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THE GOVERNMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 144/2021/ND-CP
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Hanoi, December 31, 2021
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DECREE
ADMINISTRATIVE PENALTIES FOR VIOLATIONS AGAINST REGULATIONS
ON SOCIAL SAFETY, SECURITY, ORDER; SOCIAL EVILS, FIRE PREVENTION AND
FIREFIGHTING; RESCUE; DOMESTIC VIOLENCE PREVENTION AND CONTROL
Pursuant to the Law
on Government Organization of Vietnam dated June 19, 2015; the Law dated
November 22, 2019 on amendments to the Law on Government Organization of
Vietnam dated June 19, 2015 and the Law on Local Government Organization;
Pursuant to the Law
on Handling of Administrative Violations of Vietnam dated June 20, 2010; the
Law dated November 13, 2020 on Amendments to the Law on Handling of
Administrative Violations;
Pursuant to the Law
on Domestic Violence Prevention and Control of Vietnam dated November 21, 2007;
Pursuant to the Law
on Fire Prevention and Firefighting of Vietnam dated June 29, 2001; the Law
dated November 22, 2013 on Amendments to the Law on Fire Prevention and
Firefighting;
Pursuant to the Law
on Citizen Identification of Vietnam dated November 20, 2014;
Pursuant to the Law
on Housing of Vietnam dated November 25, 2014;
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Pursuant to the Law
on Entry, Exit, Transit, and Residence of Foreigners In Vietnam of Vietnam
dated June 16, 2014; the Law dated November 25, 2019 on Amendments to the Law
on Entry, Exit, Transit, and Residence of Foreigners In Vietnam;
Pursuant
to the Law on Management and Use of Weapons, Explosives and Combat Gears of Vietnam dated June 20,
2017 and the Law dated November 25, 2019 on Amendments to the Law on Management
and Use of Weapons, Explosives and Combat Gears;
Pursuant
to the Law on State Secret Protection of
Vietnam dated November 15, 2018;
Pursuant
to the Law on Execution of Criminal Judgments of
Vietnam dated June 14, 2019;
Pursuant
to the Law on Entry and Exit of Vietnamese Citizens of Vietnam dated November
22, 2019;
Pursuant
to the Law on Investment of Vietnam dated June 17, 2020;
Pursuant
to the Law on Residence of Vietnam dated November 13, 2020;
Pursuant
to the Law on Prevention and Control of Narcotic Substances of Vietnam dated March 30,
2021;
Pursuant
to the Law on Environment Protection of
Vietnam dated November 17, 2020;
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At
the request of the Minister of Public Security of
Vietnam;
The
Government promulgates a Decree on Administrative penalties for violations
against regulations on social safety, security, order; social evils, fire
prevention and firefighting; rescue; domestic violence prevention and control.
Chapter
I
GENERAL PROVISIONS
Article
1. Scope
1.
This Decree specifies
administrative violations, penalties, fines, remedial measures imposed against
each administrative violations, persons having the power to issue offence
notices, impose penalties and specific fines.
2.
Other the Government’s
Decrees on administrative penalties for violations against relevant regulations
shall apply to other administrative violations that are directly related to
social safety, security, order; social evils, fire prevention and firefighting;
rescue; domestic violence prevention and control that are not provided for in
this Decree.
Article
2. Regulated entities
1.
Vietnamese organizations and
individuals, foreign organizations and individuals that commit administrative
penalties for violations against regulations on social safety, security, order;
social evils, fire prevention and firefighting; rescue; domestic violence
prevention and control within the territory, inland waterways, territorial sea,
contiguous zones, exclusive economic zones and continental shelves of the
Socialist Republic of Vietnam; on airplanes with Vietnamese nationality and
ships with Vietnamese flags.
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3.
Authorities and persons
imposing administrative penalties for violations against regulations on social
safety, security, order; social evils, fire prevention and firefighting;
rescue; domestic violence prevention and control, relevant organizations and
individuals.
Article
3. Administrative penalties and remedial measures
1.
Primary administrative
penalties for violations against regulations on social safety, security, order;
social evils, fire prevention and firefighting; rescue; domestic violence
prevention and control include:
a)
Warnings;
b)
Fines.
2.
Depending on the nature and
extent of the violation, the organizations and individuals that commit
violations against regulations on social safety, security, order; social evils,
fire prevention and firefighting; rescue; domestic violence prevention and
control may have to incur one or some of the following additional penalties:
a)
Suspension of the license or practicing certificate;
b)
Suspension of operation;
c)
Confiscation of exhibits or vehicles used for commission of the administrative
violations (hereinafter referred to as "exhibits and means of
administrative violations");
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3.
In addition to the remedial
measures specified in Points a, c, e and I Clause 1 Article 28 of the Law on
Handling of Administrative Violations, organizations and individuals that
commits the administrative violations specified in this Decree may also have to
implement one or some of the following remedial measures:
a)
Mandatory return of the illegally appropriated property;
b) Mandatory
return of the certificates relevant to weapons, combat gears and firecrackers;
certificates of security and order; certificates of security operation;
certificates of seal registration; licenses to transport goods with fire
hazards/explosion hazards; fire safety approvals; practicing certificates,
certificates of eligibility to provide fire prevention and firefighting
services; certificates of inspection of fire safety and firefighting equipment
that are falsified ((hereinafter referred to as "licenses, practicing
certificates, certificates of registration");
c)
Mandatory return of the ID card;
d)
Mandatory return of the seal, the certificate of seal registration;
dd)
Mandatory destruction of documents that are illegally sealed;
e)
Mandatory withdrawal, return of documents, fliers, articles, pictures serving
commission of the administrative violations;
g)
Mandatory withdrawal, return of classified documents and items;
h)
Mandatory removal of classified documents;
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k)
Mandatory ventilation;
l)
Mandatory installation and maintenance of anti-static devices or systems as per
regulations;
m)
Mandatory installation of devices for detecting and responding to leakage of
substances/goods with fire hazards/explosion hazards;
n)
Mandatory installation of electric devices or systems serving fire prevention,
firefighting and rescue;
o)
Mandatory installation of the lightning protection system or rectification of
error or repair of damage to the lightning protection system;
p)
Mandatory implementation of fire separation solutions as prescribed by law;
q)
Mandatory update of the fire prevention and firefighting database as per
regulations;
r)
Mandatory maintenance of continuous operation of incident communication
devices;
s)
Mandatory withdrawal of the fire safety and firefighting equipment or the
inspection record;
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u)
Mandatory fulfillment of contribution/nurturing obligations;
v)
Mandatory payment of the entire medical examination and treatment cost.
4.
Procedures for return of a
falsified license or certificate:
a) The
competent person shall issue a decision; the violator shall return the
falsified license or certificate in accordance with Clauses 1, 2, 3 and 4
Article 85 of the Law on Handling of Administrative Violations;
b) The
decision issuer mentioned in Point a of this Clause shall send a written
notification to the issuer of the license or certificate.
Article
4. Maximum fines, organizations incurring administrative penalties
1.
The maximum fine for a
domestic violence-related offence shall be 30.000.000 VND if imposed upon an
individual, 60.000.000 VND if imposed upon an organization; the maximum fine
for an offence against regulations on social security and order shall be
40.000.000 VND if imposed upon an individual, 80.000.000 VND if imposed upon an
organization; the maximum fine for an offence against regulations on fire
prevention, firefighting and rescue shall be 50.000.000 VND if imposed upon an
individual, 100.000.000 VND if imposed upon an organization; the maximum fine
for an offence against regulations on social evils shall be 75.000.000 VND if
imposed upon an individual, 150.000.000 VND if imposed upon an organization.
2.
The fines specified in
Chapter II of this Decree are imposed upon administrative violations committed
by individuals. The fine imposed upon an organization for the same violation
shall be twice the fine imposed upon an individual.
3.
The organizations mentioned
in Clause 1 and Clause 2 of this Article include:
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b)Business
organizations established under the Law on Cooperatives, including:
cooperatives, cooperative unions;
c)
Social organizations, socio-political organizations, social-professional
organizations;
d)
Public service providers;
d) State
agencies that commit violations that are not their state management tasks;
e)
Artels.
4.
Households, household
businesses that commit violations specified in this Decree shall incur the same
penalties as individuals.
Article
5. Prescriptive period
1.
Prescriptive period for
imposition of administrative penalties for violations against regulations on
social safety, security, order; social evils, fire prevention and firefighting;
rescue; domestic violence prevention and control is 01 year.
2.
Determination of prescriptive
period:
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b) For
an ongoing administrative violation, the prescriptive period begins when it is
discovered by a competent person;
c) In case
an administrative penalty is imposed under a notice sent by a competent person,
the prescriptive period will be the same as that prescribed in Clause 1 of this
Article, Point a and Point b of this Clause by the date of issuance of the
decision on penalty imposition.
Article
6. Procedures for imposition of penalties for violations that are also provided
for in the Criminal Code
Upon
discovery of the violations specified in Point d Clause 1, Point c Clause 2,
Point b Clause 3, Points b and c Clause 4, Points a and d Clause 5 Article 7;
Points b and c Clause 4 Article 9; Point a Clause 3, Points a and b Clause 4
Article 10; Point c Clause 2, Clause 5 Article 11; Point c Clause 3, Points b,
dd and e Clause 5 Article 12; Point e Clause 3, Points a and b Clause 4 Article
13; Points a, b, c and dd Clause 1, Points c, d and e Clause 2 Article 15;
Point a Clause 3 Article 16; Point a Clause 4, Point c Clause 6 and Point a
Clause 7 Article 18; Point dd Clause 2, Clause 4 Article 19; Clause 3 Article
21; Clause 2, Clause 3, Points b, c, d, dd and e Clause 5 Article 23; Point c
Clause 4 Article 26; Clause 2, Points b and d Clause 4, Points a and d Clause 5
Article 28; Clause 4 Article 32; Point c Clause 5 Article 34; Point a Clause 2
Article 50; Point a Clause 4 Article 51; Clause 1 Article 52 and Clause 1
Article 53 of this Decree, the competent person who is handling the case shall
transfer the case file to a criminal proceeding authority for criminal
prosecution in accordance with Clauses 1, 2 and 4 Article 62 of the Law on
Handling of Administrative Violations.
In case
the criminal proceeding authority issues a decision to not initiate criminal
prosecution; a decision to cancel the decision on criminal charge; a decision
to suspend criminal investigation; a decision to suspend the case; or a
decision to cancel the decision on criminal charge and return the case file,
the case file shall be transferred to the person having the power to impose
administrative penalties specified in Clause 3 Article 62 and Article 63 of the
Law on Handling of Administrative Violations for imposition of administrative
penalties in accordance with this Decree.
Chapter
II
ADMINISTRATIVE
VIOLATIONS, PENALTIES AND REMEDIAL MEASURES
Section
1. ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON SOCIAL SAFETY, ORDER AND
SECURITY
Article
7. Violations against regulations on public order
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a)
Disrupting order at a place with ongoing art performance, sports activities,
commerce, office buildings, residential areas or other public places, except
the cases specified in Point a Clause 2 and Point b Clause 5 of this Article;
b)
Allowing domestic animals to run off-leash in an urban area or public area;
c)
Allowing domestic animals, plants or other items to occupy the road surface,
sidewalk, public park, playground, urban area or public area in a residential
area or urban area;
d)
Unintentionally causing injuries or bodily harm to another person but not
liable to criminal prosecution;
dd)
Throwing or putting any other item on the perimeter walls and adjacent areas of
the protected area;
e)
Raising, grazing livestock and poultry in an apartment building
2.
A fine ranging from 1.000.000
VND to 2.000.000 VND shall be imposed for any of the following violations:
a) Using
alcohol or stimulants in a manner that disrupts public order;
b)
Assembling, joining a crowd in a public area in a manner that disrupts public
order;
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d)
Flying kites, balloons, playing other flying toys in an area where they are
banned or in a protected area;
dd)
Using an unmanned aerial vehicle (UAV) or an ultralight aircraft without a
flight license, or organizing flights before having the license or after having
been registered but the permitted time, location, area, coordinates and limits
are not adhered to;
e)
Obstructing, harassing another person during handling, transport, storage of
luggage at a market, wharf, bus station, airport, port, train station or
another public area;
g)
Lighting and launching sky lanterns;
h)
Failure to have adequate documents while operating an UAV or ultralight
aircraft;
i)
Organizing flights of an UAV or ultralight aircraft while the operator has not
fulfilled flight requirements;
k)
Organizing flights of an UAV or ultralight aircraft while the UAV or ultralight
aircraft is not flight-qualified;
l)
Spraying paint, writing, drawing, sticking images or text on a wall, utility
pole or another place in a residential area, public area, apartment building, a
citizen's residence or another construction work without permission of a
competent authority.
3.
A fine ranging from 2.000.000
VND to 3.000.000 VND shall be imposed for any of the following violations:
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b)
Organizing, hiring, enticing, tempting another person to cause injuries or
bodily harms, or to insult or humiliate another person but not liable to
criminal prosecution;
c)
Providing false information for a competent authority or organization;
d)
Calling 111, 113, 114, 115 or a hotline number of an organization for the
purpose of harassment, threatening or insulting;
dd)
Manufacturing, storing, transporting sky lanterns;
e)
Designing, manufacturing, repairing, maintaining, testing UAVs or ultralight
aircrafts, engines, propellers and parts thereof without adequate legal
documents issued by or registered with competent authorities as per
regulations;
g)
Designing, manufacturing, repairing, maintaining, testing UAVs or ultralight
aircrafts, engines, propellers and parts thereof without maintaining
fulfillment of personnel requirements under the license issued by a competent
authority;
h)
Designing, manufacturing, repairing, maintaining, testing UAVs or ultralight
aircrafts, engines, propellers and parts thereof without adequate equipment,
tools, workshop, area under the license issued by a competent authority;
i)
Designing, manufacturing, repairing, maintaining, testing UAVs or ultralight
aircrafts, engines, propellers and parts thereof without compliance with
regulations of law on security, safety and environment.
4.
A fine ranging from 3.000.000
VND to 5.000.000 VND shall be imposed for any of the following violations:
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b)
Carrying, storing, hiding cold weapons, combat gears or other items that can
cause injuries; items, vehicles for the purpose of disrupting public order or
causing injuries to another person;
c)
Taking advantage of democracy, freedom of religion and belief to organize,
hire, entice, tempt another person to infringe upon interests of the State, or
lawful rights and interests of another organization or individual;
d) Disrupting
or obstructing normal operation of an organization;
dd)
Gathering, joining crowds illegally at Communist Party agency, State agency or
an area where crowds are banned.
e)
Dumping, throwing wastes, dirty matters, chemicals, debris or other objects into
a house, residence; at a person, item or property of another person; into the
premises of an organization, workplace, factory, business organization,
protected area or guard post thereof;
g)
Entering a protected area or guard post thereof without permission;
h) Using
an UAV or ultralight aircraft to fly a flag, banner, drop fliers or play audio
propaganda against the flight permit;
i)
Writing, spreading, circulating documents or images that are meant to slander
another organization or individual, except the case specified in Clause 1
Article 101 of the Government’s Decree No. 15/2020/ND-CP.
5.
A fine ranging from 5.000.000
VND to 8.000.000 VND shall be imposed for any of the following violations:
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b)
Disrupting public order while carrying cold weapons, combat gears or other
items that can cause injuries;
c)
Filming, photographing, charting an restricted area that is relevant to defense
and security;
d)
Molestation of a person under 16 but not liable to criminal prosecution;
dd)
Molestation, sexual harassment;
e)
Engaging in sexual acts in public;
g)
Perform designing, manufacturing, repairing, maintaining, testing UAVs or
ultralight aircrafts, engines, propellers and parts thereof against the
categories or quality specified in the license issued by a competent authority;
h) Using
UAVs and ultralight aircrafts to launch, drop harmful or dangerous objects or
substances without permission.
6.
A fine ranging from 6.000.000
VND to 8.000.000 VND shall be imposed for using UAVs and ultralight aircrafts
to perform aerial photography or videography without permission.
7.
A fine ranging from 8.000.000
VND to 10.000.000 VND shall be imposed for operating UAVs and ultralight
aircrafts against the license issued by a competent authority.
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9.
A fine ranging from
15.000.000 VND to 20.000.000 VND shall be imposed for designing, manufacturing,
repairing, maintaining, testing UAVs or ultralight aircrafts, engines,
propellers and parts without a license issued by a competent authority.
10.
A fine ranging from
20.000.000 VND to 30.000.000 VND shall be imposed for operating UAVs and
ultralight aircrafts without a license issued by a competent authority.
11.
A fine ranging from
30.000.000 VND to 40.000.000 VND shall be imposed for operating a UAV and
ultralight aircraft obstructing or endangering other aircrafts.
12.
Hygiene-related offences
shall be handled in accordance with the Government’s Decree on administrative
penalties for environmental protection-related offences and relevant
legislative documents.
