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THE
GOVERNMENT OF VIETNAM
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No:
282/2025/ND-CP
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Hanoi,
October 30, 2025
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DECREE
PRESCRIBING PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS
ON SOCIAL SECURITY, ORDER, AND SAFETY; PREVENTION AND COMBAT OF SOCIAL ISSUES;
PREVENTION AND COMBAT AGAINST DOMESTIC VIOLENCE
Pursuant to the Law on
Government Organization No. 63/2025/QH15;
Pursuant to the Law on Penalties
for Administrative Violations No. 15/2012/QH13, amended by Law No. 67/2020/QH14
and Law No. 88/2025/QH15
Pursuant to the Law on Judicial
Record No. 28/2009/QH12;
Pursuant to the Law on Entry,
Exit, Transit and Residence of Foreigners in Vietnam No. 47/2014/QH13, amended
by Law No. 51/2019/QH14 and Law No. 23/2023/QH15;
Pursuant to Law on Guard No.
13/2017/QH14 amended by Law No. 40/2024/QH15;
Pursuant to Law on Protection of
State Secrets No. 29/2018/QH14;
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Pursuant to the Law on Entry and
Exit of Vietnamese citizens No. 49/2019/QH14, amended by Law No. 23/2023/QH15;
Pursuant to the Law on Residence
No. 68/2020/QH14;
Pursuant to Law on Environmental
Protection No. 72/2020/QH14;
Pursuant to Law on Prevention
and Control of Narcotic Substances No. 73/2021/QH14;
Pursuant to the Law on
Prevention and Control of Domestic Violence No. 13/2022/QH15;
Pursuant to Law on
Identification No. 26/2023/QH15;
Pursuant to Law on
Grassroots-level Security and Order Protection Forces No. 30/2023/QH15;
Pursuant to Law on Management
and Use of Weapons, Explosive Materials and Support Instruments No.
42/2024/QH15;
Pursuant to the Ordinance on
Prostitution Prevention and Combat No. 10/2003/PL-UBTVQH11;
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The Government hereby issues a
Decree prescribing penalties for administrative violations against regulations
on social security, order, and safety; prevention and combat of social issues;
prevention and combat against domestic violence.
Chapter I
GENERAL REGULATIONS
Article 1.
Scope
1. This Decree regulates
administrative violations, penalties, fines, remedial measures for each
violation, authority for making records of administrative violations, authority
for imposing penalties and fines according to each title for administrative
violations against regulations on social security, order, and safety;
prevention and combat of social issues; prevention and combat against domestic
violence.
2. Other the Government’s Decrees
on penalties for administrative violations against relevant regulations shall
apply to other administrative violations that are directly related to social
security, order and safety; prevention and combat of social issues; prevention
and combat against domestic violence that are not provided for in this Decree.
Article 2.
Regulated entities
1. Vietnamese organizations and
individuals, foreign organizations and individuals that commit administrative
violations against regulations on social security, order and safety; prevention
and combat of social issues; prevention and combat against domestic violence
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.
2. Vietnamese citizens and
organizations that commit the violations specified herein outside the territory
of the Socialist Republic of Vietnam may also be subject to administrative
penalties specified herein.
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Article 3.
Administrative penalties and remedial measures, regulations on administrative
violations that have ended or are being committed and administrative penalties
for repeated violations
1. Administrative penalties
specified herein include:
a) Warnings;
b) Fines.
2. Additional penalties specified
herein include:
a) Suspension of practicing
licenses/certificates;
b) Suspension of operation;
c) Confiscation of exhibits and/or
instrumentalities of the administrative violations (hereinafter referred to as
“exhibits and/or instrumentalities”).
d) Expulsion.
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a) Remedial measures prescribed in
Points a, c, e and I of Clause 1 of Article 28 of the Law on Penalties for Administrative
Violations (amended in 2020 and 2025) (hereinafter referred to as the Law on
Penalties for Administrative Violations);
b) Other measures prescribed in
Chapter II hereof.
4. Procedures for executing
remedial measures of enforced return of the practicing license/certificate:
a) The authority person shall issue
the decision to execute remedial measures; the violating entity shall execute
remedial measures of enforced return of the practicing license/certificate in
accordance with Clauses 1, 2, 3 and 4 of Article 85 of the Law on Penalties for
Administrative Violations;
b) The authority person that issue
the decision to execute remedial measures as prescribed in point a of this
clause must notify in writing the competent entity that have granted the
practicing license/certificate;
c) If the practicing
license/certificate is issued in electronic form or represented as a data
message, the competent entity shall enforce the return of the practicing
license/certificate online as prescribed, provided that the conditions on
infrastructure, technical, and information are satisfied. The status of the
enforced return of the practicing license/certificate shall be updated on the
database or electronic identity card (eID card), or electronic identification account
(eID account) as prescribed.
5. Administrative violations that
have ended or are being committed shall be determined based on the regulations
in Clause 1, Article 8 of Decree No. 118/2021/ND-CP dated December 23, 2021, by
the Government on elaboration and implementation of the Law on Penalties for
Administrative Violations (as amended by Decree No. 68/2025/ND-CP dated March
18, 2025, and Decree No. 190/2025/ND-CP dated July 1, 2025, of the Government)
(hereinafter referred to as “Decree No. 118/2021/ND-CP").
6. Entity who repeatedly commit
administrative violations shall be subject to penalties for each act of
violation, except for violations specified in point c of Clause 2 of Article
12; points e and i of Clause 2; points p, q, and t of Clause 3; points d and dd
of Clause 4 of Article 15; Articles 32, 33, and 36 hereof, which are discovered
at the same time but have not been imposed penalties and the prescriptive
period has not expired, shall be subject to penalties for the violation once
and simultaneously subject to the aggravating circumstance of repeated
administrative violations for that violation.
Article 4.
Execution of administrative penalties decisions, determination of illegal
profits earned from administrative violations, and administrative penalty
dossiers
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2. The illegal profits earned from
administrative violations prescribed herein are assets, money, valuable papers,
or other property earned from administrative violations, are determined as
follows:
a) Illegal profits earned in form
of money are the entire amount of money that the entity earned from the
administrative violation, calculated by the amount earned from the transfer or
consumption of goods or provision of violating services after deducting the
direct costs constituting the goods or services, based on documents and
evidence proving the legitimacy and validity of such costs provided by the
violating entity;
b) Illegal profits earned in form
of valuable papers are all valuable papers that the violating entity earned
from the administrative violation. If the valuable papers have been sold, the
illegal profits shall be determined by the actual amount received at the time
of sale; if the valuable papers have been dispersed of or destroyed, the
illegal profits be determined by the book value of the organization issuing
such valuable papers at the time of being dispersed or destroyed;
c) Illegal profits that are other
items and assets earned from administrative violations committed by violating
entities are other assets as prescribed by the Civil Code. If such items and/or
assets have been sold, consumed, or destroyed, the illegal profits are
determined by the equivalent amount of the market value of similar assets, or
determined based on the book value of the assets (if there is no market value),
or determined by the monetary value of the assets declared on the export/import
declaration (if the goods are exported or imported) of the violating entity,
after deducting the direct costs constituting the goods based on documents and
evidence proving the legitimacy and validity of those costs.
3. Minutes/records, materials,
documents or other related papers recording the execution of penalties and
remedial measures must be included in the administrative penalties dossier as
prescribed in Article 57 of the Law on Penalties for Administrative Violations.
Article 5.
Regulations on maximum fines and organizations subject to administrative
penalties
1. The maximum fines are VND
30.000.000 for individuals and VND 60.000.000 for organizations committing
violations against regulations on prevention and control of domestic violence;
VND 40.000.000 for individuals and VND 80.000.000 for organizations committing
violations against regulations on security, order, and social safety; VND
75.000.000 for individuals and VND 150.000.000 for organizations committing
violations against regulations on prevention and control of social evils.
2. The fines specified in Chapter
II hereof shall be imposed on administrative violations committed by
individuals. For organizations committing the same violations, the fines shall
be twice the amount of the fines imposed on individuals.
3. Organizations prescribed in
Clauses 1 and 2 of this Article include:
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b) The Vietnam Fatherland Front,
socio-political organizations, socio-political-professional organizations,
social organizations, social-professional organizations, social funds,
charitable funds, non-governmental organizations, and organizations affiliated
to these organizations;
c) State agencies, people’s armed
forces units, agencies under the organizational system of the Communist Party
of Vietnam (CPV) (excluding agencies or units committing violations that
are within their assigned state management responsibilities);
d) Public service providers;
dd) Religious organizations,
affiliated religious organizations, foreign organizations;
e) Other organizations established
under the law.
4. Households and household
businesses registered under the law that violate the regulations herein shall
be subject to the same penalties as individuals.
Article 6.
Prescriptive periods
1. The prescriptive period for
administrative violations against regulations on social security, order, and
safety; prevention and combat of social issues; prevention and combat against
domestic violence is 01 year.
2. Determination of prescriptive
periods for imposition of administrative penalties as prescribed in Clause 1 of
this Article shall follow Article 6 of the Law on Penalties for Administrative
Violations.
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1. Violations prescribed in Article
37; Article 39; points a and c of Clause 1, Clause 2 of Article 40; Clause 1,
point a of Clause 2 of Article 41; and Article 45 hereof may also be subject to
penalties imposed on persons who are divorced.
2. Violations prescribed in Article
37; point a of Clause 1 of Article 38; Article 39; Clauses 1, 2, and 3 of
Article 40; Clauses 1 and 2 of Article 41; points c, d, and dd Clause 1 of
Article 44; and Article 45 hereof may also be subject to penalties imposed on
persons cohabiting.
