THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom–Happiness
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No.
24-CP
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Hanoi
,April 18, 1996
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DECREE
ON THE SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS IN
DEFENSE WORK
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Ordinance on the handling of administrative violations of July
6, 1995;
At the proposal of the Minister of Defense,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Liability to
sanctions against administrative violations in defense work:
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If it is necessary to apply the punitive form of
stripping armymen and defense workers and employees of a number of licenses
granted by the army for operation for the purpose of defense and security, the
authorized person shall inform and propose the army unit which has granted the
licenses to handle the case as stipulated in Point (b) of Item 1, Article 5, of
the Ordinance on the handling of administrative violations.
Article 2.- The
principles for administrative sanctions in defense work:
1. The People’s Committees at various levels,
the People’s Police, the market control force, and the defense inspectors at
various levels shall handle administrative sanctions against administrative
violations as provided for by law.
2. Any administrative violation in defense work
must be promptly discovered and must be immediately stopped. The sanctioning
must be quickly and fairly delivered, and all its consequences must be overcome
as stipulated; the organization or individual that has caused material damage
by its/his/her administrative violation must pay compensation as stipulated by
law.
3. An administrative violation shall be
sanctioned once. A person who has committed several administrative violations
shall be fined for each violation. The authorized person shall decide the
punitive form of sanction for each violation.
If many persons commit an administrative
violation, each of them shall be sanctioned.
4. The handing of administrative sanction shall
be based on the character and seriousness of the violation, the personality,
the attenuating factors and the aggravating factors stipulated in Articles 7
and 8 of the Ordinance on the handling of administrative violations to decide
the suitable form and measures of sanction.
5. No administrative sanction shall be meted out
in cases of emergency, legitimate self-defense, contingent situations or for an
administrative violation committed by a person suffering from mental disorder
or other diseases which make him/her unconscious of his/her action or unable to
control it.
Article 3.- The handling
of violations committed by the persons authorized to impose administrative
sanctions:
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2. If the persons authorized to impose
administrative sanction hassle, tolerate, protect, refuse to, or fail to do it
promptly or justifiably, or abuse their powers in penalizing the guilty
organization or individual, they shall be disciplined or examined for penal
liability depending on the seriousness and character of the violation. If they
cause material damage, they must make compensations as provided for by law.
Chapter II
FORMS OF SANCTION
AGAINST ADMINISTRATIVE VIOLATIONS IN DEFENSE WORK
Section 1. FORMS OF
SANCTION IN THE IMPLEMENTATION OF STIPULATIONS ON MILITARY SERVICE AND IN THE
BUILDING OF RESERVE FORCES
Article 4.- Violation of
the stipulations on registration for military service:
1. A warning shall be served to the male
citizens who are 17 years old, but who refuse to observe the stipulations on
registration for military service.
2. A fine of from 50,000 VND to 200,000 VND
shall be imposed on those male citizens within the military service age 18 to
45 years old who have or have not yet served in the Vietnam People’s Army, or
have ceased serving in the People’s Police Force; female citizens from 18 years
to 40 years old whose skills are needed by the army, and who are duty bound to
register for readiness to join the military service, the reserve forces of
grade 1 and grade 2, but who fail to correctly observe the stipulations on the
first registration, supplementary registration, transfer registration,
registration for long-term absence, separate registration for military service,
and registration for demobilization from the reserve forces according to the
stipulations on registration for military service.
3. In addition to the fines, the guilty persons
still have to implement the stipulations on registration for military service.
Article 5.- Violation of
the stipulations on health check:
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2. A fine of from 200,000 VND to 600,000 VND
shall be imposed on any act of cheating or bribing the medical staff in order
to avoid military service but which is not yet serious enough to be examined
for penal liability.
3. In addition to the fines, the guilty persons
still have to implement the stipulations on health check according to the plan
of the Military Service Councils of districts, precincts, provincial capitals
and cities in provinces.
Article 6.- Failure to
strictly observe the order for military service, and the order of mobilization:
1. A fine of from 100,000 VND to 500,000 VND
shall be imposed on those citizens who have received the order for military
service or the order of mobilization, but who fail to be present at the time or
the place designated in the order without plausible reasons.
2. Those who have failed to strictly observe the
order for military service or the order of mobilization and who have been fined
are still liable to the military service call-up or the mobilization order as
provided for by law.