13.
Additional penalties:
a)
Confiscation of the exhibits and means of administrative violations for the
violations specified in Points a, d, dd and g Clause 2; Points dd Clause 3;
Points b, e and I Clause 4; Points a, b and c Clause 5; Clauses 6 and 10 of
this Article;
b) 3 - 6
months suspension of the license for designing, manufacturing, repairing,
maintaining, testing UAVs or ultralight aircrafts, engines, propellers and
parts thereof in case of violations specified in Point h and Point I Clause 3
and Clause 9 of this Article ;
c) 3 – 6
months suspension of the flight license in case of violations specified in
Clauses 6, 7, 8 and 11 of this Article;
d)
Expulsion of foreigners committing the violations specified in Points c, e and
g Clause 4 of this Article.
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a)
Mandatory restoration of original condition in case of violations specified in
Point c Clause 1; Point l Clause 2 and Point e Clause 4 of this Article;
b)
Mandatory rectification of false or confusing information in case of violations
specified in Point a Clause 3; Point I Clause 4 of this Article;
c)
Mandatory public apology in case of violations specified in Point a Clause 3,
Points d and dd Clause 5 of this Article, unless it is relinquished in writing
by the victim;
d)
Mandatory environmental recovery in case of violations specified in Point h
Clause 5 of this Article;
dd)
Mandatory payment of the entire medical examination and treatment cost in case
of violations specified in Point d Clause 1, Point c Clause 2, Point b Clause 3
and Point a Clause 5 of this Article.
Article
8. Violations against regulations on public serenity
1.
A warning or a fine ranging
from 500.000 VND to 1.000.000 VND shall be imposed for any of the following
violations:
a)
Making loud noises in a residential area or public area during 10 p.m – 6 a.m;
b)
Failure to comply with regulations on maintaining serenity in health
facilities, sanitariums, schools or other places with such regulations;
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2.
A fine ranging from 1.000.000
VND to 2.000.000 VND shall be imposed for using loudspeakers, gongs, drums,
horns or other devices to make loud noises in public without permission of
competent authorities.
3.
Additional penalty:
Confiscation
of the exhibits and means of administrative violations in case of violations
specified in Clauses 2 of this Article.
Article
9. Violations against regulations on residence management and registration
1.
A fine ranging from 500.000
VND to 1.000.000 VND shall be imposed for any of the following violations:
a)
Failure to comply with regulations on registration of permanent residence and
temporary residence, cancellation of permanent residence and temporary residence,
household division or revision of residence in of in Residence Database;
b)
Failure to comply with regulations on notification of residence and temporary
absence;
c)
Failure to present the family register, temporary residence register, residence
certification, other residence documents at the request of a competent
authority.
2.
A fine ranging from 1.000.000
VND to 2.000.000 VND shall be imposed for any of the following violations:
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b)
Buying, selling, leasing out the family register, temporary residence register,
residence certification, other residence documents for commission of illegal
acts;
c) Borrowing,
lending or using the family register, temporary residence register, residence
certification, other residence documents for commission of illegal acts;
d)
Residing in a new lawful residence without completing procedures for change of
residence despite eligibility therefor;
dd)
Operating a lodging establishment, tenement, treatment facility, tourist
accommodation or any other lodging facility without notifying the accommodation
of 1 - 3 guests;
e)
Enticing, tempting, persuading, brokering, forcing another person to violate
residence laws;
g)
Pledging the family register, temporary residence register, residence
documentation or receiving them as pledge;
h)
Destroying the family register, temporary residence register, residence
documentation.
3.
A fine ranging from 2.000.000
VND to 4.000.000 VND shall be imposed for any of the following violations:
a)
Allowing another person to join the residence for personal gain;
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c)
Obstructing a citizen from exercising his/her freedom of residence.
d)
Giving, brokering, receiving bribes in residence registration and management.
4.
A fine ranging from 4.000.000
VND to 6.000.000 VND shall be imposed for any of the following violations:
a)
Providing false information, documents about residence for the purpose of
registration of permanent residence, temporary residence, declaring residence
information, issuance of other residence document or performing other illegal
acts;
b)
Making, using forged documents or data about residence for the purpose of
registration of permanent residence, temporary residence, declaring residence
information, issuance of other residence document or performing other illegal
acts;
c)
Making, using a forged family register or temporary residence register for the
purpose of registration of permanent residence, temporary residence, declaring
residence information, issuance of other residence document or performing other
illegal acts;
d)
Operating a lodging establishment, tenement, treatment facility, tourist
accommodation or any other lodging facility without notifying the accommodation
of 09 guests or more;
dd)
Failure to have an adequate number of people keeping fire watches as prescribed
by law;
e)
Obstructing, resisting residence or lodging inspection by competent authority.
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Confiscation
of the exhibits and means of administrative violations in case of violations
specified in Points a and h Clause 2, Points b and Clause 4 of this Article.
6.
Remedial measure:
Mandatory
return of the illegal profits earned from commission of the administrative
violations specified in Points b and g Clause 2 and Point a Clause 3 of this
Article.
Article
10. Violations against regulations on issuance, management, use of ID cards and
citizen identity cards
1.
A warning or a fine ranging
from 300.000 VND to 500.000 VND shall be imposed for any of the following
violations:
a)
Failure to present the ID card or citizen identity card or ID number
certificate at the request of a competent person;
b)
Failure to comply with regulations of law on issuance, replacement, reissuance
of the citizen identity card;
c)
Failure to return the ID card or citizen identity card to the competent
authority upon renunciation, loss of the Vietnamese nationality or cancellation
of the decision to grant the Vietnamese nationality; failure to return the ID
card or citizen identity card to the authority that executes the detention
order, sentences including imprisonment, compulsory education in a reform
school, correctional institution or rehabilitation center.
2.
A fine ranging from 1.000.000
VND to 2.000.000 VND shall be imposed for any of the following violations:
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b)
Erasing, chancing or otherwise falsifying the ID card or citizen identity card
or ID number certificate;
c)
Destroying, deliberating damaging the ID card or citizen identity card or ID
number certificate;
3.
A fine ranging from 2.000.000
VND to 4.000.000 VND shall be imposed for any of the following violations:
a)
Making, using forged documents or data in order to be granted an ID card or
citizen identity card or ID number certificate;
b)
Providing false information or documents in order to be granted an ID card or
citizen identity card or ID number certificate.
4.
A fine ranging from 4.000.000
VND to 6.000.000 VND shall be imposed for any of the following violations:
a)
Forging the ID card or citizen identity card or ID number certificate; but not
liable to criminal prosecution;
b) Using
a forged ID card or citizen identity card or ID number certificate;
c) Pledging
the ID card or citizen identity card or ID number certificate, or receiving
them as pledge;
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dd)
Borrowing, lending the ID card or citizen identity card or ID number
certificate for commission of illegal acts.
5.
Additional penalty:
Confiscation
of the exhibits and means of administrative violations for the violations
specified Points b and c Clause 2, Point a Clause 3, points a, b, c and d
Clause 4 of this Article.
6.
Remedial measures:
a)
Mandatory return of the ID card or citizen identity card or ID number
certificate in case of violations specified in Point a Clause 2 and Point dd
Clause 4 of this Article;
b)
Mandatory return of the illegal profits earned from commission of the
administrative violations specified in Points a, c, d and dd Clause 4 of this
Article.
Article
11. Violations against regulations on management and use of weapons, explosive
materials, explosive precursors, combat gears, fireworks, firecrackers, and
dangerous banned toys
1.
A fine ranging from 1.000.000
VND to 2.000.000 VND shall be imposed for any of the following violations:
a)
Failure to implement or promptly and fully implement regulations on periodic
inspection of weapons and combat gears issued;
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c)
Violating regulations on preservation of weapons and combat gears;
d) Using
or allowing children to use dangerous banned toys;
dd)
Circulating expired licenses, confirmations, certificates, qualifications
relevant to management and use of weapons, combat gears, fireworks and
firecrackers.
2.
A fine ranging from 2.000.000
VND to 5.000.000 VND shall be imposed for any of the following violations:
a)
Destroying, deliberately damaging weapons or combat gears issued;
dd)
Appropriating, exchanging, buying, selling, giving away, borrowing, lending,
renting, leasing, pledging licenses, confirmations, certificates,
qualifications relevant to weapons, combat gears, fireworks and firecrackers,
or receiving them as pledge;
c)
Forging licenses, confirmations, certificates, qualifications relevant to
weapons, combat gears, fireworks and firecrackers;
d)
Concealing, assisting or failure to report illegal fabrication, production,
carry, purchase, sale, repair, export, import, storage, transport, use or
destruction of weapons, combat gears, fireworks and firecrackers;
dd)
Losing licenses, confirmations, certificates, qualifications relevant to
weapons, combat gears, fireworks and firecrackers;
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g)
Assigning weapons or combat gears to unqualified persons as prescribed by law;
h) Assigning
an unqualified person to manage the warehouse or depot where weapons and combat
gears are stored;
i)
Failure to prepare a place for storage of weapons and combat gears as
prescribed by law;
k)
Deliberately providing incorrect information about management of weapons and
combat gears; failure to report or timely report, concealing or falsifying
information about loss, accidents, incidents relevant to weapons, explosive
materials, explosive precursors, combat gears, fireworks and firecrackers;
dd) Failure
to present, surrender licenses, confirmations, certificates, qualifications
relevant to weapons, explosive materials, combat gears as prescribed by law;
m)
Carrying a weapon or combat gear without a certificate, license or confirmation
of registration;
n)
Giving explosive fireworks, pyrotechnic compositions to an unqualified
organization or individual as prescribed by law;
o)
Erasing, falsifying licenses, confirmations, certificates, qualifications
relevant to weapons, combat gears, fireworks and firecrackers.
3.
A fine ranging from 5.000.000
VND to 10.000.000 VND shall be imposed for any of the following violations:
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b)
Transporting or destroying weapons, explosive materials, explosive precursors
or combat gears without ensuring safety or affecting the environment but not
liable to criminal prosecution;
c)
Failure to carry out testing, inspection, assessment and registration as
prescribed by regulations of law on management of product quality before
initiation production, sale, use of weapons or combat gears in Vietnam;
d)
Illegal storage, transport of junk and scrap of weapons and combat gears;
dd)
Transport, storage of dangerous banned toys;
e)
Selling explosive precursors to an organization or enterprise that has not been
granted the certificate of security and order, certificate of eligibility to
manufacture industrial explosives, license for sale of explosive precursors or
written approval issued by a competent authority;
g)
Losing provided cold weapons or combat gears;
h) Using
weapons or combat gears without a license;
i)
Illegal use of firecrackers, fireworks or pyrotechnic compositions;
k)
Manufacturing, providing, storing, transporting, repairing weapons or combat
gears with a license but failing to comply with regulations of law.
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a)
Illegally manufacturing, providing, storing, transporting, repairing cold
weapons or combat gears; parts or assemblies of weapons or combat gears, or
explosive components;
b)
Appropriating cold weapons or combat gears; parts or assemblies of weapons or
combat gears, or explosive components;
c)
Illegally manufacturing, storing, transporting, using weapons that have similar
functions to hunting guns, cold weapons, sporting weapons or parts, assemblies
for manufacture of weapons or combat gears with similar functions;
d)
Manufacturing, providing, storing, transporting, repairing, using appropriating
hunting guns, parts or assemblies thereof;
dd)
Illegally excavating, searching, collecting weapons, explosive materials,
combat gears, wastes or scraps thereof;
e)
Illegally transporting, storing firecrackers, fireworks, pyrotechnic
compositions, materials or components for production thereof;
g)
Losing military or sporting weapons;
h)
Illegally sawing, cutting or otherwise defusing bombs, mines, bullets,
grenades, explosives, naval mines, torpedoes and other weapons;
g)
Illegally instructing, training, organizing training in fabrication,
production, repair or use of weapons and combat gears in any shape or form.
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a)
Illegally manufacturing, providing, storing, transporting, repairing, using
military or sporting weapons;
b)
Appropriating military or sporting weapons;
c)
Illegally bringing weapons, combat gears, firecrackers or fireworks into or out
of the territory of the Socialist Republic of Vietnam, into a prohibited area
or protected area.
6.
Administrative violations
against regulations on management of explosive materials, explosive precursors,
production, sale of firecrackers shall be handled in accordance with the
Government’s Decree on administrative violations against regulations on
chemicals and industrial explosives, Decree on administrative violations
against regulations on trade, production, sale of counterfeit, banned goods and
protection of consumers, and relevant legislative documents.
7.
Additional penalties:
a)
Confiscation of the exhibits and means of administrative violations for the
violations specified in Points d and dd Clause 1, Points a, b, c, e and g
Clause 2; Points a, c, d, dd, e, h, i and k Clause 3; Points a, b, c, d, dd, e,
h and I Clause 4 and Clause 5 of this Article;
b) 3 – 6
months suspension of the license for use, certificate of registration of weapon
or combat gear in case of violations specified in Point e Clause 2 of this
Article;
c) 9 -
12 months suspension of the license, certificate of weapon, combat gear or
fireworks in case of violations specified in Point a Clause 2, Points b and k
Clause 3 of this Article.
8.
Remedial measures:
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b)
Mandatory return of the illegal profits earned from commission of the
administrative violations specified in Points b and c Clause 2; Points a, b, c,
d, dd, e and k Clause 3; Points a, c, d, e and I Clause 4 and Point a Clause 5
of this Article;
c)
Mandatory return of the license, certificate of weapon, combat gear or
fireworks in case of violations specified in Point o Clause 2 of this Article;
Article
12. Violations against regulations on management of business lines subject to
security and order conditions
1.
A fine ranging from 1.000.000
VND to 2.000.000 VND shall be imposed for any of the following violations:
a)
Untimely, untruthful, inadequate quarterly reports on implementation of
regulations on security and order according to regulations of the Ministry of
Public Security;
b)
Incorrect or inadequate business records according to regulations of the
Ministry of Public Security;
c)
Failure to send a notice and a copy of the certificate of security and order to
the police department of the commune where the business is located within 05
days from the inauguration date;
d)
Failure to send a notice to the police authority that issued the certificate of
security and order and the police department of the commune where the business
is located within 10 days from the suspension date;
dd)
Failure to send a notice to the police authority that issued the certificate of
security and order within 03 working days from the day on which the loss of the
certificate is discovered;
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g)
Failure to issue or publicize the procedures for receiving applications for
production of seals and prices thereof at the seal production facility;
h)
Failure to present the original certificate of security and order at the
request of a competent police authority.
2.
A fine ranging from 2.000.000
VND to 5.000.000 VND shall be imposed for any of the following violations:
a)
Failure to submit quarterly reports on implementation of regulations on
security and order to the police authority that issued the certificate of
security and order;
b)
Failure to submit ad hoc reports on security and order-related incidents that
occur at the business establishment to the police authority that issued the
certificate of security and order and the police department of the commune
where the business establishment is located;
c)
Failure to keep a log of business operation that is suitable for the business
lines as prescribed by law;
d)
Failure to develop a plan for assurance of security and order in the business
lines that such a plan is required by law;
dd)
Failure to have a warehouse or an adequate warehouse for storage of materials,
goods, products for sale;
e)
Hiring unqualified people to work in business establishments subject to
security and order conditions as prescribed by law;
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h)
Failure to retain copies of ID papers of mortgagor as prescribed by law;
i)
Providing paintball gun services for customers under 18 years;
k)
Failure to have a health worker on duty at the paintball gun area, who will
handle accidents that occur during these activities;
l)
Failure to inspect and retain copies of ID papers of plastic surgery clients as
prescribed by law;
m)
Failure to fully follow procedures for inspection and retention of information
of guests and their visitors as prescribed by law;
n)
Failure to send a notice to the police authority that issued the certificate of
security and order within 03 working days from the day on which the person in
charge of security and order of the business establishment is changed.
3.
A fine ranging from 5.000.000
VND to 10.000.000 VND shall be imposed for any of the following violations:
a)
Failure to maintain fulfillment of security and order conditions throughout
business operation;
b)
Including false information in documents in order to obtain the certificate of
security and order;
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d)
Falsifying the certificate of security and order or certificate of security
guard training;
dd)
Lending, leasing out, selling, buying the certificate of security and order;
e) Doing
business at a location other than that specified in the certificate of security
and order;
g)
Giving the seal to the customer without transferring it to a competent police
authority for registration as prescribed by law;
h)
Providing the seal design of a organization to unauthorized persons;
i)
Receive collateral without making a mortgage contract as prescribed by law;
k)
Receive collateral without retention of the pledged property or original copy
of the certificate of ownership of the pledged property at the business
establishment throughout the mortgage period if such certificate of ownership
is required by law;
l)
Receiving collateral that is owned by another person without valid
authorization of the owner to the mortgagor;
m)
Selling or providing emergency signaling devices for entities that do not have
the license to use these devices or entities whose licenses are not suitable
for these devices;
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o)
Employing a foreigner or a Vietnamese national who resides overseas as the
person in charge of security and order of the private security company or to
directly operate the business or as a private security guard;
p)
Failure to provide or provide proper clothing and signs for private security
guards as prescribed by law;
q)
Providing security services without signing contracts with clients;
r)
Buying or selling mobile signal jammers to an organization or individual that
has not obtain a license or written approval from a competent authority;
s)
Failure to hire or hire an adequate number of security guards who are employees
of the private security company during operation of a night club, an
establishment providing electronic prize-winning games for foreigners, or a
casino as prescribed by law;
t)
Hiring a private security guard who has not obtained the certificate of security
guard training.