3. Violations prescribed in Article
37; Clause 1 of Article 39; points a and c of Clause 1, point a of Clause 2 of
Article 40 hereof may also be subject to penalties imposed on persons who are
step-parents, step-children, or siblings of persons who are divorced or
cohabiting.
4. Violations prescribed in Article
37; Article 39; Clause 2 of Article 40; Clause 1, point a of Clause 2 of
Article 41; and Article 45 hereof may also be subject to penalties imposed on
persons who used to have an adoptive parent-child relationship.
Chapter II
ADMINISTRATIVE
VIOLATIONS, PENALTIES, AND REMEDIAL MEASURES
Section 1.
ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON SOCIAL SECURITY, ORDER, AND
SAFETY
Article 8.
Violations against regulations on public order
1. A warning or a fine ranging from
VND 500.000 to VND 1.000.000 shall be imposed on one of the following
violations:
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b) Letting domestic animals 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 serious to an extent that the
violators are 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 VND
2.000.000 to VND 3.000.000 shall be imposed on one 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;
c) Letting domestic animals cause
injuries or damage to property of another organization or individual;
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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 not
within the permitted time, location, area, coordinates, and limits;
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) Failing 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 work without permission of a competent authority.
3. A fine ranging from VND
3.000.000 to VND 4.000.000 shall be imposed on one of the following violations:
a) Insulting the dignity or honor
of another person but not serious to an extent that the violators are liable to
criminal prosecution or taunting, teasing, insulting, humiliating another
person but not serious to an extent that the violators are liable to criminal
prosecution, except cases specified in point b of Clause 2 of Article 26;
Clauses 1 and 2 of Article 39 hereof;
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c) Intentionally 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) 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;
e) 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;
g) 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;
h) Designing, manufacturing,
repairing, maintaining, testing UAVs or ultralight aircrafts, engines,
propellers and parts thereof that fail to satisfy security, safety standards
and environmental conditions as prescribed by law.
4. A fine ranging from VND
4.000.000 to VND 6.000.000 shall be imposed on one of the following violations:
a) Disrupting public order or
organizing, hiring, enticing, tempting others to cause disruption
of public order but not serious to an extent that the violators are liable to
criminal prosecution, except cases specified in point c of Clause 4 and point b
o Clause 5 of this Article;
b) Storing or hiding on person, in
belongings, or vehicles any tools or instruments capable of causing injury with
intent to disrupt public order, cause injury, or harm to others’ health;
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d) Gathering, joining crowds
illegally at CPV agency, State agency or a location/area where crowds are
banned.
dd) 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;
e) Entering a protected area or
guard post thereof without permission;
g) Using an UAV or ultralight
aircraft to fly a flag, banner, drop fliers or play audio propaganda against
the flight permit;
h) Writing, spreading, circulating
documents or images that are meant to slander another organization or
individual, or carrying banners, flags, banners with content opposing the CPV’s
guidelines and policies or State laws except the case specified in Clause 1 of
Article 101 of the Government’s Decree No. 15/2020/ND-CP on penalties for
administrative violations against regulations on postal services,
telecommunications, radio frequencies, information technology and electronic
transactions (amended by Government’s Decree No. 14/2022/ND-CP dated January
27, 2022).
5. A fine ranging from VND
6.000.000 to VND 8.000.000 shall be imposed on one of the following violations:
a) Deliberately inflicting injuries
or bodily harm to another person but not serious to an extent that the
violators are liable to criminal prosecution, except cases specified in clause
2 and point b of clause 3 of Article 37 hereof;
b) Disrupting public order while
carrying tools, objects, or means capable of causing injury but not serious to
an extent that the violators are liable to criminal prosecution;
c) Filming, photographing, charting
an restricted area that is relevant to defense and security;
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dd) Engaging in sexual acts in
public;
e) 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;
g) Using UAVs and ultralight
aircrafts to launch drop harmful or dangerous objects or substances without
permission;
h) Molestation of a person under 16
but not serious to an extent that the violators are liable to criminal
prosecution;
6. A fine ranging from VND
8.000.000 to VND 9.000.000 shall be imposed for using UAVs and ultralight
aircrafts to perform aerial photography or videography without permission.
7. A fine ranging from VND
9.000.000 to VND 12.000.000 shall be imposed for operating UAVs and ultralight
aircrafts against the license issued by a competent authority.
8. A fine ranging from VND 12.000.000
to VND 15.000.000 shall be imposed for operating UAVs and ultralight aircrafts
against orders and signals of the flight operation and supervision authority.
9. A fine ranging from 15.000.000
VND to 20.000.000 VND shall be imposed for designing, manufacturing, repairing,
maintaining, and testing UAVs or ultralight aircrafts, engines, propellers and
parts thereof without a license issued by a competent authority.
10. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed on one of the following
violations:
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b) Committing rape or sexual abuse
but not serious to an extent that the violators are liable to criminal
prosecution, except cases specified in point b of clause 2 of Article 41
hereof.
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 violations
shall be subject to penalties in accordance with the Government’s Decrees on
administrative penalties for environmental protection-related penalties and
relevant legislative documents.
13. Additional penalties:
a) Confiscation of the exhibits
and/or instrumentalities for the violations specified in Points a, d, đ and g
of clause 2; points a, b, c, d, dd, g and h of clause 4; points a, b, c and g
of clause 5; clause 6; point a of clause 10 of this Article;
b) Suspension of the license to
design, manufacture, repair, maintain, test UAVs or ultralight aircrafts,
engines, propellers and parts for 03 to 06 months for violations under points g
and h of Clause 3 of this Article;
c) Suspension of flight licenses
for 03 to 06 months for violations under Clauses 6, 7, 8, and 11 of this
Article;
d) Based on the nature, severity,
consequences of the violation, type of violators, mitigating or aggravating
circumstances, and expulsion may be applied to foreigners who commit
administrative violations under points dd and e of Clause 4 of this Article.
14. Remedial measures:
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b) Enforced rectification of false
or confusing information in case of violations specified in Point a of Clause
3; Point h of Clause 4 of this Article;
c) Enforced public apology at home,
workplace, another venue, or through mass media in case of violations specified
in point a of Clause 3, and point d of Clause 5 of this Article, except when
the victim requests otherwise;
d) Enforced environmental recovery
in case of violations specified in Point h of Clause 5 of this Article;
dd) Enforced payment of the entire
medical cost in case of violations specified in point d of Clause 1; point c of
Clause 2; point b of Clause 3; and point a of Clause 5 of this Article.
Article 9.
Violations against regulations on public c
1. A warning or a fine ranging from
VND 500.000 to VND 1.000.000 shall be imposed on one of the following
violations:
a) Failure to comply with
regulations on maintaining serenity in medical establishments, sanitariums,
schools or other places with such regulations;
b) Selling food and/or drink past
the hour specified in by the People’s Committee of the province/city.
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.
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4. Additional penalties:
Confiscation of the exhibits and/or
instrumentalities for the violations specified in clause 2 of this Article.
Article 10.
Violations against regulations on residence management and registration
1. A warning or a fine ranging from
VND 500.000 to VND 1.000.000 shall be imposed on one of the following
violations:
a) Failing 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 or failing to declare
residence information;
b) Failing to comply with
regulations on notification of residence and temporary absence;
c) Failing to present
residence-related documents or residence information on the national identification
application upon request by competent authorities.
2. A fine ranging from VND
2.000.000 to VND 4.000.000 shall be imposed on one of the following violations:
a) Erasing, altering, or falsifying
the content of residence confirmation, or other residence-related documents;
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c) Buying, selling, renting, or
leasing out residence confirmations or other residence-related documents for
commission of illegal acts;
d) Residing in a new lawful
residence but falling to carry out procedures for change of residence despite
eligibility therefor;
dd) Operating a lodging
establishment, tenement, treatment facility, tourist accommodation,
accommodation of industrial park 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 residence-related
documentation or receiving them as pledge;
h) Destroying the residence-related
documentation;
3. A fine ranging from VND
4.000.000 to VND 8.000.000 shall be imposed on one of the following violations:
a) Letting another person to join
the residence for personal gain;
b) Operating a lodging
establishment, tenement, treatment facility, tourist accommodation,
accommodation of industrial park or any other lodging facility without
notifying the accommodation of 04 - 08 guests;
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d) Obstructing or failing to comply
with inspections of permanent residence, temporary residence, temporary stay,
temporary absence, or residence in accordance with law.
4. A fine ranging from VND
8.000.000 to VND 12.000.000 shall be imposed on one of the following
violations:
a) Providing false information,
documents, or materials about residence to register permanent residence,
temporary residence, declare residence information, household division, adjust
residence information in the Residence Database, deregister permanent
residence, deregister temporary residence, extend temporary residence, declare
temporary absence, issue other residence-related documents, or to carry out
other illegal acts;
b) Forging data or using forged
residence data to register permanent residence, temporary residence, declare
residence information, household division, adjust residence information in the
Residence Database, deregister permanent residence, deregister temporary
residence, extend temporary residence, declare temporary absence, issue other
residence-related documents, or to carry out other illegal acts;
c) Forging residence information or
using forged residence information on the national identification application;
d) Operating a lodging
establishment, tenement, treatment facility, tourist accommodation of
industrial park or any other lodging facility without notifying the
accommodation of 09 guests or more;
5. Additional penalties:
Confiscation of the exhibits and/or
instrumentalities for the violations specified in Points a and h of Clause 2;
points a, b and c of Clause 4 of this Article;
6. Remedial measures:
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Article 11.