Article 7.- Violation of
the stipulations on the required presence for training, the required presence
for checking military service readiness, combat readiness:
1. A fine of from 50,000 VND to 300,000 VND
shall be imposed on those reserve armymen who have received the order to be
present for training, to be present for checking military service readiness,
combat readiness, but who fail to be present at the time and the place
designated in the order without plausible reasons.
2. The fined persons must still observe the
order to be present for training, to be present for checking combat readiness
according to the plan of the authorized agency.
Article 8.- Causing
difficulties to or hindering citizens from carrying out the stipulations on
military service:
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2. A fine of from 300,000 VND to 1,000,000 VND
shall be imposed on those who deliberately cause difficulties to or hinder the
authorized persons from carrying out the stipulations on the fulfillment of
military service duty but not seriously enough to be examined for penal
liability.
3. Those persons in power who abuse their title
and powers to cause difficulties to or hinder citizens or the authorized
persons from carrying out the stipulations on military service, or armymen from
doing so, shall be disciplined.
Article 9.- Objection to
or failure to carry out the stipulations on military service:
1. A fine of from 500,000 VND to 2,000,000 VND
shall be imposed on those State agencies, social organizations or economic
organizations which fail to give time to or create conditions for citizens to
register for military service, to carry out the order for health check, the
call-up, the order to be present for training, the order to be present for
checking military service readiness and combat readiness; which fail to file
the list of male citizens of 17 years of age; which fail to report the number
of reserve armymen and persons ready for military service in their agency or
organization within the set time limit, or which act counter to or fail to
perform other tasks stipulated by the Law on Military Service for State
agencies and organizations.
2. Those State agencies or organizations subject
to fines must observe the fining decision, and at the same time find out the
person in their organization who is directly responsible for administrative
violation while on mission in order to examine the liability for discipline and
for compensation for damage as provided for by law.
Article 10.- Sanctions
against armymen in active military service in peace time who leave their unit
of their own accord or while on mission, on leave, in hospital, in a sanitarium,
or being transferred to another unit, fail to return to their unit within the
set time limit, and whose desertion has been informed by a regiment-level or
corresponding unit to the People’s Committee and the military service of a
district or corresponding level:
1. A warning shall be served to the offenders
who have volunteered to join the army, but who are temporarily deferred from
the call-up, or who are classified invalid armymen, or who have continually
served in the army beyond the term of service set by the Law on Military
Service, or who are armywomen.
2. A fine of from 300,000 VND to 500,000 VND
shall be imposed on those persons who are not in the categories mentioned in
Point (1) of this Article, and who are first time offenders.
3. Those persons who have been fined as
stipulated in this Article must return to the army. The local People’s
Committee and army units have the responsibility to urge them and take measures
to force them to return to the unit. The army units shall have to arrange and
create conditions for them to fulfill their term of active military service.
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1. A fine of from 50,000 VND to 200,000 VND
shall be imposed on those reserve officers who when being transferred to work
or residing in the locality fail to register with the local military service
their place of residence or the address of their permanent office.
2. In addition to the fine, the guilty reserve
officers must register as stipulated.
Article 12.- Failing to
register the technical means which should be mobilized for the army:
1. A fine of from 300,000 VND to 1,000,000 VND
shall be imposed on those organizations or individuals that are in the possession
of the technical means mentioned in the list of reserve technical means which
should be mobilized and supplemented for the regular armed forces for training
and for mobilization of reserve forces, but who fail to observe the regime and
procedure of registration.
2. In addition to the fine, these organizations
or individuals must observe the regime of registering their technical means.
Article 13.- Failure to
observe the order for mobilizing technical means:
1. A fine of from 500,000 VND to 2,000,000 VND
shall be imposed on those organizations or individuals whose technical means
have been listed in the reserve unit for mobilization, but who fail to observe
the order for conducting a military exercise, or the order for checking combat
readiness in peace time.
2. A fine of from 1,000,000 VND to 3,000,000 VND
shall be imposed on those organizations or individuals who fail to observe the
order for mobilizing technical means as required by national defense in war
time.
3. A fine of from 2,000,000 VND to 6,000,000 VND
shall be imposed on those organizations and individuals who fail to observe the
order for mobilizing supplementary technical means for the army when the
mobilization order has been issued, but not seriously enough to be examined for
penal liability.