4.
A fine ranging from
10.000.000 VND to 20.000.000 VND shall be imposed for any of the following
violations:
a)
Operating in a business line subject to security and order conditions without
the certificate of security and order or during suspension thereof;
b)
Irresponsibility that leads to threats to security and order, violations of
law, acts that are contrary to fine traditions and ethics at the business
establishment directly under their management;
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d)
Running a pawn business with the interest rate exceeds that specified in the
Civil Code;
dd)
Failure to apply for registration of the business line subject to security and
order conditions that involves grant of secured loans with interest rate
exceeds that specified in the Civil Code;
e)
Failure to preserve the pledged property or preserving pledged property at a
location other than that registered with the competent authority;
g)
Providing security guard services for illegal subjects, targets or activities;
h)
Failure to include sufficient information about the customers in the logbook
and failure to retain copies of ID papers of customers of the casino or
establishment providing electronic prize-winning games for foreigners;
i)
Buying, selling, importing goods, products that are military clothing or
military equipment without retention of adequate documents as prescribed by
law;
k) Selling
or providing military clothing or military equipment for subjects have not
obtain a license or written approval from a competent authority.
5.
A fine ranging from
20.000.000 VND to 40.000.000 VND shall be imposed for any of the following
violations:
a)
Taking advantage of the business line subject to security and order conditions
to commit acts that are contrary to fine traditions and ethics;
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c)
Providing security services using violence or threat to use violence for the
purpose of threatening, obstructing normal operation of an organization or
individual, or infringe upon lawful rights and interests of an organization or
individual;
d) Using
violence, threatening to use violence or using other illegal methods to collect
debts;
dd)
Forging the certificate of security and order or certificate of security guard
training;
e) Using
a forged certificate of security and order or certificate of security guard
training,
6.
Additional penalties:
c) 3 - 6
months suspension of the license, practicing certificate, certificate of
security and order in case of violations specified in Point e Clause 3 and
Points c, e and g Clause 4 of this Article;
b) 6 – 9
months suspension of the license, practicing certificate, certificate of
security and order in case of violations specified in Points h and q Clause 3;
Point d Clause 4 and Clause 5 of this Article;
c)
Suspension of operation for 06 – 09 months in case of violations specified in
Point q Clause 3; Point a Clause 4 of this Article;
d)
Confiscation of the exhibits and means of administrative violations in case of
violations specified Points b, c, h, m, n and r Clause 3; Points c and k Clause
4, and Points b, dd and e Clause 5 of this Article;
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7.
Remedial measures:
a)
Mandatory return of the illegal profits earned from commission of the
administrative violations specified in Points dd, i, k, l, m, n and r Clause 3;
Points d, dd and k Clause 4 and Point b Clause 5 of this Article;
b)
Mandatory return of the certificate of security and order or certificate of
security guard training in case of violations specified in Point d Clause 3 of
this Article.
Article
13. Violations against regulations on management and use of seals
1.
A fine ranging from 500.000
VND to 1.000.000 VND shall be imposed for any of the following violations:
a)
Failure to apply for reissuance of the certificate of seal registration after
its loss;
b)
Failure to apply for reissuance of the certificate of seal registration after
it is lost;
c)
Failure to notify the relevant organization of the seal design before use;
d) Failure
to issue internal regulations on management and use of the organization's own
seal.
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a)
Removing the seal from the organization without permission of a state official
or the head of the organization;
b)
Failure to re-register the seal design as prescribed by law;
c)
Failure to submit to seal inspection; failure to present the seal, the
certificate of seal registration upon request for inspection of the seal
registration authority;
d)
Failure to send a written notice to the authority that issued the certificate
of seal registration and the police authority of the commune where the seal is
lost within 02 working days from the day on which the loss of the seal is
discovered;
3.
A fine ranging from 3.000.000
VND to 5.000.000 VND shall be imposed for any of the following violations:
a)
Failure to turn the seal in under the decision of a competent authority or the
seal registration authority;
b)
Appending the seal to a document that does not have the signature of the
competent person or has the seal of an unauthorized person;
c)
Borrowing, lending, giving lease, taking lease, pledging, buying, selling the
seal, illegally destroying the seal; using the seal of another organization for
operation;
d) Using
an expired seal;
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e)
Forging the certificate of seal registration;
g) Using
an seal without registration;
h)
Failure to return the seal and the certificate of seal registration upon
issuance of the a competent authority's decision on division, merger or
consolidation, or revocation of the certificate of business registration or
operation license, or business suspension or termination; or upon receipt of a
competent authority's request for of the seal as prescribed by law;
i)
Erasing, falsifying the certificate of seal registration.
4.
A fine ranging from 5.000.000
VND to 10.000.000 VND shall be imposed for any of the following violations:
a)
Forging documents to make an additional seal of an organization or state
official;
b)
Forging a seal or using a fake seal;
c)
Appropriating, illegaling trading seals;
d)
Illegally destroying seals.
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a)
Confiscation of the exhibits and means of administrative violations in case of
violations specified in Points c, e and g Clause 3 and Points a and b Clause 4
of this Article;
b)
Expulsion of foreigners committing the violations specified in Clauses 3 and 4
of this Article.
6.
Remedial measures:
a)
Mandatory return of the seal, the certificate of seal registration in case of
violations specified in Point b Clause 2; Points a, d and dd Clause 3 and Point
c Clause 4 of this Article;
b)
Mandatory destruction of documents that are illegally sealed in case of
violations specified in Point b Clause 3 of this Article;
c)
Mandatory return of the illegal profits earned from commission of the
administrative violations specified in Point c Clause 3 and Point c Clause 4 of
this Article;
d)
Mandatory return of the certificate of seal registration in case of violations
specified in Point I Clause 3 of this Article.
Article
14. Violations against regulations on criminal sentence execution and
implementation of administrative measures
1.
A warning or a fine ranging
from 500.000 VND to 1.000.000 VND shall be imposed for any of the following
violations:
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b)
Violations against regulations on implementation of administrative measures
including compulsory education in the commune, compulsory admission to a reform
school, correctional institution or rehabilitation center.
2.
A fine ranging from 1.000.000
VND to 2.000.000 VND shall be imposed for any of the following violations:
a)
Violations against regulations on implementation of preventive measures,
enforcement measures: emergency detention, arrest, detention or custody, bail,
prohibition from leaving residence, suspension from exit, escort, transport,
distraint of property, freezing of accounts or commission of violations that
lead to other preventive measures, enforcement measures as prescribed by law;
b) Violations
against regulations on implementation of detention or custody measures;
violations against regulations on execution of penalties including fines,
confiscation of property, deportation.
3.
A fine ranging from 2.000.000
VND to 3.000.000 VND shall be imposed for any of the following violations:
a) The
person who is granted deferral of imprisonment sentence fails to be present
when being summoned by a criminal sentence execution authority or the People’s
Committee of the commune;
b) The
person who is granted deferral of imprisonment sentence fails to facilitate the
transfer from the detention center, the district-level criminal sentence
execution authority to the People’s Committee of the commune;
c) The
person who is granted deferral of imprisonment sentence fails to report at the
request of the People’s Committee of the commune;
d) The
person who is given a suspended sentence fails to be present when being
summoned by the sentence execution authority or the People’s Committee of the
commune;
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e) The
person who is given a suspended sentence fails to be present at the
disciplinary meeting; fails to report the serving of the sentence;
g) The
person who is serving a community sentence fails to be present when being
summoned by the sentence execution authority or People’s Committee of the
commune;
h) The
person who is serving a community sentence fails to serve the sentence;
i) The
person who is serving a community sentence fails to report the serving of the
sentence;
k) The
person who is serving a community sentence fails to be present at the
disciplinary meeting;
l) The
person who is serving a community sentence fails to turn in part of the
deductible income;
m) The
person who is serving a community sentence fails to do certain works serving
the local community under the decision of the criminal sentence execution
authority;
n) The
person who is under mandatory supervision fails to fulfill his/her obligations
as prescribed by law;
o) The
person who is under mandatory supervision fails to be present at the request of
the criminal sentence execution authority or the People’s Committee of the
commune in which he/she is being supervised without acceptable explanation;
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q) The
person who is under mandatory supervision fails to be present and report to the
People’s Committee of the commune as prescribed by law;
r) The
person who is incurring prohibition from residence fails to be present at the
request of the People’s Committee of the commune;
s) The
person who is incurring prohibition from residence fails to make a commitment
to serve the sentence;
t) The
person who is given conditional parole fails to be present at the People’s
Committee of the commune after the parole is given;
u) The
person who is given conditional parole fails to make a commitment to fulfill
his obligations;
v) The
person who is given conditional parole fails to be present at the request of
the criminal sentence execution authority or People’s Committee of the commune;
x) The
person who is given conditional parole fails to attend the disciplinary
meeting;
y) The
person who is given conditional parole fails to report as prescribed by law.
4.
A fine ranging from 3.000.000
VND to 4.000.000 VND shall be imposed for any of the following violations:
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b) The
person who is granted deferral of imprisonment sentence fails to be present at
criminal sentence execution authority after the expiration of the postponement
duration or at the request of the competent authorities.
c) The
person who is granted deferral of imprisonment sentence fails to be present at
a place where he/she will serve the sentence before the deferral or at criminal
sentence execution authority after the expiration of the deferral duration or
at the request of the competent authorities.
d) The
person who is sentenced to prison while on bail with decision on execute
criminal judgments fails to be present at criminal sentence execution authority
within the prescribed time limit.
dd) The
person who is given a suspended sentence leaves his/her residence without
permission or the consent of the People's Committee of the commune or fails to
be present at his/her resident longer than the length of time he/she is allowed
to be absent;
e) The
person who is given a suspended sentence changes his/her place of residence
without the consent of the competent authorities;
g) The
person who is under mandatory supervision leaves the place of mandatory
supervision without the consent of the competent persons or over the time
he/she is allowed to leave without reasonable reasons;
h) The
person who is given conditional parole fails to abide by management of the
People's Committee of the commune;
i) The
person who is given conditional parole leaves his/her residence without
permission or the consent of the People's Committee of the commune or fails to
be present at his/her resident longer than the length of time he/she is allowed
to be absent;
k) The
person who is given conditional parole changes his/her place of residence
without the consent of the competent authorities;
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m) The
person who is serving a community sentence leaves his/her residence without
permission or the consent of the People's Committee of the commune or fails to
be present at his/her resident longer than the length of time he/she is allowed
to be absent;
n) The
person who is serving a community sentence changes his/her place of residence
without the consent of the competent authorities;
o) The
person subject to the sentence of deprivation of certain civil rights exercises
the prohibited rights according to the judgment;
p) The
person who serves the sentence of prohibition from holding certain positions,
practicing certain professions or performing certain jobs fails to perform
his/her obligations as prescribed by law;
q) The
person who is given conditional parole fails to perform his/her obligations
during the probation period;
Article
15. Violations against regulations on causing damage to property of other
organizations or individuals
1.
A fine of from VND 2.000.000
to VND 3.000.000 shall be imposed for any of the following violations:
a)
Stealing property, intruding into residential areas, warehouses or other places
under the management of another person for the purpose of theft or appropriation
of property
b)
Blatantly appropriating property;
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d)
Taking a loan, borrowing, leasing property of another person or receiving
property of another person under a contract and then fails to repay loan or return
property and uses it for illegal purposes which result in the offender's
inability to repay the loan or return the property
dd)
Negligence that results in damage to property of the State, authorities,
organizations and enterprises.
2.
A fine of from VND 3.000.000
to VND 5.000.000 shall be imposed for any of the following violations:
a)
Destroying or deliberately damaging property of organizations or individuals,
except for violations mentioned in Point b Clause 3 Article 21 of this
Decree;”.
b) Using
deception or creating circumstances to force another person into giving money
or property;
c)
Cheating or defrauding in brokerage, instruction or introduction of services of
trading of house and land or other property;
d)
Buying, selling, concealing, or using property of another person despite
knowing that the assets were illegally obtained;
dd)
Using, buying, selling, mortgaging, illegally pledging or impounding property
of another person;
e)
Extorting property without bringing criminal prosecution
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a)
Confiscate the exhibits and means used for committing administrative violations
specified in Points a,b,c and d Clauses 1 and Points a,b,c and dd Clause 2 of
this Article.
b) Expel
foreigners committing the administrative violations specified in Clauses 1 and
2 of this Article.
4.
Remedial measures:
a)
Enforced return of benefits illegally obtained from the commission of the
violation in Points c, d and dd Clause 2 of this Article;”.
b)
Mandatory return of the illegally appropriated property in case of commission
of the violations in Points dd and e Clause 2 of this Decree."
c)
Mandatory restoration of original condition in case of administrative
violations specified in Point a Clause 2 of this Article.".
Article
16. Violations against regulations on tontine
1.
A fine of from VND 2.000.000
to VND 5.000.000 shall be imposed for any of the following violations:
a)
Failing to notify members of the new place of residence which any member
changes.;
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c)
Failing to make written agreements on tontine or make written agreements
without the main contents as prescribed by law;
d)
Falling to open tontine books;
dd)
Failing to hand over the annuities to the annuity-receiving members at each
tontine opening.
e)
Failing to let members see and copy the tontine book and supply information
related to the tontine upon request.
g)
Failing to issue a receipt for a member when contributing or receiving annuity
shares or interests or conduct other relevant transactions
2.
A fine of from VND 5.000.000
to VND 10.000.000 shall be imposed for any of the following violations:
a)
Failing to notify the local People’s Committee of commune in writing of
organization of a tontine group. The value of annuity shares of which at a
tontine opening is at least VND 100 million;
b)
Failing to notify the local People’s Committee of commune in writing of
organization of at least two tontine groups.
3.
A fine of from VND 10.000.000
to VND 20.000.000 shall be imposed for any of the following violations:
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b)
Organizing tontine to mobilize illegal fund.
4.
Remedial measure:
Enforced
return of benefits illegally obtained from the commission of the violation in
Clause 3 of this Article;”.
Article
17. Violations against regulations on protection for public works or security
and order works.
1.
A fine of from VND 500.000 to
VND 1.000.000 shall be imposed for shifting signals, instruction signs,
signboards of agencies and organizations without permission.
2.
A fine of from VND 1.000.000
to VND 2.000.000 shall be imposed for any of the following violations:
a)
Arbitrarily shifting and dismantling column of telephone, telegraph, lamp-post and
fence of state agencies or other public works;
b)
Dismantling, demolishing or doing anything else that may damage the signals,
instruction signs, signboards of agencies and organizations.
c)
Destroying property and kind at a protected area or guard post thereof;
climbing or performing other acts that impact on the gate, door, fence of a
protected area or guard post thereof without permission.
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a)
Confiscate the exhibits and means used for committing administrative violations
specified in Clauses 1 and 2 of this Article.
b) Expel
foreigners committing the administrative violations specified in Clause 2 of
this Article.
4.
Remedial measure:
Mandatory
restoration of original condition in case of administrative violations
specified in Clauses 1 and 2 of this Article.".
Article
18. Violations against regulations on exit, entry, transit, residence and
travel
1.
A warning or a fine ranging
from VND 300.000 to VND 500.000 shall be imposed upon a foreigner for traveling
within the territory of Vietnam without bearing passport, laissez-passer,
international travel document, document issued to a foreigner entering, leaving
or residing in Vietnam or ABTC card.
2.
A fine of from VND 500.000 to
VND 2.000.000 shall be imposed for any of the following violations:
a)
Failing to notify competent authorities of loss or damage of passport,
laissez-passer, international travel document, document issued to a foreigner
entering, leaving or residing in Vietnam or ABTC card;
b)
Intentionally providing false information to be issued, extended or restored or
false information relating to loss of passport or laissez-passer; intentionally
providing false information to be issued with international travel document,
document issued to a foreigner entering, leaving or residing in Vietnam or ABTC
card;
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d)
Failing to present passport, laissez-passer, international travel document,
document issued to a foreigner entering, leaving or residing in Vietnam or ABTC
card at the request of competent authorities or officials of Vietnam; failing
to comply with the request of a competent authority or official of Vietnam for
frisking of people or vehicles, or inspection of articles or places where the
exhibits and instrumentalities of an administrative violation are hidden;
dd) A
foreigner still uses certificate of temporary residence, approval of temporary
residence extension or temporary resident card or fails to apply for
replacement of permanent residence card for residing in Vietnam without
obtaining permission from a competent authority when one of these documents has
been expired for less than 16 days.