Violations against regulations on issuance, management, use of citizen ID
cards, 12-digit ID cards, electronic identification or ID certificates
1. A warning or a fine ranging from
VND 500.000 to VND 1.000.000 shall be imposed on one of the following
violations:
a) Failing to present the citizen
ID card, 12-digit ID card, electronic identification, or ID certificate upon
inspection request by competent authorities;
b) Failing to comply with laws on issuance,
reissuance, or replacement of citizen ID cards, 12-digit ID cards, electronic
identification or ID certificates, except for cases specified in Clause 3 of
this Article;
c) Failing to submit the citizen ID
card, 12-digit ID card, or ID certificate to the agencies executing detention
order, sentences including imprisonment, compulsory education at reformatory,
correctional institution or rehabilitation center as prescribed by law; failing
to submit the citizen ID card, 12-digit ID card, or ID certificate to the
identity management agency in case of replacement of the ID card/ID certificate
or cancellation/re-establishment of personal identification numbers.
2. A fine ranging from VND
2.000.000 to VND 4.000.000 shall be imposed on one of the following violations:
a) Appropriating, or illegally
using canceled citizen ID cards, 12-digit ID cards, electronic identification,
ID certificates, or personal identification number confirmation documents that
have been canceled with re-established personal identification numbers of
others;
b) Erasing, altering, or falsifying
contents of citizen ID cards, 12-digit ID cards, electronic identification, ID
certificates or personal identification number confirmation documents that have
been canceled with re-established personal identification numbers;
c) Destroying or intentionally
damaging citizen ID cards, 12-digit ID cards, electronic identification, ID
certificates or personal identification number confirmation documents that have
been canceled with re-established personal identification numbers;
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3. A fine ranging from VND
4.000.000 to VND 8.000.000 shall be imposed on one of the following violations:
a) Forging data or using forged
data to obtain 12-digit ID cards, electronic identification, ID certificates,
or personal identification number confirmation documents that have been
cancelled with re-established personal identification numbers;
b) Providing false information or
documents to obtain 12-digit ID cards, electronic identification, ID
certificates, or personal identification number confirmation documents that
have been cancelled with re-established personal identification numbers.
4. A fine ranging from VND
8.000.000 to VND 10.000.000 shall be imposed on one of the following
violations:
a) Using fake citizen ID cards,
fake 12-digit ID cards, fake electronic identification, fake ID certificates,
or fake personal identification number confirmation documents that have been
canceled with re-established personal identification numbers; using expired
citizen ID cards, fake 12-digit ID cards to carry out illegal acts;
b) Pledging citizen ID cards,
12-digit ID cards, ID certificates or personal identification number
confirmation documents that have been canceled with re-established personal
identification numbers or receiving them as pledge;
c) Renting or leasing out citizen
ID cards, 12-digit ID cards, ID certificates or personal identification number
confirmation documents that have been canceled with re-established personal
identification numbers.
5. Additional penalties:
Confiscation of the exhibits and/or
instrumentalities for the violations specified in Points b and c of Clause 2,
Clause 3 and Clause 4 of this Article.
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a) Enforced return of citizen ID
cards, 12-digit ID cards, electronic identification, ID certificates or
personal identification number confirmation documents that have been canceled
with re-established personal identification numbers in case of violations at
point c of Clause 1, points a and d of Clause 2 of this Article;
b) Enforced return of the illegal
profits earned from commission of the administrative violations specified in
points b and c of Clause 4 of this Article.
Article 12.
Violation against regulations on management and use of weapons, explosive
materials, explosive precursors and support instruments
1. A fine ranging from VND
2.000.000 to VND 4.000.000 shall be imposed on one of the following violations:
a) Failing to implement or failing
to fully implement regulations on periodic inspection of weapons and support
instruments issued;
b) Failing to fully declare and
register weapons and support instruments to competent authorities;
c) Violating regulations on
preservation of military explosive materials, weapons, and support instruments;
d) Failing to submit periodic
reports on the status and results of management and use of military explosive
materials, weapons, and support instruments as prescribed;
2. A fine ranging from VND
4.000.000 to VND 10.000.000 shall be imposed on one of the following
violations:
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b) Failing to present or surrender
licenses, certificates, or permits related to weapons, explosive materials,
explosive precursors, or support instruments as required by law;
c) Circulating expired licenses,
certifications, certificates related to management and use of military
explosive materials, weapons, and support instruments;
d) Assigning military explosive
materials, weapons and/or support instruments to wrong or unqualified agencies,
organizations or persons as prescribed by law;
dd) Assigning unqualified persons to
manage the warehouse or depot where weapons, explosive materials and/or support
instruments are stored;
e) Failure to prepare a place for
storage of weapons, explosive materials and/or support instruments as
prescribed by law;
g) Carrying a weapon or support
instrument without bringing together their certificate, license, or
confirmation of registration;
h) Illegally buying, selling,
exchanging, giving, lending, borrowing, renting, leasing out, searching for,
collecting, or pledging, appropriating scraps and wastes of military explosive
materials, weapons, or support instruments;
i) Fabricating, manufacturing,
buying, selling, equipping, exporting, importing, transporting, or repairing
licensed military explosive materials, weapons, or support instruments without
complying with the license content.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on one of the following
violations:
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b) Appropriating, buying, selling,
exchanging, giving away, borrowing, lending, renting, leasing out, pledging
licenses, certifications, certificates related to military explosive materials,
weapons, or support instruments, or receiving them as pledge;
c) Concealing, failing to report or
assisting illegal fabrication, production, purchase, sale, export, import,
storage, transport, repair, modification, use or destruction of military
explosive materials, weapons, or support instruments;
d) Transporting or destroying
military explosive materials, weapons, and/or support instruments that are
unsafe or affect the environment;
dd) Failing to carry out testing,
inspection, assessment and registration of weapons or support instruments as
prescribed by laws on management of product quality before initiation
production, sale, use in Vietnam;
e) Deliberately providing false
information about management of military explosive materials, weapons, or
support instruments; Failing to report or promptly report, concealing or
falsifying information about loss, accidents, incidents relevant to military
explosive materials, weapons, or support instruments;
g) Losing equipped support
instruments;
h) Transporting or trading military
explosive materials, weapons, or support instruments without license from
competent authorities;
i) Failing to comply with or
obstructing inspection of military explosive materials, weapons, or support
instruments upon request by competent authorities;
k) Failing to surrender weapons,
explosive materials, or support instruments as required by law but not serious
to an extent that the violators are liable to criminal prosecution;
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4. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed on one of the following
violations:
a) Illegally searching, collecting
weapons, explosive materials, support instruments or illegally sawing, cutting,
chiseling or otherwise disassembling military weapons;
b) Losing equipped military weapons
or sporting weapons;
c) Illegally instructing, training,
organizing training on fabricating, manufacturing, repairing, assembling, or
using weapons, explosive materials, or support instruments, or illegally
advertising them in any form;
d) Illegally using weapons,
explosive materials, or support instruments, but such act has not resulted in
consequences
dd) Illegally exchanging, gifting,
giving away, receiving, aiding, sending, borrowing, lending, renting, or
leasing out weapons, explosive materials, explosive precursors, or support
instruments, or pledging them;
e) Erasing or altering content of
licenses, certifications, certificates related to military explosive materials,
weapons, or support instruments.
5. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed on one of the following violations:
a) Illegally fabricating, storing,
transporting, using, buying, selling, or appropriating sporting weapons, cold
weapons, or support instruments nut not serious to an extent that the violators
are liable to criminal prosecution, or illegally manufacturing, exporting,
importing, repairing, or modifying them;
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c) Illegally fabricating,
producing, buying, selling, exporting, importing, storing, transporting,
repairing, modifying, using, or appropriating military weapons or explosive materials
but not liable to criminal prosecution;
d) Illegally transporting or
bringing weapons, explosive materials, explosive precursors, or support
instruments into/out of Vietnam or bringing them into prohibited areas,
protected zones, protected targets and public places but not liable to criminal
prosecution;
dd) Taking advantage of management
and use of weapons, explosive materials, explosive precursors, or support
instruments to violate national security, social order and safety, human lives and
health, property, legitimate rights and interests of authorities, organizations
and individuals;
e) Taking advantage of the
performance of tasks of preventing and combating violations against laws
related to weapons, explosive materials and support instruments to harass and
infringe upon the interests of the State, infringe upon legitimate rights and
interests or obstruct normal operations of organizations or individuals.
6. Administrative violations
related to management and use of industrial explosives and explosive precursors
not specified in this Decree shall be subject to penalties under the
Government’s Decree on penalties for administrative violations against
regulations on chemicals, industrial explosives, and related legislative
documents.
7. Additional penalties:
a) Confiscation of the exhibits
and/or instrumentalities for the violations specified in Points b and h of
Clause 2; points b, d, k and l of Clause 3; points a, c, d and dd of Clause 4;
points a, b, c, d and dd of Clause 5 of this Article;
b) Suspension of licenses,
certifications, or certificates related to weapons and support instruments from
3 months to 12 months for violations under point i of Clause 2; point d of
Clause 3; point d of Clause 4; point dd of Clause 5 of this Article.
