 4 hereof.
3. Chief Inspectorate of Ministry
mentioned under Clauses 1, 2, 3, 4, 5, 6, 7, 8, and 9 Article 37 hereof and
Director of Directorate of Vocational Education and Training have the power to:
a) Impose warnings;
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c) Revoke the license of operation
temporarily or suspend the operation temporarily;
d) Confiscate exhibits and
instrument of administrative violations;
dd) Adopt remedial measures
specified in Clause 3 Article 4 hereof.
4. Heads of specialized ministerial
inspectorates mentioned under Clauses 1, 2, 3, 4, 5, 6, 7, 8, and 9 Article 37
hereof have the power to:
a) Impose warnings;
b) Impose a fine up to VND
35.000.000;
c) Revoke the license of operation
temporarily or suspend the operation temporarily;
d) Confiscate exhibits and
instrument of administrative violation whose values do not exceed VND
70.000.000;
dd) Adopt remedial measures
specified in Clause 3 Article 4 hereof.
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Article 39.
Entitlement of Chairpersons of People’s Committees
1. Chairpersons of People’s
Committees of communes have the power to:
a) Impose warnings;
b) Impose a fine up to VND
5.000.000;
c) Confiscate exhibits and
instrument of administrative violation whose values do not exceed VND
10.000.000;
d) Adopt remedial measures under
Points a and dd Clause 1 Article 28 of the Law on Imposing Penalties for
Administrative Violations.
2. Chairpersons of People’s
Committees of districts have the power to:
a) Impose warnings;
b) Impose a fine up to VND
25.000.000;
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d) Confiscate exhibits and
instrument of administrative violations;
dd) Adopt remedial measures
specified in Clause 3 Article 4 hereof.
3. Chairpersons of People’s
Committees of provinces have the power to:
a) Impose warnings;
b) Impose a fine up to VND 50.000.000;
c) Revoke the license of operation
temporarily or suspend the operation temporarily;
d) Confiscate exhibits and
instrument of administrative violations;
dd) Adopt remedial measures
specified in Clause 3 Article 4 hereof.
Article 40.
Entitlement of Market surveillance authority
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a) Impose warnings;
b) Impose a fine up to VND 500.000;
2. Chiefs of Market surveillance
teams, Heads of Professional Affair Departments affiliated to Departments of
Market Surveillance Professional Affairs have the power to:
a) Impose warnings;
b) Impose a fine up to VND
25.000.000;
c) Confiscate exhibits and
instrument of administrative violation whose values do not exceed VND
50.000.000;
d) Enforce remedial measures under
Points dd, h, and i Clause 1 Article 28 of the Law on Imposing Penalties for
Administrative Violations and Points d, p, q, and r Clause 3 Article 4 hereof.
3. Directors of Departments of
Market Surveillance of provinces and Directors of Departments of Market
Surveillance Professional Affairs affiliated to the Vietnam Directorate of
Market Surveillance have the power to:
a) Impose warnings;
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c) Confiscate exhibits and
instrument of administrative violations;
d) Revoke the license of operation
temporarily or suspend the operation temporarily;
dd) Enforce remedial measures under
Points dd, h, and i Clause 1 Article 28 of the Law on Imposing Penalties for
Administrative Violations and Points d, p, q, and r Clause 3 Article 4 hereof.
4. Director of Vietnam Directorate
of Market Surveillance has the power to:
a) Impose warnings;
b) Impose a fine up to VND
50.000.000;
c) Confiscate exhibits and
instrument of administrative violations;
d) Revoke the license of operation
temporarily or suspend the operation temporarily;
dd) Enforce remedial measures under
Points dd, h, and i Clause 1 Article 28 of the Law on Imposing Penalties for
Administrative Violations and Points d, p, q, and r Clause 3 Article 4 hereof.
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1. People’s Public Security
officers while on duty have the power to:
a) Impose warnings;
b) Impose a fine up to VND 500.000.
2. Heads of Mobile Police
companies, heads of stations, and commanders of individuals under Clause 1 of
this Article have the power to:
a) Impose warnings;
b) Impose a fine up to VND
1.500.000.