3.
A fine of from VND 3.000.000
to VND 5.000.000 shall be imposed for any of the following violations:
a)
Crossing national borders without following immigration procedures as
prescribed by law;
b)
Destroying, erasing, deleting, altering or falsifying format or contents of
passport, laissez-passer, international travel document, document issued to a
foreigner entering, leaving or residing in Vietnam or ABTC card;
c)
Gifting, giving, hiring, leasing, pawning or receiving passport,
laissez-passer, international travel document, document issued to a foreigner
entering, leaving or residing in Vietnam or ABTC card as collateral;
d)
Letting another person use one’s passport, laissez-passer, international travel
document, document issued to a foreigner entering, leaving or residing in
Vietnam or ABTC card for performing illegal acts;
dd)
Using another person’s passport, laissez-passer, international travel document,
document issued to a foreigner entering, leaving or residing in Vietnam or ABTC
card for entering, exiting, transiting, residing or performing other acts of
violation;
e) A
foreigner still uses certificate of temporary residence, approval of temporary
residence extension or temporary resident card or fails to apply for
replacement of permanent residence card for residing in Vietnam without
obtaining permission from a competent authority when one of these documents has
been expired for from 16 days to less than 30 days;
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h) A
tourist accommodation establishment that is a hotel fails to make internet
connection or connect their computer network with the immigration division
affiliated to the relevant provincial department of public security for
transmitting information about foreigners’ declaration of temporary residence;
i) An
accommodation establishment fails to make declaration of temporary residence or
update information about temporary residence when providing overnight
accommodation for foreigners; a foreigner fails to provide information or
provides false information for the accommodation establishment when making
declaration of temporary residence as prescribed by law.
4.
A fine of from VND 5.000.000
to VND 10.000.000 shall be imposed for any of the following violations:
a) Using
a fake passport, laissez-passer, international travel document, document issued
to a foreigner entering, leaving or residing in Vietnam or ABTC card;
b) A
foreigner still uses certificate of temporary residence, approval of temporary
residence extension or temporary resident card or fails to apply for
replacement of permanent residence card for residing in Vietnam without
obtaining permission from a competent authority when one of these documents has
been expired for from 30 days to less than 60 days.
5.
A fine of from VND 10.000.000
to VND 15.000.000 shall be imposed for any of the following violations:
a) A
foreigner enters, works or performs other activities in Vietnam without
obtaining permission from a competent authority of Vietnam;
b) A
foreigner still uses certificate of temporary residence, approval of temporary
residence extension or temporary resident card or fails to apply for
replacement of permanent residence card without obtaining permission from a
competent authority when one of these documents has been expired for from 60
days to less than 90 days;
c)
Buying or selling passports, laissez-passers, international travel documents,
documents issued to foreigners entering, leaving or residing in Vietnam or ABTC
cards.
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a)
Following procedures for inviting or sponsoring a foreigner for entry, exit or
residence in Vietnam without fulfilling responsibilities as prescribed by law,
or providing false information when following such procedures;
b) A
foreigner fails to use his/her visa, temporary resident card or approval of
temporary residence extension for the stated purpose or program;
c)
Forging documents to be issued with passport, laissez-passer, international
travel document, document issued to a foreigner entering, leaving or residing
in Vietnam or ABTC card;
d) A
foreigner still uses certificate of temporary residence, approval of temporary
residence extension or temporary resident card or fails to apply for
replacement of permanent residence card without obtaining permission from a
competent authority when one of these documents has been expired for 90 days or
more;
dd) An
agency or organization that uses or employs foreigners fails to follow
procedures for inviting or sponsoring them to apply for issuance of visa or
temporary resident card, unless these documents can be repurposed as prescribed
by law.
7.
A fine of from VND 30.000.000
to VND 40.000.000 shall be imposed for any of the following violations:
a)
Forging passports, laissez-passers, international travel documents, documents
issued to foreigners entering, leaving or residing in Vietnam or ABTC cards;
b)
Entering or staying at an embassy, consulate, diplomatic mission, consular
mission or international authority or organization located in Vietnam without
their permission;
c) A
foreigner resides in a prohibited area;
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dd)
Organizing, arranging, assisting, inciting, concealing, harboring or enabling
others to illegally enter and stay in foreign countries or enter and stay in
Vietnam or illegally cross national borders.
a) A
foreigner fails to comply with a decision issued by a competent authority to
force him/her to leave Vietnam and continues staying in Vietnam;
8.
Additional penalties:
a)
Confiscation of the exhibits and means of administrative violations in case of
violations specified in Points b, c, d Clause 3; Point a Clause 4; Point a
Clause 5; Point c Clause 6; Points a, d Clause 7 of this Article;
b)
Expulsion of foreigners who commit the violations specified in Clauses 1
through 7 of this Article.
9.
Remedial measure:
Mandatory
return of the illegal profits earned from commission of the administrative
violations specified in Point c Clause 3 and Points a and c Clause 5 of this
Article.
Article
19. Violations against regulations on protection for classified information
1.
A fine of from VND 1.000.000
to VND 3.000.000 shall be imposed for any of the following violations:
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b)
Copying, keeping, transporting, giving or receiving classified documents or
items in contravention of law;
c)
Failing to withdraw classified documents or items according to regulations of
the law;
d)
Bringing classified documents or items out of the place of storage of the
classified documents or items serving works without permission of competent
persons;
dd)
Failing to hand over classified documents and items in case of resignation, job
transfer, retirement or failure to be assigned to continue to manage classified
information;
e)
Failing to use classified information for the stated purposes;
g)
Failing to determine classified information for the documents that do not
contain classified information; mark classification level on the documents that
do not contain classified information in accordance with the law;
h)
Determining the classification level in an inexact manner according to
regulations of the Law.
i)
Failing to determine or mark the classification level according to regulations
of the Law.
2.
A fine of from VND 3.000.000
to VND 5.000.000 shall be imposed for any of the following violations:
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b)
Flailing to carry out measures for prevention and remedial measures in case of
disclosure or loss of classified information
c)
Failing to notify the competent state agencies or persons in case of disclosure
or loss of classified information;
d)
Failing to remove classified information when changing intended purpose of use
of computers and other devices used for drafting, keeping and exchanging
classified information;
dd)
Failing to destroy classified documents or items in accordance with regulations
of the law;
3.
A fine of from VND 5.000.000
to VND 10.000.000 shall be imposed for any of the following violations:
a)
Failing to draft and keep classified documents on computers or other devices
that have been connected to the Internet, computer networks or
telecommunications networks in accordance with the Law;
b) Using
devices that are capable of receiving, transmitting signals, recording audio or
video or other forms in conferences, seminars or meetings with classified
information without permission of competent persons;
c)
Misjudging or destroying classified documents or items;
d)
Failing to provide or transfer classified information in accordance with
regulations of the law;
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4.
A fine of from VND 20.000.000
to VND 30.000.000 shall be imposed for any of the following violations:
a)
Disclosing classified information; losing classified documents or items, but
not to the extent of being prosecuted for penal liability;
b)
Failing to post or spread classified documents on the mass media, the Internet,
computer networks and telecommunications networks in accordance with
regulations of the Law;
c)
Failing to transmit classified documents on the mass media, telecommunications
networks in accordance with regulations of the Law;
5.
Additional penalty:
Confiscate
the exhibits and means used for committing administrative violations specified
in Points b, did Clauses 3 of this Article.
6.
Remedial measures:
a)
Enforced return of classified documents or items in case of the violations
specified in Points b,d,dd Clause 1, Point a Clause 2, point d Clauses 3 of
this Article;
b)
Enforced withdrawal of classified documents or items in case of the violations
specified in Point c Clause 1 of this Article;
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d)
Enforced restoration of original condition in case of administrative violations
specified in Point c Clause 3 of this Article.".
Article
20. Violations against regulations on management, use of uniform, insignia,
badge, identification number, police ID card or other papers that are exclusive
to the People's Public Security force
1.
A fine of from VND 500.000 to
VND 1.500.000 shall be imposed for Illegal possession and use of uniform,
insignia, badge, identification number, police ID card or other papers that are
exclusive to the People's Public Security force
2.
A fine of from VND 5.000.000
to VND 10.000.000 shall be imposed for Illegal trading and change of uniform,
insignia, badge, identification number, police ID card or other papers that are
exclusive to the People's Public Security force
3.
A fine of from VND 10.000.000
to VND 30.000.000 shall be imposed for Illegal production or fabrication of
uniform, insignia, badge, identification number, police ID card or other papers
that are exclusive to the People's Public Security force
4.
Additional penalties:
a)
Confiscate the exhibits and means used for committing administrative violations
specified in Clauses 1, 2 and 3 of this Article.
b) Expel
foreigners committing the administrative violations specified in Clauses 1, 2
and 3 of this Article.
5.
Remedial measure:
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Article
21. Acts of obstructing or resisting inspection, examination and control of
on-duty officers or giving bribes to on-duty officers
1.
A fine of from VND 1.000.000
to VND 4.000.000 shall be imposed for brokering, assisting organizations or
individuals committing the violation to evade their responsibilities in
inspection, examination and control of on-duty officers
2.
A fine of from VND 4.000.000
to VND 6.000.000 shall be imposed for any of the following violations:
a)
Obstructing or failing to comply with the requirements for inspection,
examination and control or other duties of on-duty officers according to regulations
of the Law;
b)
Having words or actions threatening, abusive, insulting the honor and dignity
of the on-duty officers;
c)
Organizing, enticing, assisting, tempting another person not to comply with the
requirements for inspection, examination and control of the on-duty officers;
3.
A fine of from VND 6.000.000
to VND 8.000.000 shall be imposed for any of the following violations:
a) Using
force or threatening to use force against the on-duty officers;
b)
Causing damage to property and/or facilities of the state agencies or the
on-duty officers;
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4.
Remedial measure:
a)
Mandatory public apology in case of commission of the violation in Point b
Clause 2 of this Decree.".
Article
22. Violations against regulations on creation, management and use of the
national database on population, database on residence, database on citizen
identity
1.
A fine of from VND 2.000.000
to VND 4.000.000 shall be imposed for deliberately failing to provide,
inadequately providing, falsifying information, papers or documents serving
creation, collection, updating, management and use of the national database on
population, database on residence, database on citizen identity.
2.
A fine of from VND 4.000.000
to VND 6.000.000 shall be imposed for any of the following violations:
a)
Falsifying books, documents, data, papers and information about citizens in the
national database on population, database on residence, database on citizen
identity
b)
Extracting or using database, information about citizens in the national
database on population, database on residence, database on citizen identity
without the consent of the holders of the database;
c)
Obstructing, preventing or interrupting the transmission, provision and receipt
of the national database on population, database on residence, database on
citizen identity.
3.
A fine of from VND 10.000.000
to VND 20.000.000 shall be imposed for any of the following violations:
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a)
Deliberately disclosing secret information about citizens in the national
database on population, database on residence, database on citizen identity;
4.
A fine of from VND 30.000.000
to VND 40.000.000 shall be imposed for any of the following violations:
a)
Illegally accessing, changing, deleting, spreading information in the national
database on population, database on residence, database on citizen identity;
b)
Destroying technical infrastructure, transmission lines and pages and equipment
serving the normal operation of the agency that manage national database on
population.
5.
Additional penalty:
Confiscate
the exhibits and means used for committing administrative violations specified
in Point a Clauses 3 and 4 of this Article.
6.
Remedial measure:
Enforced
return of benefits illegally obtained from the commission of the violation in
prescribed Clauses 2, 3 and 4 of this Article;
Section
2. ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON PREVENTION AND COMBAT
AGAINST SOCIAL VICES
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1.
A warning or a fine ranging
from 1.000.000 VND to 2.000.000 VND shall be imposed for illegal use of
narcotic substances.
2.
A fine of from VND 2.000.000
to VND 5.000.000 shall be imposed for any of the following violations:
a)
Illegally possessing, transporting or appropriating narcotic substances without
bringing criminal prosecution
b)
Possessing, transporting, trading or appropriating precursors used in illegal
manufacturing of narcotic substances;
c)
Manufacturing, possession, transport, trading of instruments and equipment used
in illegal manufacturing or use of narcotic substances.
3.
A fine of from VND 5.000.000
to VND 10.000.000 shall be imposed for growing opium poppy plants, coca plants,
cannabis plants, khat plants other plants containing narcotic substances.
4.
A fine of from VND 10.000.000
to VND 20.000.000 shall be imposed for any of the following violations:
a) A
head, a legal representative, a person assigned to manage the service business
establishment, a manager of vehicle(s) or another person who is responsible for
the management of restaurant(s), tourist accommodation establishment(s),
club(s), karaoke business, discotheque, video game business and vehicle(s)
allow illegal possession, trade and use of narcotic substances to occur in the
area(s) and vehicle(s) under their management;
b)
Brokering, assisting or other acts that help another person to illegally use
narcotic substances.
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a)
Providing premises, instruments for another person to illegally use, possess,
trade narcotic substances.
b)
Violations against regulations on export, import, temporary import, re-export,
temporary export, re-import or transit through Vietnam’s territory narcotic
substances, narcotic drug, psychotropic drug and precursors;
c)
Violations against regulations on research, analysis, test, manufacturing,
preservation or storage of narcotic substances and/or precursors;
d)
Violations against regulations on delivery, possession, transport of narcotic
substances, narcotic drug, psychotropic drug and precursors;
dd)
Violations against regulations on distribution, trading, use, exchange of
narcotic substances, narcotic drug, psychotropic drug and precursors;
e)
Violations against regulations on management, control, storage of narcotic
substances, narcotic drug, psychotropic drug and precursors in the border
checkpoint area or at sea;
g)
Carrying out narcotic substance rehabilitation that exceeds the scope of
operation stated in licenses to operate voluntary rehabilitation centers
6.
A fine of from VND 40.000.000
to VND 50.000.000 shall be imposed for leasing out, lending, transferring or
using the license to operate voluntary rehabilitation center for other
purposes.
7.
A fine of from VND 50.000.000
to VND 75.000.000 shall be imposed for organization of voluntary rehabilitation
without registration or operating license.
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a)
Confiscate the exhibits and means used for committing administrative violations
specified in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article.
b)
Suspend the license, practicing certificate, certificate of security and order
from 06 to 12 months in case of violations specified in Point a Clauses 4 and 6
of this Article;
c)
Suspend operation for 03 - 06 months in case of commission of the violation
specified in points b and g Clauses 5 of this Article;
d) Expel
foreigners committing the administrative violations specified in Clauses 1, 2,
3, 4, 5, 6 and 7 of this Article.
9.
Remedial measure:
Enforced
return of benefits illegally obtained from the commission of the violation in
Clause 6 of this Article;”.
Article
24. Sex buying;
1.
A fine of from VND 1.000.000
to VND 2.000.000 shall be imposed for buying sex:
2.
A fine of from VND 2.000.000
to VND 5.000.000 shall be imposed for buying sex in case the offence involves
more than one person at the same time.
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Confiscate
the exhibits and means used for committing administrative violations specified
in Clauses 1 and 2 of this Article.
Article
25. Sex selling;
1.
A warning or a fine ranging
from 300.000 VND to 500.000 VND shall be imposed for selling sex.
2.
A fine of from VND 1.000.000
to VND 2.000.000 shall be imposed for selling sex in case the offence involves
more than one person at the same time.
3.
Additional penalties:
a)
Confiscate the exhibits and means used for committing administrative violations
specified in Clauses 1 and 2 of this Article.
b) Expel
foreigners committing the administrative violations specified in Clauses 1 and
2 of this Article.
4.
Remedial measure:
Enforced
return of benefits illegally obtained from the commission of the violation in
prescribed Clauses 1 and 2 of this Article;
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1.
A warning or a fine ranging
from 300.000 VND to 500.000 VND shall be imposed for prostitution or engaging
in sexual acts.
2.
A fine of from VND 5.000.000
to VND 10.000.000 shall be imposed for concealment, protection for
prostitution.
3.
A fine of from VND 10.000.000
to VND 20.000.000 shall be imposed for assisting, enticing, tempting, forcing or
another person to buy or sell sex:
4.
A fine of from VND 30.000.000
to VND 50.000.000 shall be imposed for any of the following violations:
a) Using
force or threatening to use force to protect or maintain prostitution;
b)
Contributing money and property to prostitution;
c)
Procuring
5.
“2. A fine of from VND
50.000.000 to VND 75.000.000 shall be imposed for one of acts that abuse
positions, powers, dignity to protect or maintain prostitution.