8. Remedial measures:
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b) Enforced return of the illegal
profits earned from commission of the administrative violations specified in
Point h of Clause 2; Points b, d, and l of Clause 3; Points a, c, and d of
Clause 4; Points a, b, c, d, and d of Clause 5 of this Article;
c) Enforced return of licenses,
certifications, or certificates related to weapons and support instruments from
3 months to 12 months for violations under point c of clause 2; points a, d,
and g of clause 3; and points b and e of clause 4 of this Article.
Article 13.
Violations of regulations on management and use of pyrotechnics
1. A fine ranging from VND
2.000.000 to VND 5.000.000 shall be imposed on one of the following violations:
a) Failing to submit periodic
reports on the status and results of management and use of pyrotechnics as
prescribed;
b) Failing to comply with laws on
use of fireworks
2. A fine ranging from VND
2.000.000 to VND 5.000.000 shall be imposed for assigning fireworks or
explosives to unqualified authorities, organizations, or individuals.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on one of the following
violations:
a) Appropriating, buying, selling,
exchanging, gifting, giving away, borrowing, lending, renting, leasing out,
pledging licenses related to pyrotechnics;
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c) Transporting, storing, or
disposing of fireworks that are unsafe or affect the environment;
d) Failing to carry out testing,
inspection, assessment and registration of pyrotechnics as prescribed by laws
on management of product quality before initiation production, sale, use in
Vietnam;
dd) Erasing, altering, or
falsifying the content of any licenses related to pyrotechnics.
4. A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed on one of the following
violations:
a) Illegally instructing, training,
or organizing training on fabricating, manufacturing, or using pyrotechnics;
b) Taking advantage of management
and use of fireworks to violate national security, social order and safety,
human lives and health, property, legitimate rights and interests of
authorities, organizations and individuals;
c) Illegally bringing
pyrotechnics/pyrotechnic composition into/out of Vietnam or bringing them into
prohibited areas, protected zones, and protected targets;
d) Exchanging, gifting, giving
away, sending borrowing, lending, renting, leasing out, pledging firecrackers
or explosive for illegal manufacturing of pyrotechnics;
dd) Illegally using or
appropriating firecrackers, short-range fireworks, or pyrotechnic composition;
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5. The acts of illegally
fabricating, manufacturing, buying, selling, importing, exporting, storing, or
transporting fireworks or pyrotechnic composition shall be subject to the one
of the following fines:
a) From VND 2.000.000 to VND 5.000.000
for quantities under 05 kg of fireworks or under 0.5 kg of pyrotechnic
composition;
b) From VND 5.000.000 to VND
10.000.000 for quantities from 10 kg to under 20 kg of fireworks or from 0.5 kg
to under 01 kg of pyrotechnic composition;
c) From VND 10.000.000 to VND
20.000.000 for quantities from 10 kg to under 20 kg of fireworks or from 01 kg
to under 02 kg of pyrotechnic composition;
d) From VND 20.000.000 to VND
30.000.000 for quantities from 20 kg to under 40 kg of fireworks or from 02 kg
to under 05 kg of pyrotechnic composition;
dd) From VND 30.000.000 to VND
35.000.000 for quantities from 40 kg to under 50 kg of fireworks or from 05 kg
to under 10 kg of pyrotechnic composition;
e) From VND 35.000.000 to VND
40.000.000 for quantities of 50 kg or more of fireworks or 10 kg or more of
pyrotechnic composition.
6. Administrative violations
regarding illegal manufacturing, purchase, sale, import, export, storage, or
transport of firecrackers but not serious to an extent that the violators are
liable to criminal prosecution shall be subject to penalties under the
Government’s Decree on penalties for administrative violations against
regulations on commerce, production and trade in counterfeit and prohibited
goods, and protection of consumer rights and relevant legislative documents.
7. Additional penalties:
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b) Suspension of licenses related
to pyrotechnics for 03 to 06 months for violations under Clauses 6, 7, 8, and
11 of this Article.
8. Remedial measures:
a) Enforced environmental recovery
in case of violations specified in Point c of Clause 3 of this Article;
b) Enforced return of the illegal
profits earned from commission of the administrative violations specified in
Point a of Clause 3; Points a, c and d of Clause 4; Clause 5 of this Article;
c) Enforced return of licenses
related to pyrotechnics for 3 to 06 months for violations under Point d of
Clause 3 of this Article.
Article 14.
Violations against regulations on measures to ensure safety in the
manufacturing, trading, export, import, transport and use of highly lethal
knives
1. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed on one of the following violations:
a) Failing to notify the nearest
Police authority about the loss of highly lethal knives during manufacturing,
business, export, import, or transport;
b) Carrying highly lethal knives in
public places without securely and safely wrapping or storing them
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2. A fine ranging from VND
2.000.000 to VND 4.000.000 shall be imposed on one of the following violations:
a) Failing to strictly manage and
ensure safety, fire safety, and environmental protection during the
manufacturing of highly lethal knives; failing to properly wrap, package, or
box the products;
b) Failing to implement safety
measures during business, export, import, or transport of highly lethal knives;
c) Manufacturing, trading,
exporting, or importing highly lethal knives with unclear origin, without the
name of the manufacturing establishment or brand, mark on the product;
d) Failing to provide information
on quantity, product types, brand, or manufacturing establishment name of
highly lethal knives upon request by competent Police authorities as prescribed
by law.
3. Remedial measures:
Enforced implementation of safety
assurance measures during the manufacturing, business, export, import, and
transport of highly lethal knives in cases of violations specified in points a
and b of Clause 2 of this Article.
Article 15.
Violations against regulations on management of conditional business lines
subject to security and order conditions
1. A fine ranging from VND
2.000.000 to VND 3.000.000 shall be imposed on one of the following violations:
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b) Establishing and maintaining records
of business operations that are incorrect or incomplete according to
regulations of the Ministry of Public Security;
c) Failing to notify the
commune-level police authorities within 5 days from the start of business
operation, with attached copy of the certificate of security and order;
d) Failing to police authorities
that issued the certificate of security and order and the police authorities of
the commune where they operate within 10 days after business suspension;
dd) Failing to notify the issuing
police authority within 3 working days after losing the certificate of security
and order;
e) Failing to send a notice and
relevant documents to the police authority of the commune where the protected
target is located within 05 days from the date of deployment of the protected
target outside the province in which the security service provider is
headquartered;
g) Failing to issue or publicize
the procedures for receiving applications for manufacturing of seals and prices
thereof at the seal manufacturing facility;
h) Failing to present the original
certificate of security and order at the request of the competent police
authority for those that have been issued a paper certificate of security and
order.
2. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed on one 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;
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c) Failing to keep a logbook of
business operations that is suitable for the business lines as prescribed by
law;
d) Failing to develop a plan for
assurance of security and order in the business lines required to have such
plan by the law;
dd) Failing to have a warehouse or
an adequate warehouse for storage of materials, goods, products for sale as
required by law;
e) Hiring unqualified people to
work in business establishments subject to security and order conditions as
prescribed, except for cases specified in point t of clause 3 of this Article;
g) Failing to comply or failing to
maintain full compliance with regulations on assurance of security and order
responsibilities during conditional business activities;
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 arrange 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;
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n) Failing to notify the competent
police authority in writing at least 6 days before blasting operations.
3. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on one of the following
violations:
a) Failing 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;
c) Forging documents, materials in
order to obtain the certificate of security and order;
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 client
without transferring it to a competent police authority for registration as
prescribed by law;
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i) Receiving collateral without making
a mortgage contract as prescribed by law, except for cases specified in point l
of this Clause;
k) Receive collateral without
retention of the original copy or retention of the complete 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, or without retention of the pledged property, except in
cases where there is an agreement as prescribed by law;
l) Receiving collateral that is
owned by another person without valid authorization of the owner to the
mortgagor, except for cases specified in point i of this clause;
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 as prescribed by
law;
n) Manufacturing, importing,
buying, selling emergency signaling devices that exceed the standards for sound
and brightness of horns and lights as prescribed by law;
o) Employing a foreigner or a
Vietnamese national who resides overseas as the person in charge of security
and order of the private security provider or to directly operate the business
or as a private security guard;
p) Failing 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;
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t) Hiring a private security guard
who has not obtained the certificate of security guard training.
u) Failing to complete procedures
to reissue the certificate of security and order after there are changes to
information in such certificate;
v) Failure to fully follow
procedures for inspection and retention of information of guests and their
visitors as prescribed by law;
4. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on one of the following violations:
a) Operating in a business line
subject to security and order conditions without the certificate of security
and order (have not been issued a certificate or have such certificate
revoked/suspended) or with an expired certificate of security and order, except
cases specified in point dd of this clause;
b) Negligence in fulfilling
responsibilities for implementing regulations on security and order conditions
in certain conditional business license, resulting in acts that harm security
and order, violations against the law, or acts contrary to the ethics and
customs of the nation at the business establishment under direct management,
except for cases specified in point h of clause 5 of Article 30, clause 1 of
Article 35, and point d of clause 3 of Article 36 hereof;
c) Producing seals of agencies,
organizations or state officials before having the seal design transfer note of
the seal design registry as prescribed by law;
d) Running a pawn business with the
interest rate exceeds that specified in the Civil Code but not serious to an
extent that the violators are liable to criminal prosecution;
dd) Failing to apply for
registration of the business line subject to security and order conditions that
involves the grant of secured/unsecured loans with an interest rate that
exceeds that specified in the Civil Code but not serious to an extent that the
violators are liable to criminal prosecution;
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g) Providing security guard
services for illegal subjects, targets or activities;
h) Failing to include sufficient
information about the clients in the logbook and failing to retain copies of ID
papers of clients of the casino or providers of 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 that have not obtain a license or
written approval from a competent authority.
l) Failing to have storage for
preserving pledged property or have such storage located at a location other
than that registered with the competent authority;
m) Failing to comply with or
obstructing inspections of business establishment subject to security and order
conditions by authorized agencies.