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Section 2. FORMS OF
SANCTION AGAINST ON VIOLATIONS IN THE MANAGEMENT AND BUILDING OF MILITIA
Article 14.- Regarding
the evasion and hinderance of and opposition to the building and the activity
of the militia:
1. A fine of from 100,000 VND to 500,000 VND
shall be imposed on those persons who evade service in the militia, or hinder
the building of the militia.
2. A fine of from 200,000 VND to 1,000,000 VND
shall be imposed on those persons who hinder officers and militiamen from doing
their duty of patrolling, guarding, or tracking down law breakers.
3. A fine of from 300,000 VND to 1,000,000 VND
shall be imposed on those persons who are opposed to the building of the
militia but not seriously enough to be examined for penal liability.
Article 15.- Violation
of the stipulations on the organization and use of militia forces:
1. A fine of from 200,000 VND to 1,000,000 VND
shall be imposed on those organizations or individuals who mobilize and use the
militia force to do a duty outside to its function and task.
2. A fine of from 500,000 VND to 2,000,000 VND
shall be imposed on those organizations or individuals that abuse their titles
and powers in organizing the militia force contrarily to law, but not seriously
enough to be examined for penal liability.
3. In addition to the fine, those organizations
or individuals that violate Point 1 of this Article must stop mobilizing and
using the militia force as such.
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1. A fine of from 50,000 VND to 200,000 VND
shall be imposed on one of the following violations:
a/ Abusing ones
name to act contrarily to the duty assigned.
b/ Showing irresponsibility in performing ones task and causing public disorder or
causing material losses or damage, but such violation is not serious enough to
be examined for penal liability.
2. A fine of from 100,000 VND to 500,000 VND
shall be imposed on those persons who illegally use weapons, but not seriously
enough to be examined for penal liability, or who willingly lend their weapons
to other persons (except in combat duty).
3. A fine of from 500,000 VND to 1,000,000 VND
shall be imposed on those persons who due to irresponsibility cause damage to
or lose their weapons or equipment, but not seriously enough to be examined for
penal liability.
4. In addition to the fine, those who violate
the stipulations in this Article must also pay compensation for the damage, and
if they violate Points 2 and 3 of this Article, they will be stripped of their
permits to use weapons.
Section 3. FORMS OF
SANCTION AGAINST VIOLATIONS IN THE MANAGEMENT AND PROTECTION OF DEFENSE WORKS
AND MILITARY ZONES
Article 17.- Violation
of the stipulations on the entrance, exit and movement in the forbidden area,
protected area and the safety corridor of defense works and military zones:
1. A warning shall be served to those who
unintentionally enter, go out of or move about in the forbidden area or the
protected area of defense works or military zones.
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a/ From 50,000 VND to 200,000 VND shall be
imposed on those who intentionally enter, go out of or move about in the
protected area of defense works or military zones for the first time, without
committing any other violations.
b/ From 300,000 VND to 1,000,000 VND shall be
imposed on those who intentionally enter, go out of or move about in the
forbidden area of defense works or military zones without a permit from the
authorized agency.
Article 18.- Violation
of the stipulations on shooting films, taking photos or drawing pictures of
defense works or military zones, but is not serious enough to be examined for
penal liability:
1. A fine of from 200,000 VND to 1,000,000 VND
shall be imposed on those who shoot films, take photos or draw pictures in the
forbidden area without a permit from the authorized level.
2. A fine of from 100,000 VND to 500,000 VND
shall be imposed on those who shoot films, take photos, or draw a map of the
protected area of defense works or military zones without a permit from the
level in charge of the project.
3. A fine of from 50,000 VND to 200,000 VND
shall be imposed on those who shoot films, take photos, or draw a map in the
safety corridor of defense works or military zones without a permit from the
authorized level.
4. In addition to the fine, those persons who
violate the stipulations in this Article shall have their means and exhibits
confiscated.
Article 19.- Regarding
the study of the position, effect and structural contents of defense works or
military zones:
1. A fine of from 500,000 VND to 2,000,000 VND
shall be imposed on those who study the position, effect, structural contents
and take note of the figures concerning defense works or military zones not in
accordance with their function and task and without a permit from the
authorized level, but such violation is not yet serious enough to be examined
for penal liability.
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Article 20.- Spreading
news about defense works or military zones:
A fine of from 500,000 VND to 2,000,000 VND
shall be imposed on those who spread news revealing the secrecy of defense
works or military zones, or the places where defense works or military zones
are located, but not seriously enough to be examined for penal liability.