6.
Remedial measure:
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Article
27. Abusing the business and services for prostitution activities;
1.
A fine ranging from
20.000.000 VND to 30.000.000 VND shall be imposed for prostitution or sexual
activities as the business methods.
2.
A fine ranging from
30.000.000 VND to 40.000.000 VND shall be imposed for a head, a legal
representative, a person assigned to manage the service and business
establishment(s) who allows prostitution or sexual acts to happen in the
area(s) under their management
3.
Additional penalties:
a)
Suspend the certificate of security and order from 06 to 12 months in case of
violations specified in Point a Clauses 1 and 2 of this Article;
b) Expel
foreigners committing the administrative violations specified in Clauses 1 and
2 of this Article.
4.
Remedial measure:
Enforced
return of benefits illegally obtained from the commission of the violation in
Clause 1 of this Article;”.
Article
28. Illegal gambling;
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2.
A fine of from VND 1.000.000
to VND 2.000.000 shall be imposed for any of the following violations:
a)
Illegally gambling with one of the forms such as “xoc dia”, “ta la”, “to tom”,
“tu lo kho”, “tam cuc”, “3 cay”, “tu sac”, “do den”, “co the”, “binh an do 6
la”, “binh xap xam 13 la”, “tien len 13 la”, “da ga”, “tai xiu” or other forms
which are lost or won in cash, property or in kind;
b)
Gambling with machine or illegal electronic games;
c)
Illegally betting in sports competition, entertainment or other activities.
3.
A fine of from VND 2.000.000
to VND 5.000.000 shall be imposed for any of the following violations:
a)
Illegally receiving deposit, pawn or loan at casinos or other gambling places;
b)
Selling illegal lottery number, lottery sheet or printed matters used for
playing illegal lottery; handing them over to another person to receive
commissions;
c)
Assisting, concealing the illegal gambling;
d)
Protecting illegal casinos or other gambling places;
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4.
A fine of from VND 5.000.000
to VND 10.000.000 shall be imposed for one of the acts of gambling organization
as follows:
a)
Enticing, inciting or gathering people for illegal gambling;
b) Using
home or accommodation or other means and locations to organize the gambling;
c)
Illegally placing gambling or electronic game machine;
d)
Organizing illegal betting activities;
5.
A fine of from VND 10.000.000
to VND 20.000.000 shall be imposed for one of acts of organizing the illegal
lottery as follows:
a) As a
banker;
b)
Organizing the production and distribution of illegal lottery sheets or other
printed matters used for illegal lottery playing;
c)
Organizing network for sales of illegal lottery;
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6.
Additional penalties:
a)
Confiscate the exhibits and means used for committing administrative violations
specified in Clause 1, Clause 2; Points a and b Clause 3 and Points b,c and dd
Clauses 4 and 5 of this Article;
b)
Suspend operation for 06 - 12 months in case of commission of the violation
specified in point d Clause 3 of this Article;
c) Expel
foreigners committing the administrative violations specified in Clauses 1, 2,
3, 4 and 5 of this Article.
7.
Remedial measure:
Enforced
return of benefits illegally obtained from the commission of the violation in
Clause 1, Clause 2 or Points a and b Clause 3; points b, c and d Clauses 4 and
5 of this Article;”.
Section
3. ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON FIRE PREVENTION AND
FIREFIGHTING; RESCUE
Article
29. Violations against regulations on promulgation, dissemination and
implementation of rules and regulations, signs, warning signs, diagrams,
direction signs related to fire prevention, firefighting and rescue
1.
A warning or a fine ranging
from 100.000 VND to 300.000 VND shall be imposed for any of the following
violations:
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b)
Putting up rules and regulations, signs, warning signs, diagrams, direction
signs about fire prevention, firefighting and rescue where they are not visible
or do not work as intended;
c)
Putting up signs, warning signs, direction signs related to fire prevention,
firefighting and rescue against regulations.
2.
A fine ranging from 300.000
VND to 500.000 VND shall be imposed for any of the following violations:
a) Failure
to put signs, warning signs, diagrams, direction signs about fire prevention
and firefighting; warning signs in dangerous areas as prescribed by law;
b)
Failure to comply with rules and regulations on fire prevention, firefighting
and rescue of the competent person or competent authority;
c)
Failure to disseminate rules and regulations on fire prevention, firefighting
and rescue among people under management;
d)
Promulgating rules and regulations on fire prevention, firefighting and rescue
with inadequate contents or with contents that are not appropriate for the
operation of the facility.
3.
A fine ranging from 1.000.000
VND to 3.000.000 VND shall be imposed for failure to putting up rules and
regulations on fire prevention, firefighting and rescue.
4.
A fine ranging from 3.000.000
VND to 5.000.000 VND shall be imposed for failure to have rules and regulations
on fire prevention, firefighting and rescue or having rules and regulations on
fire prevention, firefighting and rescue that contradict legislative documents
of the State
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1.
A fine ranging from 300.000
VND to 500.000 VND shall be imposed for failure to implement or punctually
implement fire safety and rescue requirements that are imposed by a competent
authority in writing.
2.
A fine ranging from 3.000.000
VND to 5.000.000 VND shall be imposed for any of the following violations:
a) Failure
to organize implementation of documents with instructions on fire prevention,
firefighting and rescue of the competent authority;
b)
Failure to implement documents with requirements for fire prevention,
firefighting and rescue of the competent authority;
c)
Failure to present documents serving inspection of fire safety and rescue
requirements;
d)
Failure to assign persons with responsibility to work with the inspecting
persons after having received the notice of inspection of fire safety and rescue
requirements;
dd)
Failure to carry out self-inspection of fire safety and rescue requirements as
prescribed by law;
e)
Failure to send the report on inspection of fire safety as prescribed by law.
3.
A fine ranging from
15.000.000 VND to 25.000.000 VND shall be imposed for failure to implement the
decision on suspension of operation as prescribed by regulations of law on fire
prevention and firefighting.
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Article
31. Violations against regulations on documents for management and monitoring
of fire prevention, firefighting and rescue activities
1.
A fine ranging from 300.000
VND to 500.000 VND shall be imposed for any of the following violations:
a)
Failure to have adequate documents for management and monitoring of fire
prevention, firefighting and rescue activities as prescribed by law;
b)
Failure to update and supplement documents for management and monitoring of
fire prevention, firefighting and rescue activities.
2.
A fine ranging from 3.000.000
VND to 5.000.000 VND shall be imposed for failure to prepare documents for
management and monitoring of fire prevention, firefighting and rescue
activities.
Article
32. Violations against regulations on documents for management, preservation
and use of substances/goods with fire hazards/explosion hazards
1.
A warning or a fine ranging
from 100.000 VND to 300.000 VND shall be imposed for failure to have documents
for management and monitoring of substances/goods with fire hazards/explosion
hazards.
2.
A fine ranging from 1.000.000
VND to 3.000.000 VND shall be imposed for storing, placing, arranging substances/goods
with fire hazards/explosion hazards in inappropriate places or exceeding the
capacity or without maintaining safety distance or without sorting them by
categories as prescribed by law.
3.
A fine ranging from 3.000.000
VND to 5.000.000 VND shall be imposed for using containers of substances/goods
with fire hazards/explosion hazards that do not have the certificate of
inspection or do not satisfy fire safety requirements.
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5.
A fine ranging from
30.000.000 VND to 40.000.000 VND shall be imposed for bringing substances/goods
with fire hazards/explosion hazards to a crowded area.
6.
A fine ranging from 40.000.000
VND to 50.000.000 VND shall be imposed for illegal use of substances/goods with
fire hazards/explosion hazards.
7.
Additional penalties:
a)
Confiscation of the exhibits and means of administrative violations in case of
violations specified in Clauses 3, 4, 5 and 6 of this Article;
b)
Expulsion of foreigners committing the violations specified in Clauses 4, 5 and
6 of this Article.
8.
Remedial measure:
Mandatory
storage, placement, arrangement, reduction of quantity of substances/goods with
fire hazards/explosion hazards in case of violations specified in Clause 2 of
this Article.
Article
33. Violations against regulations on fire prevention and firefighting during
manufacture and sale of substances/goods with fire hazards/explosion hazards
1.
A fine ranging from 1.000.000
VND to 3.000.000 VND shall be imposed for any of the following violations:
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b)
Failure to install anti-static devices or systems or installing unfit
anti-static devices or systems.
2.
A fine ranging from 8.000.000
VND to 15.000.000 VND shall be imposed for any of the following violations:
a)
Failure to install devices for detecting and responding to leakage of
substances/goods with fire hazards/explosion hazards;
b)
Failure to have a plan for response to broken reservoices or pipelines
containing substances/goods with fire hazards/explosion hazards.
3.
A fine ranging from
15.000.000 VND to 25.000.000 VND shall be imposed for any of the following
violations:
a)
Manufacturing, selling, packaging, filling substances/goods with fire
hazards/explosion hazards without a license;
b)
Packaging, filling substances/goods with fire hazards/explosion hazards at
inappropriate location; packaging, filling substances/goods with fire
hazards/explosion hazards into containers that are not appropriate for these
substances/goods.
4.
A fine ranging from
30.000.000 VND to 40.000.000 VND shall be imposed for manufacturing, selling
banned substances/goods with fire hazards/explosion hazards.
5.
Additional penalties:
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b)
Suspension of operation for 03 – 06 months in case of violations specified in Point
b Clause 3 and Clause 4 of this Article.
6.
Remedial measures:
a)
Mandatory ventilation in case of violations specified in Point a Clause 1 of
this Article;
b)
Mandatory installation of anti-static devices or systems in case of violations
specified in Point b Clause 1 of this Article;
c)
Mandatory installation of devices for detecting and responding to leakage of
substances/goods with fire hazards/explosion hazards in case of violations
specified in Point a Clause 2 of this Article.
Article
34. Violations against regulations on transport of goods with fire
hazards/explosion hazards
1.
A warning or a fine ranging
from 100.000 VND to 300.000 VND shall be imposed for failure to remove the fire
hazards/explosion hazards symbol from the vehicle after the goods with fire
hazards/explosion hazards have been removed from the vehicle.
2.
A fine ranging from 1.000.000
VND to 3.000.000 VND shall be imposed for any of the following violations:
a)
Arranging goods with fire hazards/explosion hazards on the vehicle against
regulations of law;
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3.
A fine ranging from 3.000.000
VND to 5.000.000 VND shall be imposed for any of the following violations:
a)
Failure to maintain fulfillment of fire safety requirements during the
transport of the goods with fire hazards/explosion hazards on the vehicle;
b)
Transporting other goods and the goods with fire hazards/explosion hazards on
the same vehicle without permission by a competent authority;
c)
Carrying unauthorized persons on the vehicle transporting goods with fire
hazards/explosion hazards;
d)
Losing the license for transporting goods with fire hazards/explosion hazards
without notifying a competent authority.
4.
A fine ranging from 5.000.000
VND to 10.000.000 VND shall be imposed for failure putting up fire
hazards/explosion hazards symbole on the vehicle.
5.
A fine ranging from
10.000.000 VND to 15.000.000 VND shall be imposed for any of the following
violations:
a) Transporting
goods with fire hazards/explosion hazards exceeding the maximum permissible
quantity/weight or transporting wrong categories of goods;
b)
Transporting goods with fire hazards/explosion without the license to transport
goods with fire hazards/explosion hazards;
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d)
Falsifying the license to transport goods with fire hazards/explosion hazards;
dd)
Failure to ensure fire safety or failure to comply with instructions of the
person in charge while unloading, pumping, moving goods with fire
hazards/explosion hazards from the vehicle;
e)
Failure to have or maintain fire safety measures for the devices or pipelines
for transporting flammable/explosive gases/liquids;
g)
Unloading, pumping, moving goods with fire hazards/explosion hazards at a
location that do not satisfy fire safety requirements;
h)
Unloading, pumping moving goods with fire hazards/explosion hazards to another
vehicle during the trip without permission by a competent authority.
6.
Additional penalty:
Confiscation
of the exhibits and means of administrative violations in case of violations
specified in Points b, c, and d Clauses 5 of this Article.
7.
Remedial measures:
a)
Mandatory reduction of quantity, volume, categories of the goods with fire
hazards/explosion hazards in case of violations specified in Point a Clause 5
of this Article;
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c)
Mandatory return of the license to transport goods with fire hazards/explosion
hazards in case of violations specified in Point d Clause 5 of this Article.
Article
35. Violations against regulations on fire prevention and firefighting during
management, use of sources of fire/heat, fire-/heat-generating devices or
electronic devices
1.
A warning or fine of from
100.000 VND to 300.000 VND shall be imposed for bringing matches, lighters, cellphones,
sources of fire/heat, fire-/heat-generating devices to areas where they are
banned.
2.
A fine ranging from 300.000
VND to 500.000 VND shall be imposed for use of sources of fire/heat,
fire-/heat-generating devices without maintaining a fire safety distance
according to regulations of law.
3.
A fine ranging from 3.000.000
VND to 5.000.000 VND shall be imposed for use of sources of fire/heat,
fire-/heat-generating devices, electric devices or electronic devices in areas
where they are banned.
4.
A fine ranging from
10.000.000 VND to 15.000.000 VND shall be imposed for welding, cutting metals
without implementing fire safety measures as prescribed by law.
Article
36. Violations against regulations on fire prevention and firefighting during
installation, management and use of electricity
1.
A fine ranging from 2.000.000
VND to 5.000.000 VND shall be imposed for any of the following violations:
a)
Changing the design or fundamental specifications of an electricity system or
electric device without permission by a competent authority;
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2.
A fine ranging from 5.000.000
VND to 10.000.000 VND shall be imposed for any of the following violations:
a) Using
electric devices without satisfying explosion proof requirements in an
environment with fire hazards/explosion hazards;
b)
Failure to have or maintain a backup power source for the fire prevention and
firefighting system and relevant technical systems as prescribed by law.
3.
A fine ranging from
15.000.000 VND to 25.000.000 VND shall be imposed for failure to install
electric devices or systems serving fire prevention, firefighting and rescue as
prescribed by law.
4.
Remedial measure:
Mandatory
installation of electric devices or systems serving fire prevention,
firefighting and rescue in case of violations specified in Clause 3 of this
Article.
Article
37. Violations against regulations on fire safety during installation,
inspection and maintenance of lightning protection system
1.
A warning or fine of from
100.000 VND to 300.000 VND shall be imposed for failure to have documents for
monitoring the lightning protection system as prescribed by law.
2.
A fine ranging from 300.000
VND to 500.000 VND shall be imposed for failure to carry out periodic
inspection of the lightning protection system as prescribed by law.
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4.
A fine ranging from
10.000.000 VND to 15.000.000 VND shall be imposed for installing a lightning
protection system that fails to satisfy lighting protection requirements.
5.
A fine ranging from
10.000.000 VND to 25.000.000 VND shall be imposed for failure to install a
lightning protection system in a house or building in which a lightning
protection system is mandatory as prescribed by law.
6.
Remedial measures:
a)
Mandatory rectification of error or repair of damage in case of violations
specified in Clause 3 of this Article;
b)
Mandatory installation of a conformable lightning protection system in case of
violations specified in Clause 4 and Clause 5 of this Article.
Article
38. Violations against regulations on fire prevention and firefighting in
investment and construction
1.
A fine ranging from 1.000.000
VND to 3.000.000 VND shall be imposed for failure to have measures and instruments
for assurance of fire safety during the construction process as prescribed by
law.
2.
A fine ranging from 8.000.000
VND to 15.000.000 VND shall be imposed for any of the following violations:
a)
Executing construction against the fire safety designed approved by a competent
authority;
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c) Falsifying the certificate of approval or the document
approving the commissioning result or other documents relevant to fire
prevention and firefighting commissioning issued by competent authorities.
3.
A fine ranging from
15.000.000 VND to 25.000.000 VND shall be imposed for any of the following
violations:
a)
Executing construction of a work subject to fire safety appraisal before having
the fire safety design certificate or approval document;
b)
Manufacturing motor vehicles subject to fire safety appraisal before having the
fire safety design certificate or approval document.
4.
A fine ranging from
30.000.000 VND to 50.000.000 VND shall be imposed for putting into operation a
work, work item or motor vehicle before having the fire safety commissioning
document.
5.
A fine ranging from
40.000.000 VND to 50.000.000 VND shall be imposed for putting into operation a
work, work item or motor vehicle before having the fire safety design
certificate or approval document.
6.
Remedial measures:
a)
Mandatory fire safety appraisal in case of violations specified in Point b
Clause 2 and Clause 3 of this Article;
b)
Mandatory fire safety commissioning in case of violations specified in Clause 4
of this Article;
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d)
Mandatory return of the certificate of fire safety approval or commissioning in
case of violations specified in Point c Clause 2 of this Article.
Article
39. Violations against regulations on fire safety and fire separation distance
1.