5. A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed on one of the following
violations:
a) Taking advantage of the business
line subject to security and order conditions to commit acts that harm
security, public order or are contrary to the ethics, customs, and traditions
of the nation;
b) Receiving collateral that is obtained
by theft, fraud, appropriation, or crime;
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d) Using violence, threatening to
use violence or using other illegal methods to collect debts;
dd) Using fake certificate of
security and order or certificate of security guard training;
6. Administrative violations
against regulations on management of business lines subject to security and
order conditions that involve employment of juveniles shall be subject to
penalties under the Government’s Decree on penalties for administrative
violations against regulations on labor, social insurance, and Vietnamese guest
workers and relevant legislative documents.
7. Additional penalties:
a) Suspension of the practicing
license/certificate, certificate of security and order for 03 to 06 months for
violations under points e, h, and q of clause 3; and points c and m of clause 4
of this Article, except in cases where there are laws the revocation thereof;
b) Suspension of the practicing
license/certificate, certificate of security and order for 06 to 09 months for
violations under points d, e, and g of Clause 4; points a, b, c, and d of
Clause 5 of this Article, except in cases where there are laws the revocation
thereof;
c) Confiscation of the exhibits
and/or instrumentalities for the violations specified in points b, c, h, m, n
and r of Clause 3; points c and k of Clause 4 and points b and d of Clause 5 of
this Article;
d) Based on the nature, severity,
consequences of the violation, type of violators, mitigating or aggravating
circumstances, expulsion may be applied to foreigners who commit administrative
violations under points a, c, and d of Clause 5 of this Article.
8. Remedial measures:
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b) Enforced return of the
certificate of security and order, certificate of security guard training for
violations under Point d of Clause 3 of this Article.
Article 16.
Violations against regulations on management and use of seals
1. A fine ranging from VND 500.000
to VND 1.000.000 shall be imposed on one of the following violations:
a) More than 2 working days from
the date of discovering the loss of the Certificate of seal registration, but
the agency, organization, or state official fails to re-issue the Certificate
of seal registration;
b) Failing to carry out the
procedure to reissue the Certificate of seal registration and failing to return
the previously issued Certificate of seal registration to the seal registration
authority when the Certificate of seal registration is damaged;
c) Failing to notify the relevant
agency or organization of the seal design before use;
d) Failing to issue internal
regulations on management and use of the organization/agency's own seal.
dd) Failing to send the agency that
issued the Certificate of seal registration the decision on full division,
partial division, acquisition, merger, dissolution, termination of operation,
completion of tasks, or decision on changes on organization or name, or the
decision to revoke the business registration certificate or operation license,
or the decision on business suspension or termination to recover the seal as
prescribed.
2. A fine ranging from VND
2.000.000 to VND 3.000.000 shall be imposed on one of the following violations:
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b) Failing to re-register the seal
design in accordance with the law or when there are changes related to the seal
design as prescribed by legislative documents;
c) Failing to comply with seal
inspections, failing to present the seal or Certificate of seal registration
upon inspection requests by the seal registration authority;
d) Failing 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;
dd) Using a seal that is deformed,
worn out, or damaged.
3. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed on one of the following violations:
a) Failing to turn the seal in
under the decision of a competent authority or the Notice of seal registration
authority;
b) Appending the seal to a document
that does not have the signature of the competent person nor has the signature
of an unauthorized person;
c) Borrowing, lending, renting,
leasing out, pledging, mortgaging, using the seal of another organization for
operation;
d) Using expired seals;
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e) Using a seal without
registration;
g) Failing to return the seal and
the Certificate of seal registration upon issuance of the a competent
authority's decision on full division, partial division, acquisition, merger,
termination of operation, completion of tasks, or revocation of the certificate
of business registration or operation license, or business suspension or
termination; or when a lost seal is found after it has expired;
h) Erasing, altering, or falsifying
the content of the Certificate of seal registration.
4. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on one of the following
violations:
a) Forging documents to make an
additional seal for the agency, organizations, or state official;
b) Using a fake seal;
c) Appropriating, illegally trading
seals;
d) Illegally destroying seals.
5. Additional penalties:
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b) Based on the nature, severity,
consequences of the violation, type of violators, mitigating or aggravating
circumstances, expulsion may be applied to foreigners who commit administrative
violations under Clause 4 of this Article.
6. Remedial measures:
a) Enforced return of the seal and
the Certificate of seal registration for administrative violations under points
b and d of clause 2; points a, d, e and g of clause 3; point c of clause 4 of
this Article;
b) Enforced destruction of
documents that are illegally sealed in case of violations specified in Point b
of Clause 3 of this Article;
c) Enforced return of the illegal
profits earned from commission of the administrative violations specified in
point c of clause 3 and point c of clause 4 of this Article;
d) Enforced return the Certificate
of seal registration for administrative violations under point h of clause 3 of
this Article.
Article 14.
Violations against regulations on criminal judgment execution and
implementation of administrative measures
1. A warning or a fine ranging from
VND 500.000 to VND 1.000.000 shall be imposed on one of the following
violations:
a) Failing to fulfill obligations
of a person who is subject to administrative handling measures for compulsory
education in the community, a person granted pardon, a person who has finished serving
his/her imprisonment as prescribed by law;
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2. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed on one of the following violations:
a) Violations against regulations
on implementation of preventive measures, enforcement measures: Emergency
custody, arrest, temporary detainment, detention, bail, prohibition from
leaving residence, suspension from exit, coercive delivery, forced escort,
distrainment 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 temporary detainment, detention; violations against
regulations on execution of penalties including fines, confiscation of
property, deportation.
3. A fine ranging from VND
2.000.000 to VND 3.000.000 shall be imposed on one of the following violations:
a) The person who is granted
permission to adjourn the execution of imprisonment fails to be present when
being summoned by the criminal judgment execution authority or the
commune-level People’s Committee;
b) The person who is granted
permission to adjourn the execution of imprisonment fails to comply with the
transfer from the prison/detention center, the criminal judgment execution
authority to the commune-level People’s Committee;
c) The person who is granted
permission to adjourn the execution of imprisonment fails to report at the
request of the commune-level People’s Committee;
d) The person who is granted a suspended
sentence fails to be present when being summoned by the judgment execution
authority or the commune-level People’s Committee;
dd) The person who is granted a
suspended sentence fails to make a commitment to serve the sentence;
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g) The person who is serving a
community sentence fails to be present when being summoned by the judgment
execution authority or the commune-level People’s Committee;
h) The person who is serving a
community sentence fails to make a commitment 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 community under the
decision of the criminal judgment 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 t the request of the criminal
judgment execution authority or the People’s Committee of the commune in which
he/she is being supervised without acceptable explanation;
p) The person who is under
mandatory supervision fails to make a commitment to serve the sentence;
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r) The person who is incurring
prohibition from residence fails to be present at the request of the
commune-level People’s Committee;
s) The person who is incurring
prohibition from residence fails to make a commitment to serve the sentence;
t) The person who is granted
conditional parole fails to be present at the commune-level People’s Committee
after the parole is given;
u) The person who is granted
conditional parole fails to make a commitment to fulfill his obligations;
v) The person who is granted
conditional parole fails to be present at the request of criminal judgment
execution authority or the commune-level People’s Committee;
x) The person who is granted
conditional parole fails to attend the disciplinary meeting;
y) The person who is granted
conditional parole fails to report as prescribed by law.
4. A fine ranging from VND
3.000.000 to VND 4.000.000 shall be imposed on one of the following violations:
a) The person who is granted
permission to adjourn the execution of imprisonment leaves his/her residence
without the consent of the commune-level People's Committee or police
authority;
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c) The person who have his/her
imprisonment sentence deferred fails to be present at a place where he/she will
serve the sentence before the deferral or at criminal judgment execution
authority after the expiration of the deferral duration or at the request of
the competent authority;
d) The person who is sentenced to
prison while on bail with decision to execute criminal judgments fails to be
present at criminal judgment execution authority within the prescribed time
limit;
dd) The person who is granted a
suspended sentence leaves his/her residence without permission or the consent
of the commune-level People's Committee or is absent from his/her residence
longer than the allowed length of time;
e) The person who is granted a
suspended sentence changes his/her place of residence without the consent of the
competent authority;
g) The person who is under
mandatory supervision leaves the place of mandatory supervision without the
consent of the competent person or over the time he/she is allowed to leave
without reasonable reasons;
h) The person who is granted
conditional parole fails to abide by management of the commune-level People's
Committee;
i) The person who is granted
conditional parole leaves his/her residence without permission or the consent
of the commune-level People's Committee or is absent from his/her residence
longer than the allowed length of time;
k) The person who is granted
conditional parole changes his/her place of residence without the consent of
the competent authority;
l) The person who is incurring
prohibition from residence comes to reside at a place in which he/she is
prohibited from residing without permission or resides longer than the allowed
length of time;
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n) The person who is serving a
community sentence changes his/her place of residence without the consent of
the competent authority;
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 is serving 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 granted
conditional parole fails to perform his/her obligations during the probation
period.
Article 18.