3. Heads of police authorities of
communes, heads of police stations, heads of border police posts,
export-processing zone police posts, heads of border police authorities of
international airports, commanding officers of mobile police battalions,
commanding officers of naval forces:
a) Impose warnings;
b) Impose a fine up to VND
2.500.000;
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d) Adopt remedial measures under
Points a and dd Clause 1 Article 28 of the Law on Imposing Penalties for
Administrative Violations.
4. Chiefs of police authorities of
districts; Head of Professional Department Affair affiliated to the Internal
Political Security Department; Head of Professional Affair Department
affiliated to the Police Department for Administrative Management of Social
Order; Head of Professional Affair Department affiliated to the Traffic Police
Department; Head of Professional Affair Department affiliated to The Police
Department of Fire Prevention and Fighting and Rescue; Head of Professional
Affair Department affiliated to the Department of Cyber Security and Hi-tech
Crime Prevention; Head of Professional Affair Department affiliated to the
Vietnam Immigration Department; Directors of the following entities affiliated
to provincial police authority: Director of Internal Political Security
Department, Director of Police Department for Administrative Management of
Social Order, Director of Investigation Police Department on Social Order
Crimes, Director of Investigation Police Department on Corruption, Economic,
and Smuggling Crimes, Director of Investigation Police Department on
Drug-related Crimes, Director of Traffic Police Department, Director of the
Road-Railway Traffic Police Division, Director of the Road Traffic Police
Division, Director of the Waterway Traffic Police Division, Director of the
Mobile Police Department, Director of Security Guard Department, Director of
Criminal Judgment Execution and Judicial Assistance Division, Chief of Police
Division for Prevention and Control of Environmental Crimes, Chief of
Firefighting, Prevention and Rescue Police Division, Director of
Cybersecurity, Hi-Tech Crime Prevention and Control Division, Director of
Immigration Division, Director of Economic Security Division, Director of
External Security Division, Commanding Officer of Mobile Police Regiment,
Captain of Squadron have the power to:
a) Impose warnings;
b) Impose a fine up to VND
10.000.000;
c) Revoke the license of operation
temporarily or suspend the operation temporarily;
d) Confiscate exhibits and
instrument of administrative violation whose values do not exceed VND
20.000.000;
dd) Adopt remedial measures under
Points a and dd Clause 1 Article 28 of the Law on Imposing Penalties for
Administrative Violations and Points a, b, c, d, đ, e, g, h, i, k, l, m, p, q,
r and s Clause 3 Article 4 hereof.
5. Directors of provincial police authorities
have the power to:
a) Impose warnings;
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c) Revoke the license of operation
temporarily or suspend the operation temporarily;
d) Confiscate exhibits and
instrument of administrative violations;
dd) Adopt remedial measures under
Points a, dd, and i Clause 1 Article 28 of the Law on Imposing Penalties for
Administrative Violations and Points a, b, c, d, đ, e, g, h, i, k, l, m, p, q,
r and s Clause 3 Article 4 hereof.
6. Director of the Internal
Political Security Department; Director of the Economic Security Department;
Director of the Police Department for Social Order Administration; Director of
the Investigation Police Department for Social Order Crimes; Director of the
Investigation Police Department for Corruption, Economic and Smuggling Crimes;
Director of the Investigation Police Department for Drug Crimes; Director of
the Traffic Police Department; Director of the Firefighting, Prevention and
Rescue Police Department; Director of the Police Department for Prevention and
Control of Environmental Crimes; Director of the Cybersecurity, Hi-tech Crimes
Prevention and Control Department; Director of the Internal Security
Department; Director of the Police Department for Management of Retention and
Execution of Criminal Judgments at Community, and Commander of the Mobile
Police have the power to:
a) Impose warnings;
b) Impose a fine up to VND
50.000.000;
c) Revoke the license of operation
temporarily or suspend the operation temporarily;
d) Confiscate exhibits and
instrument of administrative violations;
dd) Adopt remedial measures under
Points a, dd, and i Clause 1 Article 28 of the Law on Imposing Penalties for
Administrative Violations and Points a, b, c, d, đ, e, g, h, i, k, l, m, p, q,
r and s Clause 3 Article 4 hereof.