A fine ranging from 1.000.000
VND to 2.000.000 VND shall be imposed for any of the following violations:
a)
Placing, arranging supplies or goods without maintaining fire safety and fire
separation distance as prescribed by law;
b)
Failure to organize industrial cleaning which causes fire hazards/explosion
hazards in the environment.
2.
A fine ranging from 3.000.000
VND to 5.000.000 VND shall be imposed for installing fire-rated walls,
partitions, doors and other fire separation solutions that do not satisfy
requirements as prescribed by law.
3.
A fine ranging from 5.000.000
VND to 10.000.000 VND shall be imposed for building ceilings, floors,
partitions, roofs or placing flammable materials where they are not allowed.
4.
A fine ranging from
15.000.000 VND to 25.000.000 VND shall be imposed for any of the following
violations:
a)
Failure to clean flammable materials along the corridor of pipelines for
petroleum, gas and petroleum products;
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c)
Building housing, residential works in the forest or along the forest without
maintaining fire safety distance and fire safety corridor as prescribed by law.
5.
A fine ranging from
30.000.000 VND to 50.000.000 VND shall be imposed for any of the following
violations:
a)
Failure to install fire-rated walls, partitions, doors and other fire
separation solutions as prescribed by law;
b)
Failure to maintain fire separation measures as prescribed by law.
6.
Remedial measure:
Mandatory
implementation of fire separation solutions in case of violations specified in
Point b Clause 5 of this Article.
Article
40. Violations against regulations on fire escape
1.
A fine ranging from 500.000
VND to 1.000.000 VND shall be imposed for installing mirrors on the escape
route; installing escape doors that do not swing in the direction of egress.
2.
A fine ranging from 1.000.000
VND to 2.000.000 VND shall be imposed for any of the following violations:
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b) Removing,
damaging or compromising emergency lighting, emergency exit signs, escape plan,
fire safety signs along the escape route;
c)
Failure to install the escape plan, fire safety signs along the escape route;
d)
Failure to inspect and maintain emergency lighting and emergency exit signs;
dd)
Failure to maintain continuous operation of emergency lighting and emergency
exit signs;
3.
A fine ranging from 2.000.000
VND to 5.000.000 VND shall be imposed for any of the following violations:
a)
Failure to install emergency lighting, emergency exit signs along the escape
route; emergency lighting, emergency exit signs do not have enough brightness
or are not installed properly or are not functional as prescribed by law;
b) The
sizes or quantity of escape doors, routes, staircases are inadequate as
prescribed by law.
4.
A fine ranging from 5.000.000
VND to 15.000.000 VND shall be imposed for any of the following violations:
a)
Locking, blocking the escape door;
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5.
A fine ranging from
15.000.000 VND to 25.000.000 VND shall be imposed for compromising the escape
route.
6.
Remedial measure:
Mandatory
restoration of original condition in case of violations specified in Point b
Clause 2; Clauses 4 and 5 of this Article.
Article
41. Violations against regulations on firefighting and rescue plans
1.
A warning or fine of from
100.000 VND to 300.000 VND shall be imposed for failure to manage the
firefighting plan as prescribed by law.
2.
A fine ranging from 1.000.000
VND to 2.000.000 VND shall be imposed for any of the following violations:
a)
Developing a firefighting and rescue plan that has adequate contents as
prescribed by law;
b)
Failure to send the fire drill plan and the report to the supervisory authority
as prescribed by law;
c)
Failure to send copies of the rescue plan to competent authorities.
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a) Using
a firefighting and rescue plan that has not been approved as prescribed by law;
b)
Failure to organize drills of the scenarios in the firefighting plan prescribed
by law;
c)
Failure to appoint persons or provide necessary information and documents about
the development of the firefighting plan as requested by the competent
authority.
4.
A fine ranging from 3.000.000
VND to 5.000.000 VND shall be imposed for any of the following violations:
a)
Failure to develop a firefighting and rescue plan;
b)
Failure to organize periodic or irregular fire and rescue drills as prescribed
by law;
c)
Failure to assign personnel and vehicles under management to participate in the
fire drill when mobilized by the competent person.
Article
42. Violations against regulations on fire and incident/accident alarm
1.
A fine ranging from 1.000.000
VND to 2.000.000 VND shall be imposed for any of the following violations:
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b)
Failure to replace damaged or compromised fire alarm devices as prescribed by
law.
2.
A fine ranging from 4.000.000
VND to 6.000.000 VND shall be imposed for any of the following violations:
a)
Failure to sound the fire alarm or accident alarm, or obstructing the sounding
of fire alarm or incident/accident alarm;
b)
Sounding false fire alarm or incident/accident alarm.
Article
43. Violations against regulations on declaration of fire prevention and
firefighting data and incident communication
1.
A warning or fine of from
100.000 VND to 300.000 VND shall be imposed for failure to incorrectly or
inadequately update the fire prevention and firefighting database as prescribed
by law.
2.
A fine ranging from 500.000
VND to 1.500.000 VND shall be imposed for failure to maintain continuous
operation of the incident communication devices as prescribed by law.
3.
A fine ranging from 3.000.000
VND to 5.000.000 VND shall be imposed for failure to update the fire prevention
and firefighting database as prescribed by law.
4.
A fine ranging from 5.000.000
VND to 10.000.000 VND shall be imposed for failure to incident communication
devices as prescribed by law.
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a)
Mandatory update of the fire prevention and firefighting database in case of
violations specified in Clause 1 and Clause 3 of this Article;
a)
Mandatory maintenance of continuous operation of incident communication devices
in case of violations specified in Clause 2 of this Article.
Article
44. Violations against regulations on provision, storage and use of fire safety
and firefighting equipment
1.
A warning or a fine ranging
from 100.000 VND to 300.000 VND shall be imposed for any of the following
violations:
a)
Visually or physically blocking the access of fire safety and firefighting
equipment;
b) Use
of unfit common firefighting equipment as prescribed by law;
c)
Failure to prepare documents for management of fire safety, firefighting and
rescue equipment.
2.
A fine ranging from 500.000
VND to 1.500.000 VND shall be imposed for any of the following violations:
a)
Failure to periodically inspect and maintain the fire safety and firefighting
equipment and system;
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c)
Failure to have adequate or compatible fire safety and firefighting equipment
as prescribed by law;
d)
Failure to provide common firefighting equipment on motor vehicles as
prescribed by law;
dd)
Losing, damaging or compromising common firefighting equipment, extinguishing
agents, firefighting communication devices.
3.
A fine ranging from 3.000.000
VND to 5.000.000 VND shall be imposed for any of the following violations:
a)
Providing, installing, using fire safety and firefighting equipment that have
not undergone fire prevention and firefighting inspection as prescribed by law;
b)
Providing fire safety and firefighting equipment that is not suitable for the
fire hazards/explosion hazards of the facility as prescribed by law;
c) Use
of firefighting equipment at its post for unintended purposes;
d) Use
of the firefighting water source for unintended purposes or failure to have
adequate reserve of water for firefighting as prescribed by law;
dd)
Moving, relocating fire safety and firefighting equipment against the designed
approved by a competent authority;
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4.
A fine ranging from 5.000.000
VND to 10.000.000 VND shall be imposed for any of the following violations:
a)
Failure to provide common firefighting equipment in houses, buildings or on
motor vehicles that have special fire safety requirements for passenger
transport as prescribed by law;
b)
Losing, damaging or compromising firefighting apparatus, fire alarm or
firefighting system;
c)
Failure to maintain the readiness of the available firefighting apparatus, fire
alarm or firefighting system as prescribed by law;
d)
Falsifying the certificate of inspection of fire safety and firefighting
equipment.
5.
A fine ranging from
15.000.000 VND to 25.000.000 VND shall be imposed for any of the following
violations:
a)
Failure to install the fire alarm and firefighting system as prescribed by law;
b)
Failure to have firefighting apparatus as prescribed by law.
6.
Remedial measures:
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b)
Mandatory return of the certificate of inspection of fire safety and
firefighting equipment in case of violations specified in Point d Clause 4 of
this Article.
Article
45. Violations against regulations on firefighting and rescue
1.
A warning or fine of from
100.000 VND to 300.000 VND shall be imposed for entering the firefighting or
rescue site without permission of a competent person.
2.
A warning or fine of from
300.000 VND to 500.000 VND shall be imposed for failure to promptly rescue
people, property or extinguish fire.
3.
A fine ranging from 2.000.000
VND to 5.000.000 VND shall be imposed for any of the following violations:
a)
Failure to be prepared in terms of forces, vehicles, water sources and other
conditions serving firefighting and rescue as prescribed by law;
b)
Failure to follow orders of the incident commander;
c)
Failure to follow the order to participate in the firefighting or rescue issued
by the competent person;
d)
Failure to have or maintain a firefighting elevator and a fire control station
as prescribed by law.
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a)
Obstructing operation of the firefighting or rescue force or vehicle;
b)
Failure to participate in post-fire recovery activities at the request of the
competent person;
c)
Failure to participate in protection of the incident site as per regulations;
d)
Failure to prepare, maintain roads, parking lot, access for the firefighting
apparatus and force to operate as per regulations.
5.
A fine ranging from
10.000.000 VND to 15.000.000 VND shall be imposed for any of the following
violations:
a)
Failure to organize the escape, rescue of people or firefighting;
b)
Taking advantage of the firefighting or rescue to harm to health or lawful property
of other citizens and the State.
Article 46. Violations
against regulations on dissemination of fire prevention, firefighting and
rescue law and knowledge, provision of training in fire prevention,
firefighting and rescue
1. A warning or fine of from 100.000 VND to 300.000 VND shall
be imposed for damaging fire prevention and firefighting banners, posters,
billboards.
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a) Failure to organize
dissemination of fire prevention, firefighting and rescue law and knowledge as
prescribed by law;
b) Assigning a person who
has not been granted the certificate of training in fire prevention and
firefighting or who has an expired certificate of training in fire prevention
and firefighting to an internal or professional firefighting force, as operator
or attendant on a vehicle for transport of more than 29 passengers or goods
with fire hazards/explosion hazards, or to work in a environment with fire
hazards/explosion hazards or regular contact with goods with fire
hazards/explosion hazards;
c) Employing a person as
a professional rescuer without a certificate of rescue training or with an
expired certificate of rescue training;
d) Organize training in
fire prevention, firefighting and rescue with inadequate contents or time as
prescribed by law.
3. A fine ranging
from 1.500.000 VND to 3.000.000 VND shall be imposed for failure to organize
training in fire prevention, firefighting and rescue.
Article 47. Violations
against regulations on establishment and management of internal and
professional firefighting teams
1. A warning or a fine ranging from 100.000 VND to 300.000 VND
shall be imposed for any of the following violations:
a) Failure to have an
adequate number of people keeping fire watches as prescribed by law;
b) Failure to
proficiently use the fire safety and firefighting equipment available at the
facility.
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3. A fine ranging from 1.000.000 VND to 3.000.000 VND shall be
imposed for any of the following violations:
a) Establishing an
internal or professional firefighting team that does not have an adequate
number of members;
b) Failure to manage or
maintain operation of the internal or professional firefighting team as
prescribed by law;
c) Failure to provide or
adequately provide fire safety and firefighting equipment for the internal or
professional firefighting team as prescribed by law;
d) Failure to assign
people to the internal firefighting team as prescribed by law.
4. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be
imposed for failure to participate in fire prevention and firefighting
activities at the request of the competent person.
5. A fine ranging from 5.000.000 VND to 10.000.000 VND shall
be imposed for failure to establish the internal firefighting team as per
regulations.
6. A fine ranging from 10.000.000 VND to 15.000.000 VND shall
be imposed for failure to establish the professional firefighting team as per
regulations.
Article 48. Violations
against regulations on provision of fire prevention and firefighting services
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2. A fine ranging from 10.000.000 VND to 15.000.000 VND shall
be imposed for any of the following violations:
a) Employing a person who
does not have the practicing certificate for fire prevention and firefighting
to provide fire prevention and firefighting services if such a certificate is
required;
b) Falsifying the
practicing certificate or certificate of eligibility to provide fire prevention
and firefighting services;
c) Failure to return the
certificate of eligibility to provide fire prevention and firefighting services
when no longer providing fire prevention and firefighting services;
d) Failure to maintain
adequate personnel, material facilities, vehicles and equipment for provision
of fire prevention and firefighting services after the certificate of
eligibility to provide fire prevention and firefighting services is granted;
dd) Issuing the
certificate of inspection of fire safety and firefighting equipment to
equipment that is not on the list of equipment of which inspection is permitted
by a competent authority;
e) Issuing the
certificate of inspection of fire safety and firefighting equipment without
following the inspection procedures established by a competent authority.
3. A fine ranging from 15.000.000 VND to 25.000.000 VND shall
be imposed for any of the following violations:
a) Providing fire
prevention and firefighting services before the certificate of eligibility to
provide fire prevention and firefighting services is granted as prescribed by
law;
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c) Issuing the
certificate of inspection without actually carry out the inspection or issuing
a false certificate of inspection.
4. A fine ranging from 30.000.000 VND to 50.000.000 VND shall
be imposed for any of the following violations:
a) Manufacturing, selling
fire safety and firefighting equipment with specifications different from those
specified in the certificate of inspection of fire safety and firefighting
equipment issued by a competent authority;
b) Putting fire safety
and firefighting equipment into circulation without inspection as prescribed by
law.
5. Additional penalty:
Suspension of the
certificate of eligibility to provide fire prevention and firefighting services
for 03 – 06 months in case of violations specified in Point b Clause 3 of this
Article.
6. Remedial measures:
a) Confiscation of the
fire safety and firefighting equipment in case of violations specified in Point
a and Point b Clause 4 of this Article;
b) Revocation of the
certificate of eligibility to provide fire prevention and firefighting services
for 03 – 06 months in case of violations specified in Point c and Point d
Clause 2 of this Article;
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d) Mandatory return of
the practicing certificate or certificate of eligibility to provide fire
prevention and firefighting services in case of violations specified in Point b
Clause 2 of this Article.
Article 49. Violations
against regulations on compulsory fire and explosion insurance
1. A fine ranging from 20.000.000 VND to 30.000.000 VND shall
be imposed for any of the following violations:
a) Buying compulsory fire
and explosion insurance against regulations of law on principles and premiums
of compulsory fire and explosion insurance;
b) Failure to issue the
certificate of compulsory fire and explosion insurance or issuing a certificate
with inadequate contents as prescribed by law.
2. A fine ranging from 30.000.000 VND to 40.000.000 VND shall
be imposed for failure to buy compulsory fire and explosion insurance (for
facilities to which fire and explosion insurance is compulsory).
3. A fine ranging
from 40.000.000 VND to 50.000.000 VND shall be imposed for failure contribute
part of the compulsory fire and explosion insurance premium to the fire
prevention and firefighting fund as prescribed by law.
Article 50. Violations
against regulations on fire prevention and firefighting in households
1. A fine ranging from 100.000 VND to 300.000 VND shall be
imposed for any violation against regulations on fire prevention and
firefighting that causes a fire or explosion and property damage of from
50.000.000 VND to less than 100.000.000 VND.
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a) Any violation against
regulations on fire prevention and firefighting that causes a fire or explosion
and property damage of more than 100.000.000 VND;
b) Any violation against
regulations on fire prevention and firefighting that cause bodily harm upon 01
person with whole person impairment (WPI) of < 61%;
c) Any violation against
regulations on fire prevention and firefighting that cause bodily harm upon 02
or more persons, each of whom suffers < 61% WPI.
3. Remedial measure:
Mandatory payment of the
entire medical examination and treatment cost in case of violations specified
in Point b and Point c Clause 2 of this Article.
Article 51. Penalties
for causing fire or explosion
1. A fine ranging from 100.000 VND to 300.000 VND shall be
imposed for any violation against regulations on fire prevention and firefighting
that causes a fire or explosion and property damage of less than 20.000.000
VND.
2. A fine ranging from 1.000.000 VND to 3.000.000 VND shall be
imposed for violations against regulations on fire prevention and firefighting
that causes a fire or explosion and property damage of from 20.000.000 VND to
less than 50.000.000 VND.
3. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be
imposed for violations against regulations on fire prevention and firefighting
that causes a fire or explosion and property damage of from 50.000.000 VND to
less than 100.000.000 VND.
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a) Any violation against
regulations on fire prevention and firefighting that causes a fire or explosion
and property damage of more than 100.000.000 VND;
b) Any violation against
regulations on fire prevention and firefighting that cause bodily harm upon 01
person with whole person impairment (WPI) of less than 61%;
c) Any violation against
regulations on fire prevention and firefighting that cause bodily harm upon 02
or more persons, each of whom suffers < 61% WPI.
5. Remedial measure:
Mandatory payment of the
entire medical examination and treatment cost in case of violations specified
in Point b and Point c Clause 4 of this Article.