Violations against regulations causing damage to property of other
organizations or individuals
1. A fine ranging from VND
2.000.000 to VND 3.000.000 shall be imposed on one of the following violations:
a) Stealing property but not
serious to an extent that the violators are liable to criminal prosecution,
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
but not serious to an extent that the violators are liable to criminal
prosecution;
c) Taking a loan, borrowing,
leasing property of another person or receiving property of another person
under a contract, then uses deception to appropriate it or refuses to repay the
loan or return the property when the repayment or return of property is due
despite he/she is capable of doing so but not serious to an extent that the
violators are liable to criminal prosecution;
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dd) Negligence that results in
damage to property of the State, authorities, organizations and enterprises but
not serious to an extent that the violators are liable to criminal prosecution;
e) Organizing, hiring, enticing,
tempting another person to steal or appropriate property but not serious to an
extent that the violators are liable to criminal prosecution;
g) Storing or hiding on person, in
belongings, or vehicles any tools or instruments intended for theft or
appropriation of property.
2. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed on one of the following violations:
a) Destroying or intentionally
damaging property of individuals, organizations, or jointly owned property with
others but not serious to an extent that the violators are liable to criminal
prosecution, except for cases under point a of clause 3 of Article 26; point b
of clause 1 of Article 44; point b of clause 2 of Article 46 hereof;
b) Using deception or creating
circumstances to force another person into giving money or property against the
law;
c) Defrauding and appropriating property
but not serious to an extent that the violators are liable to criminal
prosecution, 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 such property was illegally
obtained;
dd) Illegally appropriating
property of others but not serious to an extent that the violators are liable
to criminal prosecution, or illegally using, buying, selling, pledging, or mortgaging
property of others;
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3. Additional penalties:
a) Confiscation of the exhibits
and/or instrumentalities for the violations specified in points a, c, and g of
Clause 1; points a, b, and c of Clause 2 of this Article;
b) Based on the nature, severity,
consequences of the violation, type of violators, mitigating or aggravating
circumstances, expulsion may be applied to foreigners who commit administrative
violations under Clause 2 of this Article.
4. Remedial measures:
a) Enforced return of the illegal
profits earned from commission of the administrative violations specified in
points c, d and dd of Clause 2 of this Article;
b) Enforced return of the illegally
appropriated property or money equivalent to the value of property illegally
appropriated that has been sold, dispersed, or destroyed against the law to the
owner of such property in case of violations specified in Points a and b of
Clause 1 and Points b, dd and e of Clause 2 of this Article;
c) Enforced restoration of original
condition in case of violations specified in Point a of Clause 2 of this
Article, except cases where the property cannot be restored to its original
condition.
Article 16.
Violations against regulations on tontine
1. A fine ranging from VND
2.000.000 to VND 5.000.000 shall be imposed on one of the following violations:
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b) Failing to notify those who wish
to participate in tontine groups of sufficient number of tontine groups;
annuity shares, tontine opening; number of members of each tontine group, which
he/she acts as the tontine holder.
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 ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on one 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
100.000.000;
b) Failing to notify the local
People’s Committee of commune in writing of organization of at least two
tontine groups.
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a) Taking advantage of organization
of tontine to practice usury with interest rate exceeding the interest rate as
prescribed by the Civil Code;
b) Organizing tontine to mobilize
illegal fund.
4. Remedial measures:
Enforced return of the illegal
profits earned from commission of the administrative violations specified in
Clause 3 of this Article.
Article 20.
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 arbitrarily shifting signals, instruction
signs, signboards of agencies and organizations without permission.
2. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed on one 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.
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3. Additional penalties:
a) Confiscation of the exhibits
and/or instrumentalities for the violations specified in clauses 1 and 2 of
this Article;
b) Based on the nature, severity,
consequences of the violation, type of violators, mitigating or aggravating
circumstances, expulsion may be applied to foreigners who commit administrative
violations under Clause 2 of this Article.
4. Remedial measures:
Enforced restoration of original
condition in case of violations specified in Clauses 1 and 2 of this Article.
Article 21.
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 on a foreigner for traveling within
the territory of Vietnam without carrying passport, laissez-passer,
international travel document, document issued to a foreigner entering, leaving
or residing in Vietnam or ABTC.
2. A fine ranging from VND 500.000
to VND 2.000.000 shall be imposed on one of the following violations:
a) Failing to notify the competent
authority of loss or damage of unexpired passport, laissez-passer, international
travel document, document issued to a foreigner entering, leaving or residing
in Vietnam, AB stamp, ABTC, and other entry - exit documents as stipulated in
international treaties to which the Socialist Republic of Vietnam is a
signatory in accordance with law;
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c) A foreigner entering areas
requiring permits as stipulated by the State without such permits, or traveling
beyond the permitted scope or duration;
d) Failing to present passport,
laissez-passer, international travel document, document issued to foreigners
for entry, exit, or residence in Vietnam, AB stamps, other entry-exit documents
under international treaties to which the Socialist Republic of Vietnam is a
signatory, or ABTC upon request by Vietnamese competent authority/person;
failing to comply with the request from Vietnamese competent authority/person
for frisking of people or vehicles, or inspection of articles or places where
the exhibits and/or instrumentalities are hidden;
dd) A foreigner still using
certificate of temporary residence, approval of temporary residence extension
or temporary resident card or failing 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;
e) Vietnamese citizens using
expired entry-exit documents or entering Vietnam without valid entry-exit
documents;
g) Illegally appropriating or
holding passports, laissez-passer, international travel document, document
issued to foreigners entering, exiting, or residing in Vietnam, AB stamp, or
other entry-exit documents under international treaties to which the Socialist
Republic of Vietnam is a signatory, or ABTC belonging to another person.
3. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed on one of the following violations:
a) 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, AB stamp, or other entry-exit documents under
international treaties to which the Socialist Republic of Vietnam is a
signatory, or ABTC;
b) Gifting, giving away, renting,
leasing, pledging passport, laissez-passer, international travel document,
document issued to a foreigner entering, leaving or residing in Vietnam, AB
stamp, or other entry-exit documents under international treaties to which the
Socialist Republic of Vietnam is a signatory, or ABTC or receiving them as a
pledge;
c) Letting another person use one’s
passport, laissez-passer, international travel document, document issued to a
foreigner entering, leaving or residing in Vietnam, AB stamp, or other
entry-exit documents under international treaties to which the Socialist
Republic of Vietnam is a signatory, or ABTC for performing illegal acts;
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dd) Foreigners who have been issued
permanent residence cards but fail to report address changes for re-issuance;
foreigners entering border economic zones or coastal economic zones under visa
exemption but traveling to other locations in Vietnam without Vietnamese visas
as required by law;
e) Accommodation establishments
failing to register temporary residence for 1 to 3 foreigners as required by
law, or creating accounts with false information to register temporary
residence electronically for foreigners; foreigners failing to present
passports, international travel documents, or documents related to residence in
Vietnam to accommodation establishments for temporary residence registration as
required by law.
4. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on one of the following
violations:
a) Crossing national borders
without following immigration procedures as prescribed by law;
b) A foreigner still using
certificate of temporary residence, approval of temporary residence extension
or temporary resident card or failing 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 to
under 30 days;
5. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed on one of the following
violations:
a) Using fake passport,
laissez-passer, international travel document, document issued to a foreigner
entering, leaving or residing in Vietnam, AB stamp, or other entry-exit
documents under international treaties to which the Socialist Republic of
Vietnam is a signatory, exit-entry verification, temporary residence certificates,
or ABTC;
b) A foreigner still using
certificate of temporary residence, approval of temporary residence extension
or temporary resident card or failing 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 to
under 60 days;
c) Accommodation establishments
failing to register temporary residence for 4 to 8 foreigners as required by
law.
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a) A foreigner entering, working or
performing other activities in Vietnam without obtaining permission from a
competent authority of Vietnam;
b) A foreigner still using
certificate of temporary residence, approval of temporary residence extension
or temporary resident card or failing 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 to under 90 days;
c) Buying, selling passports,
laissez-passers, international travel documents, documents issued to a
foreigner entering, leaving or residing in Vietnam, AB stamps, or other entry-exit
documents under international treaties to which the Socialist Republic of
Vietnam is a signatory, or ABTCs;
d) A Vietnamese citizen using fake
foreign visa or fake document certifying or proving destination country’s
permission for entry;
dd) Accommodation establishments
failing to register temporary residence for 9 or more foreigners as required by
law.
7. A fine ranging from VND
20.000.000 to VND 25.000.000 shall be imposed on one of the following
violations:
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 failing 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, AB stamp, or other
entry-exit documents under international treaties to which the Socialist
Republic of Vietnam is a signatory, or ABTC;
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dd) Employing foreigners, organizing
tourism programs for foreigners, or allowing foreigners to temporarily stay in
Vietnam while they reside illegally or when there is evidence that they
committed violations against laws on entry, exit, transit, or residence without
notifying competent authorities.
8. A fine ranging from VND
25.000.000 to VND 30.000.000 shall be imposed on a foreigner who still use
certificate of temporary residence, approval of temporary residence extension
or temporary resident card or failing 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 180
days to under 01 year.
9. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed on one of the following
violations:
a) Entering or staying at an
embassy, consulate, diplomatic mission, consular mission or international
authority or organization located in Vietnam without their permission;
b) A foreigner residing in a
prohibited area;
c) Vehicle owner, manager or
operator transporting persons who illegally enter or exit Vietnam without
following the prescribed immigration procedures;
d) Organizing, arranging others to
exit, enter, or stay in Vietnam illegally but not serious to an extent that the
violators are liable to criminal prosecution; organizing, arranging, assisting,
inciting, concealing, harboring or enabling others to illegally stay in foreign
countries or illegal cross national borders but not serious to an extent that
the violators are liable to criminal prosecution; assisting, inciting,
concealing, harboring or enabling others to illegally exit, enter and stay in
Vietnam;
dd) A foreigner failing to comply
with the expulsion or forced exit decision and decision on continuing to stay
in Vietnam;
e) A foreigner still using
certificate of temporary residence, approval of temporary residence extension
or temporary resident card or failing to apply for replacement of permanent
residence card without obtaining permission from a competent authority when one
of these documents has been expired for over 01 year;
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10. Administrative violations
against regulations on border residents crossing border areas shall be subject
to penalties under Government’s Decree on penalties for administrative
penalties against regulations on national border management and protection and
relevant documents.
11. Additional penalties:
a) Confiscation of the exhibits
and/or instrumentalities for the violations specified in Point b of Clause 2;
Points a, b, c and d of Clause 3; Point a of Clause 5; Points a, c and d of
Clause 6; Points b and c of Clause 7; Point c of Clause 9 of this Article;
b) Based on the nature, severity,
consequences of the violation, type of violators, mitigating or aggravating
circumstances, expulsion may be applied to foreigners who commit administrative
violations under Clauses 4, 5, 6, 7, 8 and 9 of this Article.
12. Remedial measures:
Enforced return of the
illegal profits earned from commission of the administrative violations
specified in Point b of Clause 3; Points a and c of Clause 6; Points c and d of
Clause 9 of this Article.
Article 22.
Violations against regulations on protection of classified information
1. A fine ranging from VND
1.000.000 to VND 3.000.000 shall be imposed on one of the following violations:
a) Failing to issue regulations or
rules for protection of classified information within an agency, organization,
or administrative division as prescribed by law;
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c) Failing to recover classified
documents or items as prescribed by 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 or items in case of resignation/termination of employment contract,
job transfer, retirement or not being 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 wrong classification
level according to the law;
i) Failing to determine or mark the
classification level according to the law.
2. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed on one of the following violations:
a) Failing to collect classified
information in accordance with law;
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c) Failing to notify the competent
authorities or persons in case of disclosure or loss of classified information;
d) Failing to remove classified
information when changing intended purpose of computers and other devices that
were used for drafting, storing and exchanging classified information;
dd) Failing to destroy classified
documents or items in accordance with law.
3. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on one of the following
violations:
a) Failing to draft and store
classified documents on computers or other devices that have been connected to
the Internet, computer networks or telecommunications networks in accordance
with 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) Falsifying, damaging classified
documents or items;
d) Failing to provide or transfer
classified information in accordance with law;
dd) Entering a place where the
classified information is stored or preserved; or filming, photographing or
drawing a map of the place where the classified information stored or preserved
without permission of the competent person.
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a) Failing to post or spread classified
documents on the mass media, the Internet, computer networks and
telecommunications networks in accordance with law;
b) Failing to transmit classified
documents on the mass media, telecommunications networks in accordance with
regulations of the Law;
5. Additional penalties
Confiscation of the exhibits and/or
instrumentalities for the violations specified in Points b and d of Clause 3 of
this Article.
6. Remedial measures:
a) Enforced return of classified
documents or items for administrative violations under points b, d, e and f of
Clause 1; point a of Clause 2; point d of Clause 3 of this Article;
b) Enforced withdrawal of
classified documents or items for administrative violations under point c of
clause 1 of this Article;
c) Enforced removal of classified
documents or items for administrative violations under point a, Clause 3, and
Clause 4 of this Article;
d) Enforced restoration of original
condition in case of violations specified in point c of Clause 3 of this
Article.
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1. A fine ranging 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 Police force.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for illegal trading and exchange
of uniform, insignia, badge, identification number, police ID card or other
papers that are exclusive to the People's Police force, except for cases under
Point k of clause 4 of Article 15 hereof.
3. A fine ranging from VND
10.000.000 to VND 30.000.000 shall be imposed for illegal production or
fabrication of uniform, insignia, badge, identification number; erasing,
deleting, altering or falsifying the content of police ID card or other papers
that are exclusive to the People's Police force.
4. Additional penalties:
a) Confiscation of the exhibits
and/or instrumentalities for the violations specified in clauses 1, 2 and 3 of
this Article;
b) Based on the nature, severity,
consequences of the violation, type of violators, mitigating or aggravating
circumstances, expulsion may be applied to foreigners who commit administrative
violations under Clauses 2 and 3 of this Article.
5. Remedial measures:
Enforced return of the illegal
profits earned from commission of the administrative violations specified in
Clauses 2 and 3 of this Article.
Article 20.
Violations against regulations on management, use of uniform, emblem, badge,
sign, certificate of the grassroots-level security and order protection force
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2. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for illegally trading or pledging
uniform, emblem, badge, sign, certificate of the grassroots-level security and
order protection force.
3. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on one of the following violations:
a) Illegally producing or forging
uniform, emblem, badge, sign, certificate of the grassroots-level security and
order protection force;
b) Erasing, deleting, altering or
falsifying the certificate of the grassroots-level security and order
protection force.
4. Additional penalties:
Confiscation of the exhibits and/or
instrumentalities for the violations specified in clauses 1, 2 and point a of
clause 3 of this Article.
5. Remedial measures:
a) Enforced return of the illegal
profits earned from commission of the administrative violations specified in
clause 2 and point a of clause 3 of this Article;
b) Enforced return of the
certificate of the grassroots-level security and order protection force for
violations under Point b of Clause 3 of this Article.
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1. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed for impersonating the
grassroots-level security and order protection force.
2. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for insulting, threatening,
obstructing, or resisting grassroots-level security and order protection force
while they are on duty.
3. A fine ranging from VND 10.000.000
to VND 15.000.000 shall be imposed for using the grassroots-level security and
order protection force contrary to the Law on Grassroots-Level Security and
Order Protection Force or for committing violation against the law.
4. Additional penalties:
Confiscation of the exhibits and/or
instrumentalities for the violations specified in clause 1 of this Article.
Article 26.
Acts of obstructing or resisting inspection and control of on-duty officers or
giving bribes to on-duty officers
1. A fine ranging 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 and control of on-duty officers.
2. A fine ranging from VND
4.000.000 to VND 6.000.000 shall be imposed on one of the following violations:
a) Obstructing or failing to comply
with the requirements for inspection and control or other duties of on-duty
officers according to the law;
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c) Organizing, enticing, assisting,
tempting another person not to comply with the requirements for inspection and
control of the on-duty officers;
3. A fine ranging from VND
6.000.000 to VND 8.000.000 shall be imposed on one of the following violations:
a) Causing damage to property
and/or means of the state authorities or the on-duty officers;
b) Giving, brokering, or receiving
bribes but not serious to an extent that the violators are liable to criminal
prosecution.
4. Remedial measures:
Enforced public apology at home,
workplace, another venue, or through mass media for violations specified in
point b of Clause 2 of this Article, except when the victim requests otherwise;
Article 27. Violations
against regulations on development, management and use of the national
population database, residence database, identification database, electronic
identification and authentication system
1. A fine of from VND3.000.000 to
VND 5.000.000 shall be imposed for intentionally not providing, providing
incomplete, false, or forged information, documents, or papers serving the
collection, update, or adjustment of information in the national population
database, residence database, identification database, electronic
identification and authentication system.2. A fine ranging from VND 5.000.000
to VND 10.000.000 shall be imposed on one of the following violations:
a) Falsifying citizen data and
information in the national population database, residence database,
identification database, electronic identification and authentication system;
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c) Obstructing, preventing or
interrupting the transmission, provision and receipt of data in the national
population database, residence database, identification database, electronic
identification and authentication system.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on one of the following
violations:
a) Illegal and unauthorized
provision of information about citizens in the national population database,
residence database, identification database, electronic identification and
authentication system;
b) Deliberately disclosing secret
information about citizens in the national population database, residence
database, identification database, electronic identification and authentication
system.
4. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed on one of the following
violations:
a) Illegally accessing, changing,
deleting, destroying spreading information or other illegal acts related to
information in the national population database, residence database,
identification database, electronic identification and authentication system,
except for cases under points d and dd of this clause;
b) Destroying technical
infrastructure, transmission lines, sites and equipment serving the normal operation
of the agencies that manage national population database, residence database,
identification database, electronic identification and authentication system;
c) Producing, using tools, means,
software, or performing other acts causing obstruction or disruption to
operations of the information infrastructure of national population database,
residence database, identification database, electronic identification and
authentication system, except the case regulated in point c of Clause 2 of this
Article;
d) Illegally extracting, sharing,
buying, selling, exchanging, appropriating, or using information or data in
national population database, residence database, identification database,
electronic identification and authentication system, except case regulated in
point dd of this clause;
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5. Additional penalties:
Confiscation of the exhibits and/or
instrumentalities for the violations specified in clauses 3 and 4 of this
Article;
6. Remedial measures:
a) Enforced return of the illegal
profits earned from commission of the administrative violations specified in
Clauses 2, 3 and 4 of this Article;
b) Enforced restoration of original
condition in case of violations specified in point b of Clause 4 of this
Article.
Article 28.
Violations of regulations on issuance of electronic identification accounts
(eID accounts); use of national identification applications; management and use
of electronic authentication services from the identification and
authentication system
1. A fine ranging from VND 500.000
to VND 1.000.000 shall be imposed on violations against laws on issuance of eID
accounts for individuals.