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1. Border Guard soldiers while on
duty have the power to:
a) Impose warnings;
b) Impose a fine up to VND 500.000;
2. Heads of posts and Commanding
Officers of individuals under Clause 1 of this Article have the power to:
a) Impose warnings;
b) Impose a fine up to VND
2.500.000;
3. Chiefs of Task Force Teams for
drug and crime prevention and control affiliated to the Task Force Commissions
for drug and crime prevention and control have the power to:
a) Impose warnings;
b) Impose a fine up to VND
5.000.000;
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d) Adopt remedial measures under
Point dd Clause 1 Article 28 of the Law on Imposing Penalties for
Administrative Violations.
4. Commanding Officers of Border
Guard Posts, Captains of Naval Border Guard Flotillas, Commanders of the Border
Guard Commands at port border gates have power to:
a) Impose warnings;
b) Impose a fine up to VND
10.000.000;
c) Confiscate exhibits and
instrument of administrative violation whose values do not exceed VND
20.000.000;
d) Enforce remedial measures under
Point dd Clause 1 Article 28 of the Law on Imposing Penalties for
Administrative Violations and Points b, c, d, and l Clause 3 Article 4 hereof.
5. Leaders of Task Force
Commissions for Drug and Crime Prevention and Control affiliated to Department
of Drug and Crime Prevention and Control affiliated to the Command of Border
Guards have the power to:
a) Impose warnings;
b) Impose a fine up to VND
25.000.000;
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d) Enforce remedial measures under
Points dd and i Clause 1 Article 28 of the Law on Imposing Penalties for
Administrative Violations and Points b, c, d, and l Clause 3 Article 4 hereof.
6. Chief Commanders of provincial
Border Guards; Captains of Naval Border Guard Squadrons, and Director of the
Department of Drug and Crime Prevention and Control affiliated to the Command
of Border Guards shall have the power to:
a) Impose warnings;
b) Impose a fine up to VND
50.000.000;
c) Revoke the license of operation
temporarily or suspend the operation temporarily;
d) Confiscate exhibits and
instrument of administrative violations;
dd) Enforce remedial measures under
Points dd and i Clause 1 Article 28 of the Law on Imposing Penalties for
Administrative Violations and Points b, c, d, and l Clause 3 Article 4 hereof.
Article 43.
Entitlement of Vietnam Coast Guard
1. Members of the Vietnam Coast
Guard while on duty have the power to:
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b) Impose a fine up to VND
1.000.000.
2. Director of Professional Affair
Department of Vietnam Coast Guard has the power to:
a) Impose warnings;
b) Impose a fine up to VND
2.500.000.
3. Leaders of Professional Affair
Teams of the Vietnam Coast Guard and Chiefs of Vietnam Coast Guard posts have
the power to:
a) Impose warnings;
b) Impose a fine up to VND
5.000.000;
c) Enforce adoption of remedial
measures under Point dd Clause 1 Article 28 of the Law on Imposing Penalties
for Administrative Violations.
4. Captain of Coast Guard Flotilla
has the power to:
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b) Impose a fine up to VND
10.000.000;
c) Confiscate exhibits and
instrument of administrative violation whose values do not exceed VND
20.000.000;
d) Adopt remedial measures under
Point dd Clause 1 Article 28 of the Law on Imposing Penalties for
Administrative Violations and Points c, d, and i Clause 3 Article 4 hereof.
5. Captains of Naval Border Guard
Squadrons; Heads of Reconnaissance Commissions; Heads of Task Force Commissions
for Drug Crime Prevention and Control affiliated to the Command of Coast Guard
of Vietnam have the power to:
a) Impose warnings;
b) Impose a fine up to VND
15.000.000;
c) Confiscate exhibits and
instrument of administrative violation whose values do not exceed VND
30.000.000;
d) Adopt remedial measures under
Point dd Clause 1 Article 28 of the Law on Imposing Penalties for Administrative
Violations and Points c, d, and i Clause 3 Article 4 hereof.