Article 21.- Land
encroachment and illegal exploitation in the area of defense works or military
zones:
1. A fine of from 1,000,000 VND to 5,000,000 VND
shall be imposed on those who encroach on the land and exploit earth or rock on
top of, around or under defense projects or military zones; who fell or destroy
camouflage trees in defense works or military zones, or encroach on the
landmarks or signs of the area.
2. In addition to the fine, the offender must
restore the original state of the defense works or military zone, and pay
compensations for the damage caused by the violation.
Article 22.-
Dismantling and damaging defense works:
1. A fine of from 10,000,000 VND to 50,000,000
VND shall be imposed on those who dismantle and damage the foundation, walls,
frame works, floor and equipment of defense works and projects in the civilian
defense system but not seriously enough to be examined for penal liability.
2. In addition to the fine, the offender must
restore the original state of the defense works and pay compensations for the
damage caused by the violation.
Article 23.- Illegal
use of defense works:
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2. In addition to the fine, the offender must
restore the original state of the defense works or military zone, and pay
compensations for the damage caused by the violation.
Article 24.- Building
projects and installing equipment affecting defense works and military zones:
1. A fine of from 5,000,000 VND to 20,000,000
VND shall be imposed on those who build projects without getting the approval
of the agency directly in charge of defense works or military zones, and
without a permit from the authorized level, affecting defense works or military
zones.
2. A fine of from 500,000 VND to 2,000,000 VND
shall be imposed on those who install equipment, affecting the structure,
effect, safety and secrecy of defense works or military zones.
3. In addition to the fine, the offender must
still dismantle the project illegally built, remove the equipment, and pay
compensations for the damage caused by the violation.
Article 25.- Letting
waste matter or toxic substances penetrate and cause damage to defense works:
1. A fine of from 1,000,000 VND to 5,000,000 VND
shall be imposed on those who dump garbage or other waste matter into or beside
defense works, store or use chemical substances, discharge toxic substances or
waste matter in the area of defense works, which erode defense works or destroy
its structure or equipment.
2. In addition to the fine, the offender must
repair the project and pay compensations for the damage caused by the
violation.
Section 4. FORMS OF
SANCTION AGAINST VIOLATIONS IN THE USE OF NUMBER PLATES OF MILITARY TRANSPORT
MEANS AND VEHICLES, AND VIOLATION OF THE STIPULATIONS ON THE MANAGEMENT OF
MILITARY EQUIPMENT
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1. A fine of from 1,000,000 VND to 5,000,000 VND
shall be imposed on those who store, circulate or illegally buy and sell the
number plates of military transport means and vehicles (real or fake).
2. A fine of from 2,000,000 VND to 5,000,000 VND
shall be imposed on those who illegally use the number plates of military
transport means or who disguise their transport means or vehicles as military
ones.
3. A fine of from 5,000,000 VND to 10,000,000
VND shall be imposed on those who illegally produce number plates of military
transport means and vehicles.
4. In addition to the fine, the guilty
organization or individual must also:
a/ Have their exhibits confiscated for violating
Point 1 of this Article.
b/ Be stripped of the right to use their license
for up to 6 months for violating Point 2 of this Article.
c/ Have their means and exhibits confiscated for
violating Point 3 of this Article.
Article 27.- Violation
of the stipulations in the management of military equipment:
1. A fine of from 100,000 VND to 500,000 VND shall
be imposed on those who unlawfully wear military uniform with army badge,
stripe, badge and a conifer branch, or unlawfully buy and sell a negligible
quantity of formal dress, ordinary army uniform, combat uniform, uniform of
specialized services with army badge, badge, stripe, conifer branch, cap and
combat helmet, and use other military equipment exclusively reserved for the
armymen on mission.
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3. In addition to the fine, the offenders shall:
a/ Have their army uniforms confiscated for
violating Point 1 of this Article.
b/ Have their means and exhibits confiscated for
violating Point 2 of this Article.
Chapter III
POWERS AND PROCEDURE TO
SANCTION ADMINISTRATIVE VIOLATIONS IN DEFENSE WORK
Article 28.- The powers
of the People’s Committees of different levels in sanctioning administrative
violations:
The Presidents of the People’s Committees of
different levels can impose fines within their powers stipulated in Articles
26, 27 and 28 of the Ordinance on the handling of administrative violations in
the area under their management with regard to violations mentioned in this
Decree.