Section 4.
ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON DOMESTIC VIOLENCE PREVENTION
AND CONTROL
Article 52. Acts of
harming health of family members
1. A fine of from VND 5.000.000 to VND 10.000.000 shall be
imposed for acts of beat causing injury to family members:
2. A fine of from VND 10.000.000 to VND 20.000.000 shall be
imposed for any of the following violations:
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b) Failing to take the
victim to the medical emergency or treatment in case the victim needs timely
medical emergency or failing to take care of the victim during the treatment of
injury due to domestic violence, except in cases where the victim refuses.
3. Remedial measures:
a) Mandatory public
apology upon the victim’s requirement for the acts specified in Clauses 1 and 2
of this Article;
b) Mandatory payment of
the entire medical examination and treatment cost in case of violations
specified in Clause 1 and Point a Clause 2 of this Article;
Article 53. Acts of
torturing or abusing family members
1. A fine of from
VND 10.000.000 to VND 20.000.000 shall be imposed for any of the following
violations:
a)
Mistreating the family members, such as forcing them to abstain from eating and
drinking, suffer from coldness, wear torn clothes, prohibit or restrict
personal hygiene;
b)
Neglecting without care for family members as elderly, disabled, pregnant woman
or nursing woman;
2. Remedial measure:
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Article 54. Acts of
defamation and dignity of family members
1. A fine of from VND 5.000.000 to VND 10.000.000 shall be
imposed for insulting, nagging or hurting the honor and dignity of family
members.
2. A fine of from VND 10.000.000 to VND 20.000.000 shall be
imposed for any of the following violations:
a) Disclosing or
distributing materials or documentation of privacy of family members to hurt
the honor and dignity;
b) Using the media to
hurt the honor and dignity of family members;
c) Disseminating and
distributing the leaflets, articles, photos or sounds to hurt the honor and
dignity of family members;
3. Remedial measures:
a) Mandatory public
apology upon the victim’s requirement for the acts specified in Clauses 1 and 2
of this Article;
b) Mandatory withdrawal
of leaflets, articles, photos or sounds for the acts specified at Points a and
c Clause 2 of this Article;
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1. A warning or a
fine of from VND 5.000.000 to VND 10.000.000 shall be imposed for any of the
following violations:
a) Prohibiting family
members from going out of their house, preventing family members from meeting
with their relatives, friends or having legitimate and healthy social relations
aimed at isolating or psychologically putting pressure on those members;
b) Prohibiting the family
members from exercising the right to work;
c) Prohibiting
the family members from participating healthy and legitimate social activities;
2. A fine of from VND 10.000.000 to VND 20.000.000 shall be
imposed for coercing the family members to witness the violence against people
or animals.
3. A fine of from VND 20.000.000 to VND 30.000.000 shall be
imposed for any of the following violations:
a) Forcing family members
to perform erotic actions and use aphrodisiacs;
b) Having sexual arousal
behavior or abusing body against family member.
4. Remedial measure:
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Article 56. Preventing
the implementation of rights and obligations in family relationships between
grandparents and grandchildren; between parents and children, between husband
and wife and between brothers and sisters together
A fine of between VND
5.000.000 and 10.000.000 shall be imposed for acts to prevent visitation and
care rights between grandparents and grandchildren; between parents and
children, except for cases where the parental visitation rights is limited
under the decision of the court; between husband and wife; between brothers and
sisters together.
Article 57. Violations
against regulations on care, nurture or support
1. A fine of from VND 5.000.000 to VND 10.000.000 shall be
imposed for any of the following violations:
a) Denying or evading
support obligations between husband and wife after divorce, refusing or evading
the nurturing obligations between sisters and brothers, between paternal
grandparents, maternal grandparents and grandchildren under the regulations of
law;
b) Denying or evading the
support and nurturing obligations for parents; obligations of support and care
for children after divorce as prescribed by law;
2. Remedial measure:
Mandatory fulfillment of
contribution/nurturing obligations for the acts specified in Clause 1 of this
Article.
Article 58. Acts of
economic violence;
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1. Seizing private property of family member;
2. Forcing family members to overwork or do heavy and
dangerous work, exposure to toxic substances or do other work in contradiction
with regulations of law on labor;
3. Forcing family members to beg or wander for a living.
Article 59. Illegal
acts forcing family members out of their legal living place
1. A fine of from VND 5.000.000 to VND 10.000.000 shall be
imposed for acts forcing family members out of their legal living place:
2. A fine of from VND 10.000.000 to VND 20.000.000 shall be
imposed for acts threatening with violence to force family members out of their
legal living place;
Article 60. Acts of
violence against persons who prevent, detect and report of domestic violence and
persons who help victims of domestic violence
1. A fine of from VND 5.000.000 to VND 10.000.000 shall be
imposed for any of the following violations:
a) Threatening the person
who prevents, detects or reports of domestic violence or helps the victim of domestic
violence;
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2. A fine of from VND 10.000.000 to VND 20.000.000 shall be
imposed for any of the following violations:
a) Assaulting the person
who prevents detects and reports of domestic violence, and helps victim of
domestic violence;
b) Destroying and
damaging property of the person who prevents detects and reports of domestic
violence, and helps victim of domestic violence;
3. Remedial measures:
a) Mandatory restoration
of original condition in case of administrative violations specified in Point b
Clause 2 of this Article.".
b) Mandatory public
apology upon the victim’s requirement for the acts specified in Clauses 1 and 2
of this Article;
Article 61. Forcing,
inciting, instigating and enabling others to commit acts of domestic violence
1. A fine of between VND 5.000.000 and 10.000.000 shall be
imposed for coercing, inciting, instigating and enabling others to commit acts
of domestic violence;
2. A fine of between VND 10.000.000 and 20.000.000 shall be
imposed for forcing others to commit acts of domestic violence;
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A fine of from VND
1.000.000 to VND 2.000.000 shall be imposed for any of the following
violations:
1. Knowing family violence and having the condition to prevent
without prevention.
2. Knowing family violence without informing the competent
person or authority.
3. Obstructing others to detect and report on acts of domestic
violence.
Article 63. Using or
disseminating the information, photos and sounds to incite acts of violence
A warning or a fine of
between VND 1.000.000 and 2.000.000 shall be imposed for using or disseminating
the information, photos and sounds to incite acts of violence;
Article 64. Violations
against regulations on disclosing information on victim of domestic violence
A fine of from VND
3.000.000 to VND 5.000.000 shall be imposed on medical personnel or counselors
against regulations on prevention of domestic violence having one of the
following acts:
1. Disclosing personal information of victims of domestic
violence without the consent of the victim or the victim's guardian affecting
honor, dignity and reputation of the victim.
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Article 65. Taking
advantage of activity of domestic violence prevention for illegal benefits
1. A fine of from
VND 1.000.000 to VND 2.000.000 shall be imposed for any of the following
violations:
a)
Demanding for victim’s money or victim’s relative after helping the victim of
domestic violence;
b) Requiring the payment
of victim’s cost of living at the credible address in the community;
c) Taking advantage of
difficult situation of victims of domestic violence to ask them to commit
illegal acts;
2. A fine of from VND 10.000.000 to VND 30.000.000 shall be
imposed for any of the following violations:
a) Establishing the
consulting units of prevention of domestic violence or supporting unit for
victims of domestic violence for illegal benefit;
b) Taking advantage of
activities of domestic violence prevention to commit illegal acts;
3. Additional penalty:
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4. Remedial measure:
Enforced return of
benefits illegally obtained from the commission of the violation in Point a
Clause 1 of this Article;”.
Article 66. Violations
against regulations on operation registration for consulting units of
prevention of domestic violence or supporting unit for victims of domestic
violence
1. A fine of from VND 5.000.000 to VND 10.000.000 shall be
imposed on the consulting units of prevention of domestic violence or
supporting unit for victims of domestic violence operating beyond the scope of
certificate of operation registration;
2. A fine of from VND 10.000.000 to VND 20.000.000 shall be
imposed on the consulting units of prevention of domestic violence or
supporting unit for victims of domestic violence for operation without being
issued with certificate of operation registration or without registration for
operation;
Article 67. Violations
against regulations on banned contact of Chairperson of communal-level People’s
Committee;
1. A warning or a fine of between VND 500.000 and 1.000.000
shall be imposed for deliberately contacting the victim of domestic violence
during the time to execute the decision on banned contact;
2. A fine of between VND 3.000.000 and 5.000.000 shall be
imposed for using telephone and other media to threaten, taunt or insult the
victims of domestic violence.
3. Additional
penalty:
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Chapter III
POWER TO IMPOSE ADMINISTRATIVE PENALTIES
Article 68. Power to
impose penalties of the Chairpersons of the People’s Committees at all levels:
1. Chairperson of the People’s Committee of commune shall have
the power to:
a) Issue warnings;
b) Impose a fine up to
VND 3.000.000 for administrative violation against regulations on domestic
violence prevention; up to VND 4.000.000 for the administrative violation
against regulations on social security, order and safety; up to VND 5.000.000
for the administrative violation against regulations on fire prevention and
fighting, rescue and social evil prevention;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause
d) Impose the remedial
measures specified in Points a and c Clause 1 Article 28 of the Law on
penalties for administrative violations.
2. Chairperson of the People’s Committee of district shall
have the power to:
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b) Impose a fine up to
VND 15.000.000 for administrative violation against regulations on domestic
violence prevention; up to VND 20.000.000 for the administrative violation
against regulations on social security, order and safety; up to VND 25.000.000
for the administrative violation against regulations on fire prevention and
fighting and rescue; up to VND 37.500.000 for the administrative violation
against regulations on social evil prevention;
c) Suspend
licenses/practicing certificates or suspend operations for fixed periods;
d) Confiscate exhibits
and/or means used for administrative violations;
dd) Impose the remedial
measures specified in Points a, c, e and i Clause 1 Article 28 of the Law on
penalties for administrative violations and points dd, e, g and h Clause 3
Article 3 of this Decree.
3. Chairperson of
the People’s Committees of province shall have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 30.000.000 for administrative violation against regulations on domestic
violence prevention; up to VND 40.000.000 for the administrative violation
against regulations on social security, order and safety; up to VND 50.000.000
for the administrative violation against regulations on fire prevention and
fighting and rescue; up to VND 75.000.000 for the administrative violation
against regulations on social evil prevention;
c) Suspend
licenses/practicing certificates or suspend operations for fixed periods;
d) Confiscate exhibits
and/or means used for administrative violations;
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Article 69. Power to
impose penalties for administrative violations of the People’s Public Security
1. The People’s Police officers on duty shall have the power
to:
a) Issue warnings;
b) Impose a fine up to
VND 300.000 for administrative violation against regulations on domestic
violence prevention; up to VND 400.000 for the administrative violation against
regulations on social security, order and safety; up to VND 500.000 for the
administrative violation against regulations on fire prevention and fighting,
rescue and social evil prevention;
2. Head of company-level Mobile Police Unit, head of police
station and leader of the officers mentioned in Clause 1 of this Article shall
have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 900.000 for administrative violation against regulations on domestic
violence prevention; up to VND 1.200.000 for the administrative violation
against regulations on social security, order and safety; up to VND 1.500.000
for the administrative violation against regulations on fire prevention and
fighting and rescue and social evil prevention;
3. Communal-level chief policy, head of border gate police
station or export processing zone, head of police authority of international
airport, battalion chief of mobile police battalion and captain of squadron
shall have the power to
a) Issue
warnings;
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c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause
d) Impose the remedial
measures specified in Points a and c Clause 1 Article 28 of the Law on
penalties for administrative violations.
a) Issue warnings;
b) Impose a fine up to
VND 6.000.000 for administrative violation against regulations on domestic
violence prevention; up to VND 8.000.000 for the administrative violation
against regulations on social security, order and safety; up to VND 10.000.000
for the administrative violation against regulations on fire prevention and
fighting and rescue; up to VND 15.000.000 for the administrative violation
against regulations on social evil prevention;
c) Suspend
licenses/practicing certificates or suspend operations for fixed periods;
d)
Confiscate any exhibit or mean which has been used for committing
administrative violation if its value is not 02 times as high as the fine
specified in Point b of this Clause
dd) Impose the remedial
measures specified in Points a and c Clause 1 Article 28 of the Law on
penalties for administrative violations.
5. Director of the Public Security Department of province
shall have the power to:
a) Issue warnings;
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c) Suspend
licenses/practicing certificates or suspend operations for fixed periods;
d) Confiscate exhibits
and/or means used for administrative violations;
dd) Apply the expulsion;
e) Impose the remedial
measures specified in Points a, c and I Clause 1 Article 28 of the Law on
penalties for administrative violations and Clause 3 Article 3 of this Decree.
6. Director of Department of Cybersecurity and Hi-tech Crime
Prevention and Control, Director of Police Department for Investigation into
Social Order-related Crimes, Director of Police Department for Investigation
into Corruption, Economy and Smuggling-related Crimes, Director of Police
Department for Administrative Management of Social Order, Director of Internal
Political Security Department, Director of Economic Security Department, Director
of Environmental Crime Prevention Police Department, Director of Traffic Police
Department, Director of Police Department for Fire Prevention and Fighting and
Rescue, Director of Department of Homeland Security, Director of Police
Department of Custody, Temporary Detention and Criminal Judgment Execution in
the community, Director of Mobile Police Department shall have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 30.000.000 for administrative violation against regulations on domestic
violence prevention; up to VND 40.000.000 for the administrative violation
against regulations on social security, order and safety; up to VND 50.000.000
for the administrative violation against regulations on fire prevention and
fighting and rescue; up to VND 75.000.000 for the administrative violation
against regulations on social evil prevention;
c) Suspend
licenses/practicing certificates or suspend operations for fixed periods;
d) Confiscate exhibits
and/or means used for administrative violations;
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7. Director of
Immigration Department shall have the power to impose administrative penalties
in Clause 6 of this Article and have the right to apply the expulsion.
Article 70. Power to
impose penalties of the Border Guard forces:
1. On-duty soldiers of the Border Guard forces shall have the
power to:
a) Issue warnings;
b) Impose a fine up to
VND 400.000 for the administrative violation against regulations on social
security, order and safety; up to VND 500.000 for the administrative violation
against regulations on fire prevention and fighting, rescue and social evil
prevention;
2. Head of Border Guard station and leader of the soldiers
mentioned in Clause 1 of this Article shall have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 2.000.000 for the administrative violation against regulations on social
security, order and safety; up to VND 2.500.000 for the administrative
violation against regulations on fire prevention and fighting, rescue and
social evil prevention;
3. Team leader of Crime and Drug Prevention and Control Task
Force affiliated to Crime and Drug Prevention and Control Brigade shall have
the power to:
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b) Impose a fine up to
VND 4.000.000 for the administrative violation against regulations on social
security, order and safety; up to VND 5.000.000 for the administrative
violation against regulations on fire prevention and fighting and rescue, up to
VND 7.500.000 for the administrative violation against regulations on social
evil prevention;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its value
is not 02 times as high as the fine specified in Point b of this Clause
dd) Impose the remedial
measures specified in Points a and c Clause 1 Article 28 of the Law on
penalties for administrative violations and Clause 3 Article 3 of this Decree.
4. Head of Border Guard post, Commander of Border-guard
Flotilla and Commander of Port Border Guard shall have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 8.000.000 for the administrative violation against regulations on social
security, order and safety; up to VND 10.000.000 for the administrative
violation against regulations on fire prevention and fighting and rescue, up to
VND 15.000.000 for the administrative violation against regulations on social
evil prevention;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause
dd) Impose the remedial
measures specified in Points a and c Clause 1 Article 28 of the Law on penalties
for administrative violations and Clause 3 Article 3 of this Decree.
5. Commander of Crime and Drug Prevention and Control Brigade
affiliated to Crime and Drug Prevention and Control Department of Border Guard
High Command shall have the power to:
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b) Impose a fine up to
VND 20.000.000 for the administrative violation against regulations on social
security, order and safety; up to VND 25.000.000 for the administrative
violation against regulations on fire prevention and fighting and rescue, up to
VND 37.500.000 for the administrative violation against regulations on social
evil prevention;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause
d) Impose the remedial
measures specified in Points a, c and i Clause 1 Article 28 of the Law on
penalties for administrative violations and Clause 3 Article 3 of this Decree.
6. Commander of Provincial-level Border Guard Force, Commander
of Coastguard Squadron, Director of Crime and Drug Prevention and Control
Department of Border Guard High Command shall have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 40.000.000 for the administrative violation against regulations on social
security, order and safety; up to VND 50.000.000 for the administrative
violation against regulations on fire prevention and fighting and rescue, up to
VND 75.000.000 for the administrative violation against regulations on social
evil prevention;
c) Suspend
licenses/practicing certificates or suspend operations for fixed periods;
d) Confiscate exhibits
and/or means used for administrative violations;
dd) Impose the remedial
measures specified in Points a, c and i Clause 1 Article 28 of the Law on
penalties for administrative violations and Clause 3 Article 3 of this Decree.