6. Regional Commands of Coast Guard
and Director of the Department of Operations and Legislation under the control
of the Command of Coast Guard of Vietnam have the power to:
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b) Impose a fine up to VND
25.000.000;
c) Temporarily suspend license of
operation;
d) Confiscate exhibits and
instrument of administrative violations;
dd) Adopt remedial measures under
Point dd Clause 1 Article 28 of the Law on Imposing Penalties for
Administrative Violations and Points c, d, and i Clause 3 Article 4 hereof.
7. The Commander of Coast Guard of
Vietnam have the power to:
a) Impose warnings;
b) Impose a fine up to VND
50.000.000;
c) Confiscate exhibits and
instrument of administrative violations;
d) Adopt remedial measures under
Point dd Clause 1 Article 28 of the Law on Imposing Penalties for
Administrative Violations and Points c, d, and i Clause 3 Article 4 hereof.
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1. Representatives of head of
Maritime Administration, representatives of head of Airports Authority,
representatives of head of Inland Waterway Port Authority have the power to:
a) Impose warnings;
b) Impose a fine up to VND
10.000.000;
c) Confiscate exhibits and
instrument of administrative violation whose values do not exceed VND
20.000.000.
2. Director of Maritime
Administration, Director of Airports Authority, Director of Inland Waterway
Port Authority have the power to:
a) Impose warnings;
b) Impose a fine up to VND
50.000.000;
c) Confiscate exhibits and
instrument of administrative violations;
d) Adopt remedial measures under
Point d and i Clause 3 Article 4 hereof.
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Upon discovery of administrative
violations, competent individuals under Articles 38 through 44 hereof and
officials, public officials, members of the People’s Army forces, and People’s
Public Security forces who are conducting inspection and examination duty
regarding social protection, assistance and children affairs in accordance with
legislative documents or administrative documents issued by competent
authorities and individuals must promptly produce offense notice.
Chapter IV
IMPLEMENTATION
Article 46.
Entry into force
1. This Decree comes into force
from January 01, 2022.
2. Decree No. 144/2013/ND-CP dated
October 29, 2013 of the Government imposing penalties for administrative
violations in social protection, assistance, and childcare affairs expires from
the effective date hereof.
Article 47.
Transition clauses
1. For an administrative violation
regarding social protection, assistance, or children affairs that occurs before
the effective date hereof:
a) If an offense notice has been
produced but a decision imposing penalties has not been issued before the
effective date hereof and the prescriptive period of the violation has expired
or if the violation is not regulated by this Decree, do not impose penalties
for the violation;
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Penalties for the administrative
violation in this example shall be imposed in accordance with regulations on
imposing penalties for violations in social protection, assistance, and
children affairs effective at the time in which the offense notice of the violation
is produced; if penalties imposed in accordance with this Decree are more
favorable for the offender, this Decree shall prevail;
c) In case a decision on imposing
penalties for the administrative violation has been issued but not yet
implemented or fully implemented, continue to implement in accordance with that
decision;
d) In case of recidivism after
being met with penalties for the administrative violation and cases specified
in Points a, b, and c of this Clause do not apply, adopt this Decree to impose
the penalties.
2. In case a decision on imposing
penalties for administrative violations in social protection, assistance, and
children affairs has been issued but not yet implemented or fully implemented
before the effective date hereof where individual or organization met with the
penalties files a complaint, rely regulations and law on imposing penalties for
administrative violations effective at the time in which the decision on
imposing penalties is issued to resolve.
Article 48.
Responsibilities for implementation
1. Minister of Labor - War Invalids
and Social Affairs shall provide guidelines on implementation of this Decree if
necessary to meet state management requirements.
2. Ministers, heads of ministerial
agencies, heads of Governmental agencies, Chairpersons of People’s Committees
of provinces and central-affiliated cities, and relevant organizations and
individuals are responsible for implementation of this Decree./.
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