Article 29.- The powers
of the Defense Inspectors in sanctioning administrative violations:
1. The Defense Inspectors can sanction
administrative violations mentioned in this Decree and administrative
violations in the management and use of land exclusively reserved for defense
work, in the management of dwelling houses being managed by the army according
to current regulations of the Government.
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- Serve a warning;
- Impose a fine of up to 200,000 VND;
- Confiscate the exhibits and means used in
committing an administrative violation with a total value of up to 500,000 VND;
- Force the restoration of the original state of
things which has been changed by the administrative violation, or force the
dismantling of the project illegally built.
b/ The Chief Defense Inspectors of the provinces
and cities under the Central Government can:
- Serve a warning;
- Impose a fine of up to 10,000,000 VND;
- Confiscate the exhibits and means used in
committing the administrative violation;
- Force the restoration of the original state of
things which has been changed by the administrative violation, or force the
dismantling of the project illegally built;
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c/ The General Inspector of the Defense Ministry
can:
- Serve a warning;
- Impose a fine of up to 20,000,000 VND;
- Apply the forms of supplementary fining and
other measures stipulated in Item 2 and Item 3 of Article 11 of the Ordinance
on the handling of administrative violations.
Article 30.- The powers
of the police in fining administrative violations:
The People’s Police can impose fines within its
powers stipulated in Article 29 of the Ordinance on the handling of
administrative violations with regard to administrative violations in the
management and protection of defense works or military zones, violations in the
use of number plates of military vehicles and in the management of army
uniforms stipulated in this Decree.
Article 31.- The powers
of the market control agency in sanctioning administrative violations:
The market control force can impose sanctions as
stipulated in Article 33 of the Ordinance on the handling of administrative
violations with regard to the violations in the management of military uniforms
stipulated in this Decree.
Article 32.- If an
administrative violation is liable to a sanction within the powers of many
State agencies, the sanction shall be imposed by the first State agency that
deals with it as stipulated in Item 3, Article 37, of the Ordinance on the
handling of administrative violations.
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Those individuals and organizations who are
fined for committing administrative violations in defense work must pay the
fine at the designated place. If they try to evade it or pay it not within the
set time limit, they shall be compelled to do it as provided for by law.
Those who impose fines are strictly forbidden to
collect the fine on the spot.
Article 34.- The order
and procedure of fining:
The order and procedure of fining must comply
with the stipulations of the Ordinance on the handling of administrative
violations.
With regard to violations of the stipulations in
the implementation of the Law on Military Service, the building of reserve
forces for mobilization, and the management and building of militia, the heads
of the militia forces of communes, districts and provinces in cooperation with
the police service of the same level shall make a report to the President of
the People’s Committee of the same level and suggest him to impose a fine
within his powers.
Article 35.- Forcible
application of the sanctioning decision on administrative violations:
1. If those individuals or organizations
sanctioned for administrative violations refuse to comply with the sanctioning
decision, they shall be compelled to do it by the measures stipulated in
Article 55 of the Ordinance on the handling of administrative violations.
2. The person authorized to impose fines can
issue a decision forcing compliance and must have it enforced.
3. The People’s Police Force must carry out the
decision on forcible application of the People’s Committee of the same level,
and cooperate with other State agencies to organize the implementation of their
decision on forcible application upon request.
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5. Any individual or organization forced to
comply must pay for all expenses on the application of compulsory measures.
Article 36.- Complaints
and denunciation:
a/ Those individuals or organizations sanctioned
for administrative violations or their legitimate representative can lodge
complaints about the sanctioning decisions as stipulated in Chapter VIII of the
Ordinance on the handling of administrative violations.
b/ All citizens can denounce the administrative
violations of individuals and organizations and the violations of the persons
authorized to impose sanctions against administrative violations to the
authorized State agencies.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 37.- This
Decree takes effect from the date of its signing. All stipulations made earlier
which are contrary to this Decree are now annulled.
Article 38.- The Minister
of Defense, the Minister of the Interior, the Minister of Trade, and the
Minister of Finance within their function and task shall have to give detailed
guidance on and organize the implementation of this Decree.
Article 39.- The
Ministers, the Heads of ministerial-level agencies, the Heads of the agencies
attached to the Government, and the Presidents of the People’s Committees of
the provinces and cities directly under the Central Government shall have to
implement this Decree.
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ON BEHALF OF
THE GOVERNMENT,
THE PRIME MINISTER
,
Vo Van Kiet