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1. Police officers of the Coast Guard who are on duty shall
have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 800.000 for the administrative violation against regulations on social
security, order and safety;
2. Squad leader of professional squad of Coast Guard shall
have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 2.000.000 for the administrative violation against regulations on social
security, order and safety;
3. Team leader of professional team of Coast Guard and Captain
of Coast Guard Station shall have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 4.000.000 for the administrative violation against regulations on social
security, order and safety;
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4. Commander of Coastguard Platoon shall have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 8.000.000 for the administrative violation against regulations on social
security, order and safety;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause
dd)
Impose the remedial measures specified in Points a and c Clause 1 Article 28 of
the Law on penalties for administrative violations an Clause 3 Article 3 of
this Decree.
5. Marine delegation chiefs of the Marine Police, Commanders
of Reconnaissance Brigades, Commanders of Crime and Drug Prevention and Control
Brigades affiliated to Vietnam Coast Guard shall have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 12.000.000 for the administrative violation against regulations on social
security, order and safety;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause
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6. Commander of Regional Coast Guard, Director of Operation
and Law Department affiliated to Vietnam Coast Guard shall have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 20.000.000 for the administrative violation against regulations on social
security, order and safety;
c) Suspend
licenses/practicing certificates for fixed periods;
d) Confiscate exhibits
and/or means used for administrative violations;
dd) Impose the remedial
measures specified in Points a and c Clause 1 Article 28 of the Law on
penalties for administrative violations and Clause 3 Article 3 of this Decree.
7. Commander of Vietnam Coast Guard shall have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 40.000.000 for the administrative violation against regulations on social
security, order and safety;
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d)
Confiscate exhibits and/or means used for administrative violations;
dd) Impose the remedial
measures specified in Points a and c Clause 1 Article 28 of the Law on
penalties for administrative violations and Clause 3 Article 3 of this Decree.
Article 72. Power to
impose penalties of Customs
1. On-duty officers of the Customs shall have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 500.000 for the administrative violation against regulations on social
security, order and safety;
2. Team leader and squad leader of Sub-department of Customs;
squad leaders of Control Teams of Customs Departments of provinces and
inter-provinces; team leader of Post Clearance Audit Sub-Department shall have
the power to:
a) Issue warnings;
b) Impose a fine up to
VND 5.000.000 for the administrative violation against regulations on social
security, order and safety;
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a) Issue warnings;
b) Impose a fine up to
VND 25.000.000 for the administrative violation against regulations on social security,
order and safety;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause;
dd) Impose the remedial
measures specified in Points d, dd, i and k Clause 1 Article 28 of the Law on
penalties for administrative violations and Clause 3 Article 3 of this Decree.
4. Director of Smuggling Investigation and Prevention
Department, Director of Post Clearance Audit Department affiliated to General
Department of Customs, Directors of Customs Departments of provinces and
inter-provinces shall have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 40.000.000 for the administrative violation against regulations on social
security, order and safety;
c) Suspend
licenses/practicing certificates or suspend operations for fixed periods;
d) Confiscate exhibits
and/or means used for administrative violations;
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5. Director General
of General Department of Vietnam Customs shall have power to:
a) Issue warnings;
b) Impose a fine up to
VND 40.000.000 for the administrative violation against regulations on social
security, order and safety;
c) Confiscate material
evidences and/or means used for administrative violations;
dd) Impose the remedial
measures specified in Points d, dd, i and k Clause 1 Article 28 of the Law on
penalties for administrative violations and Clause 3 Article 3 of this Decree.
Article 73. Power to
impose penalties of Forest Ranger
1. On-duty forest rangers shall have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 500.000 for the administrative violation against regulations on social
security, order and safety and fire prevention and fighting and rescue
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a) Issue warnings;
b) Impose a fine up to
VND 10.000.000 for the administrative violation against regulations on social
security, order and safety and fire prevention and fighting and rescue;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause
3. Head of Forest Ranger Division, leader of mobile ranger and
forest fire prevention and fighting team shall have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 25.000.000 for the administrative violation against regulations on social
security, order and safety and fire prevention and fighting and rescue;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause
d) Impose the remedial
measures specified in Points a, c and i Clause 1 Article 28 of the Law on
penalties for administrative violations and Clause 3 Article 3 of this Decree.
4. Director of Forest Protection Sub-Department, Director of
Regional Forest Protection Sub-Department, Leader of Forest Protection Task
Force affiliated to Forest Protection Department
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b) Impose a fine up to
VND 40.000.000 for the administrative violation against regulations on social
security, order and safety and up to VND 50.000.000 for the administrative
violation against regulations on fire prevention and fighting and rescue
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause
d) Suspend
licenses/practicing certificates or suspend operations for fixed periods
dd) Impose the remedial
measures specified in Points a, c and i Clause 1 Article 28 of the Law on
penalties for administrative violations and Clause 3 Article 3 of this Decree.
5. Director of Forest Protection Department shall have power
to:
a) Issue warnings;
b) Impose a fine up to
VND 40.000.000 for the administrative violation against regulations on social
security, order and safety and up to VND 50.000.000 for the administrative
violation against regulations on fire prevention and fighting and rescue
c) Confiscate material
evidences and/or means used for administrative violations;
d) Suspend licenses/practicing
certificates or suspend operations for fixed periods
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Article 74. Power to
impose penalties of Fisheries Resource Surveillance
1. On-duty fishery resource surveillance personnel shall have
the power to:
a) Issue warnings;
b) Impose a fine up to
VND 2.000.000 for the administrative violation against regulations on social
security, order and safety and fire prevention and fighting and rescue;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause
2. Head of Fishery Resource Surveillance Station affiliated to
the Regional Fishery Resource Surveillance Sub-department shall have the power
to:
a) Issue warnings;
b) Impose a fine up to
VND 10.000.000 for the administrative violation against regulations on social
security, order and safety and fire prevention and fighting and rescue;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause
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3. Director of Regional Fishery Resource Surveillance
Sub-Department shall have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 40.000.000 for the administrative violation against regulations on social
security, order and safety and up to VND 50.000.000 for the administrative
violation against regulations on fire prevention and fighting and rescue;
c) Confiscate material
evidences and/or means used for administrative violations;
dd) Impose the remedial
measures specified in Points a and i Clause 1 Article 28 of the Law on
penalties for administrative violations and Clause 3 Article 3 of this Decree.
4. Director of Viet Nam Fisheries Resources Surveillance shall
have power to:
a) Issue warnings;
b) Impose a fine up to
VND 40.000.000 for the administrative violation against regulations on social
security, order and safety and up to VND 50.000.000 for the administrative
violation against regulations on fire prevention and fighting and rescue;
c) Suspend
licenses/practicing certificates or suspend operations for fixed periods;
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dd) Impose the remedial
measures specified in Points a and i Clause 1 Article 28 of the Law on
penalties for administrative violations and Clause 3 Article 3 of this Decree.
Article 75. Power to
impose penalties for administrative violations of Market Surveillance
Authorities
1. On-duty market controllers shall have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 500.000 for the administrative violation against regulations on social
security, order and safety;
2. Team leader of Market Surveillance Team, Head of
Specialized Department affiliated to Department of Market Surveillance
Operation shall have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 25.000.000 for the administrative violation against regulations on social
security, order and safety;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause
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3. Director of Provincial Market Surveillance Department and
Director of Market Surveillance Operations Department affiliated to Vietnam Directorate
of Market shall have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 40.000.000 for the administrative violation against regulations on social
security, order and safety;
c) Confiscate material
evidences and/or means used for administrative violations;
d) Impose the remedial
measures specified in Points a, c, e and i Clause 1 Article 28 of the Law on
penalties for administrative violations and Clause 3 Article 3 of this Decree.
4. Director General of Vietnam Directorate of Market
Surveillance shall have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 40.000.000 for the administrative violation against regulations on social
security, order and safety;
c) Confiscate material
evidences and/or means used for administrative violations;
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Article 76. Power to
impose penalties of inspectors
1. On-duty inspectors shall have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 300.000 for administrative violation against regulations on domestic
violence prevention; up to VND 400.000 for the administrative violation against
regulations on social security, order and safety; up to VND 500.000 for the
administrative violation against regulations on fire prevention and fighting
and rescue; up to VND 750.000 for the administrative violation against
regulations on social evil prevention;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause
d) Impose the remedial
measures specified in Points a and c Clause 1 Article 28 of the Law on
penalties for administrative violations.
2. Chief Inspector of Provincial Department shall have the
power to:
a) Issue warnings;
b) Impose a fine up to
VND 15.000.000 for administrative violation against regulations on domestic
violence prevention; up to VND 20.000.000 for the administrative violation
against regulations on social security, order and safety; up to VND 25.000.000
for the administrative violation against regulations on fire prevention and
fighting and rescue; up to VND 37.500.000 for the administrative violation
against regulations on social evil prevention;
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d) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause
dd) Impose the remedial
measures specified in Points a, c, e and i Clause 1 Article 28 of the Law on
penalties for administrative violations and Clause 3 Article 3 of this Decree.
3. Chief Inspectors of Ministries, ministerial authorities,
Director of Department of the Insurance Supervisory Authority shall have the
power to:
a) Issue warnings;
b) Impose a fine up to
VND 30.000.000 for administrative violation against regulations on domestic
violence prevention; up to VND 40.000.000 for the administrative violation
against regulations on social security, order and safety; up to VND 50.000.000
for the administrative violation against regulations on fire prevention and
fighting and rescue; up to VND 75.000.000 for the administrative violation
against regulations on social evil prevention;
c) Suspend
licenses/practicing certificates or suspend operations for fixed periods;
d) Confiscate exhibits
and/or means used for administrative violations;
dd) Impose the remedial
measures specified in Points a, c, e and i Clause 1 Article 28 of the Law on
penalties for administrative violations and Clause 3 Article 3 of this Decree.
4. Head of ministerial-level specialized inspectorate shall have
power to impose penalties according to regulations of Clause 3 of this Article.
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Article 77. Power to
impose penalties of diplomatic missions, consulates and other agencies
authorized to perform the consular function of the Socialist Republic of
Vietnam overseas.
Heads of diplomatic
missions, consulates and other agencies authorized to perform the consular
function of the Socialist Republic of Vietnam overseas shall have the power to:
1. a) Issue warnings;
2. Impose a fine up to VND 40.000.000 for the administrative
violation against regulations on social security, order and safety;
3. d) Confiscate exhibits and/or means used for administrative
violations;
4. Impose the remedial measures specified in Points a and i
Clause 1 Article 28 of the Law on penalties for administrative violations and
Clause 3 Article 3 of this Decree.
Article 78. Principle
to determine the authority to impose penalties
1. The authority to impose penalty for administrative
violation of the competent persons specified in Articles 68, 69, 70, 71, 72,
73, 74, 75, 76 and 77 of this Decree is the authority applied to one act of
administrative violation of individuals. In case of fines, the authority to
impose sanction on organizations is twice as much of that one for individuals;
2. Chairpersons of the People’s Committees at all levels shall
have the power to impose administrative penalties and apply remedial measures
for administrative violations in Chapter II of this Decree under their
competence specified in Article 68 of this Decree; functions, powers and tasks
that are assigned.
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4. The persons who have the power to impose penalties of the
Border Guard forces shall have the power to impose administrative penalties and
apply remedial measures for administrative violations in Articles 7, 8 and 15;
Clause 1, Points c, d and dd Clause 2, Clauses 3, 4, 5, 6 and 7 Article 18;
Articles 24, 25, 26, 27, 28, 32, 34, 45 and Articles in Section 4, Chapter II
of this Decree under their competence specified in Article 70 of this Decree
within the scope and field of their management and functions, powers and tasks
that are assigned.
5. The persons who have the power to impose penalties of the
Coast Guard forces shall have the power to impose administrative penalties and
apply remedial measures for administrative violations in Point d Clause 1,
Point dd Clause 2, Point c Clause 3, Point d Clause 4, Points a and c Clause 5
Article 7; Point a, Clause 1, Points a, b and c Clause 2, Points b and d Clause
4 Article 10; points a, b, c, d and dd clause 1, points a, b, c, d, e, g and m
clause 2, points a, b, d, dd, g, h, i and k clause 3, Points a, b, c, d, dd, e,
g, h and i Clause 4, Points a, b and c Clause 5 Article 11; Points a, b and dd
Clause 1, Points a, d, dd and e Clause 2 Article 15; Clause 1, Article 20;
Articles 21, 23 and 28 of this Decree under their competence specified in
Article 71 of this Decree and functions, powers, local areas and tasks that are
assigned.
6. The persons who have the power to impose penalties of the
Customs shall have the power to impose administrative penalties and apply
remedial measures for administrative violations in Points c and dd Clause 3,
Point d Clause 4 Article 7; Points dd and k Clause 3, Points a, c, d and e
Clause 4, Point a Clause 5 Article 11 and Article 21 of this Decree under their
competence specified in Article 72 of this Decree and functions, powers and
tasks that are assigned.
7. The persons who have the power to impose penalties of the
Forest Ranger, Fisheries Resource Surveillance shall have the power to impose
administrative penalties and apply remedial measures for administrative
violations in Article 21, Section 3 of Chapter II of this Decree under their
competence specified in Article 73 and 74 of this Decree; functions, powers and
tasks that are assigned.
8. Heads of diplomatic missions, consulates and other agencies
authorized to perform the consular function of the Socialist Republic of
Vietnam overseas shall have the power to impose administrative penalties and
apply remedial measures for administrative violations in Articles 18 and 21 of
this Decree under their competence specified in Article 77 of this Decree;
functions, powers and tasks that are assigned.
9. Labor - Invalids and Social Affairs inspectors shall have
the power to impose administrative penalties and apply remedial measures for
administrative violations in Section 2 Chapter II of this Decree under their
competence specified in Article 76 of this Decree; functions, powers and tasks
that are assigned.
10. Culture, Sports & Tourism inspectors shall have the
power to impose administrative penalties and apply remedial measures for
administrative violations in Section 4 Chapter II of this Decree under their
competence specified in Article 76 of this Decree; functions, powers and tasks
that are assigned.
11. Culture, Sports & Tourism inspectors shall have the
power to impose administrative penalties and apply remedial measures for
administrative violations in Section 4 Chapter II of this Decree under their
competence specified in Article 76 of this Decree; functions, powers and tasks
that are assigned.
12. The professional inspectors shall have the power to impose
administrative penalties for violations in Points c and d Clause 3 Article 7
and Article 21 of this Decree under their competence specified in Article 76 of
this Decree; functions, powers and tasks that are assigned.
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Article 79. Power to
record administrative violations
1. The persons
having the power to impose penalties for administrative violations are
specified in Articles 68, 69, 70, 71, 72, 73, 74, 75, 76 and 77 of this Decree.
2. Competent persons, persons assigned to perform specialized
inspection, persons of the People's Public Security forces are on duty with the
assigned tasks according to their assigned tasks, functions and powers.
3. The police officers have the power record administrative
violations that occur within the areas of their management.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 80: Entry into
force
1. This Decree comes into force from January 01, 2022
2. This Decree replaces the Government's Decree No.
167/2013/ND-CP dated November 12, 2013 on regulations on sanction of
administrative violation in social security, order and safety, prevention and
fighting of social evils, fire and domestic violence.
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1. In case of a violation against regulations on social
security, order and safety, social evil prevention, fire prevention and
fighting and domestic violence prevention is committed before the effective
date of this Decree but discovered or being handled afterwards the Government's
Decree on sanction of administrative violations that is effective when the
violation is committed shall be applied; In case, this Decree does not provide
for legal liability or impose less serious legal liability for violations that
occur prior to the entry into force of this Decree, the regulations of this
Decree shall be applied.
2. If the penalized individual or organization continues to
appeal against the administrative sanction decision that has already been
issued or executed completely before the entry into force of this Decree, the
regulations of the Law on Handling of Administrative Violations of Vietnam,
Government's Decree No. 167/2013/ND-CP dated November 12, 2013 on regulations
on sanction of administrative violation in social security, order and safety,
prevention and fighting of social evils, fire prevention and firefighting, and
domestic violence shall be applied.
3. Administrative violations regarding the management and use
of the family register, temporary residence register that are committed before
December 31, 2022 shall be handled according to regulations of this Decree.
Article 82.
Responsibility of implementation
1. The Minister of Public Security of Vietnam shall be
responsible for organizing, urging, guiding and inspecting the implementation
of this Decree.
2. The Ministers, the Heads of the Ministerial-Level Agencies,
the Heads of the Governmental Agencies, the Chairpersons of the People's
Committees of provinces and relevant organizations and individuals shall be
responsible for the implementation of this Decree.
ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Pham Binh Minh
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