2. A fine ranging from VND
3.000.000 to VND 4.000.000 shall be imposed on one of the following violations:
a) Intentionally not providing
information, documents, providing incomplete/false information, documents to
obtain electronic ID accounts;
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c) Buying, selling, renting, or
leasing out individual’s eID accounts;
d) Pledging, mortgaging
individual’s eID accounts or receiving them as pledges/mortgages;
dd) Forging eID accounts of
individuals;
3. A fine ranging from VND
4.000.000 to VND 8.000.000 shall be imposed on one of the following violations:
a) Illegally using, appropriating
eID accounts of individuals;
b) Borrowing or lending eID
accounts to commit illegal acts;
c) Failing to comply with laws on
issuance of eID accounts to organizations;
d) Failing to comply with laws on
issuance of eID accounts to organizations;
4. A fine ranging from VND
8.000.000 to VND 10.000.000 shall be imposed on one of the following
violations:
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b) Using fake eID accounts of organizations;
c) Illegally using, appropriating
eID accounts of organizations;
d) Buying, selling, renting, or
leasing out organization’s eID accounts;
dd) Pledging, mortgaging
organization’s eID accounts or receiving them as pledges/mortgages;
5. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed on one of the following
violations:
a) Using eID accounts for illegal
activities or transactions; infringing national security, defense, national
interests, public interests, or lawful rights of individuals and organizations;
b) Illegally interfering with the
use of national identification applications of individuals and organizations;
c) Obstructing the use of
e-authentication in transactions via the identification and authentication
system;
d) Providing or sharing
e-authentication results for unauthorized transactions for other transactions
against the law;
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6. A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed on one of the following
violations:
a) Failing to issue, reissue, or
amend the Certificate of eligibility for provision of e-authentication services
as required by law;
b) Failing to list the
e-authentication products and services it provides on the website after such
list has been approved by the competent authority;
c) Failing to notify the issuing
police authority within 3 working days after losing the Certificate of
eligibility for provision of e-authentication services;
d) Failing to present the
Certificate of eligibility for provision of e-authentication services upon
request by competent authorities;
7. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed on one of the following
violations:
a) Failing to fully fulfill
responsibilities for implementing regulations on state management of
e-authentication service provision;
b) Failing to maintain required
conditions for providing e-authentication services throughout operation;
c) Entrusting certain activities to
other organizations, including: providing advice, introductions, and answers
regarding e-authentication services; searching for partners, negotiating and
agreeing on matters related to the activities, services, and utilities
providing electronic authentication services; supporting and caring for
customers using e-authentication services; and other trade promotion activities
related to e-authentication services against the law;
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dd) Erasing, altering, or
falsifying the content of the Certificate of eligibility for provision of
e-authentication services;
e) Borrowing, lending, renting,
leasing out, buying, selling, pledging, mortgaging Certificates of eligibility
for provision of e-authentication services or receiving it as
pledges/mortgages.
8. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed on one of the following
violations:
a) Providing e-authentication
services that infringe national security, defense, national interests, public
interests, or lawful rights of individuals and organizations;
b) Creating fake national
identification applications; coercing or deceiving individuals or organizations
to use fake national identification applications;
c) Using a fake Certificate of
eligibility for provision of e-authentication services;
d) Providing e-authentication
services without a Certificate of eligibility for provision of e-authentication
services or after such Certificate is revoked;
dd) Providing advice,
introductions, and answers regarding e-authentication services; searching for
partners, negotiating and agreeing on matters related to the activities,
services, and utilities providing electronic authentication services;
supporting and caring for customers using e-authentication services; and other
trade promotion activities related to e-authentication services without any
entrustment;
9. Additional penalties:
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10. Remedial measures:
a) Enforced return of the illegal
profits earned from commission of the administrative violations specified in
points d and e of clause 4, point b of clause 5, points c and e of clause 7,
and points a and d of clause 8 of this Article;
b) Enforced return the Certificate
of eligibility for provision of e-authentication services for violations under
point dd of clause 7 of this Article.
Article 29.
Violations against regulations on use and extraction of judicial record
database; application for grant of a judicial record card; and use of judicial
record card
1. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed on fraudulent acts in making
applications for grant of a judicial record card.
2. A fine ranging from VND
5.000.000 to VND 7.000.000 shall be imposed for erasing, altering, or
falsifying the content of the judicial record card.
3. A fine ranging from VND
7.000.000 to VND 10.000.000 shall be imposed on one of the following
violations:
a) Using another person's judicial
record card unlawfully, infringing on personal privacy;
b) Illegally use another person's
documents to apply for judicial record card;
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d) Illegally using, stealing, destroying
electronic judicial record application;
dd) Spreading harmful computer
programs targeting the computer network or information system of the electronic
judicial record database.
4. Additional penalties:
a) Confiscation of the exhibits
and/or instrumentalities for the violations specified in Points d and dd of
Clause 3 of this Article;
b) Confiscation of documents with
contents being erased, altered, or falsified in case of violations specified in
Clause 2 of this Article.
5. Remedial measures:
a) Enforced return of with contents
being erased, altered, or falsified to the issuing entity for violations under
clause 2 of this Article, except for cases where the original copy has already
been confiscated according to point b of clause 4 of this Article;
b) Proposed consideration and
handling by competent authorities, organizations or persons of their issued
documents for violations under clause 1 and point b of clause 3 of this
Article.
Section 2.
ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON PREVENTION AND COMBAT OF
SOCIAL ISSUES
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1. A warning or a fine ranging from
VND 1.000.000 to VND 2.000.000 shall be imposed on one of the following
violations:
a) Illegally using narcotic
substances but not serious to an extent that the violators are liable to
criminal prosecution;
b) Discriminating against illegal
drug users, people undergoing narcotic substance rehabilitation, or those who
have completed narcotic substance rehabilitation.
2. A fine ranging from VND
2.000.000 to VND 5.000.000 shall be imposed on one of the following violations:
a) Illegally possessing,
transporting or appropriating narcotic substances but not serious to an extent
that the violators are liable to criminal prosecution;
b) Appropriating precursor to use
in illegal narcotic substance production but not serious to an extent that the
violators are liable to criminal prosecution;
c) Illegally producing, possessing,
transporting or trading tools or equipment used for illegal production or use
of narcotic substances but not serious to an extent that the violators are
liable to criminal prosecution.
3. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for growing narcotic substance
containing plants or instructing others to do so.
4. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on one of the following
violations:
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b) Resisting or obstructing testing
for narcotic substance in body, addiction status determination, management of
illegal drug users, narcotic substance rehabilitation, or post-rehabilitation
management.
5. A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed on one of the following
violations:
a) Abusing position, authority, or
profession to violate laws on prevention and control of narcotic substances;
b) Violations against regulations
on export, import, temporary import, re-export, and transit of narcotic
substances, precursors, narcotic drugs, psychotropic substances, but not
serious to an extent that the violators are liable to criminal prosecution;
violations against regulations on temporary export, re-import of narcotic
substances, precursors, narcotic drugs, psychotropic drugs; violations against
regulations on export, import, temporary import, re-export, temporary export,
re-import, transit of precursor drugs, medicinal ingredients that are narcotic
active ingredients, psychotropic active ingredients, precursors used for
medicine or veterinary medicine containing narcotic substances or precursors.
c) Violations against regulations
on research, appraisal, production, preservation of narcotic substances,
precursors, narcotic drugs, psychotropic substances but not serious to an
extent that the violators are liable to criminal prosecution; violations
against regulations on research, appraisal, production, preservation of
precursor drugs, medicinal ingredients that are narcotic active ingredients,
psychotropic active ingredients, precursors used for medicine or veterinary
medicine containing narcotic substances or precursors.
d) Violations against regulations
on receipt, transport of narcotic substances, precursors, narcotic drugs, psychotropic
drugs but not serious to an extent that the violators are liable to criminal
prosecution; violations against regulations on receipt, transport of precursor
drugs, medicinal ingredients that are narcotic active ingredients, psychotropic
active ingredients, precursors used for medicine or veterinary medicine
containing narcotic substances or precursors;
dd) Violations against regulations
on distribution, sale, exchange of narcotic substances, precursors, narcotic
drugs, psychotropic drugs but not serious to an extent that the violators are
liable to criminal prosecution; violations against regulations on distribution,
sale, exchange of precursor drugs, medicinal ingredients that are narcotic
active ingredients, psychotropic active ingredients, precursors used for
medicine or veterinary medicine containing narcotic substances or precursors;
e) Violations against regulations
on management, control, and storage of narcotic substances, precursors,
narcotic drugs, psychotropic drugs at border checkpoints, border areas, and
maritime zones but not serious to an extent that the violators are liable to
criminal prosecution; violations against regulations on management, control,
and storage of precursor drugs, medicinal ingredients that are narcotic active
ingredients, psychotropic active ingredients, precursors used for medicine or
veterinary medicine containing narcotic substances or precursors at border
checkpoints, border areas, and maritime zones;
g) Violations against regulations
on grant and permission to use narcotic substances, precursors, narcotic drugs,
psychotropic drugs but not serious to an extent that the violators are liable
to criminal prosecution; violations against regulations on grant and permission
to use precursor drugs, medicinal ingredients that are narcotic active
ingredients, psychotropic active ingredients, precursors used for medicine or
veterinary medicine containing narcotic substances or precursors;
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6. A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed on one of the following
violations:
a) Conduct illegal research,
appraisal, testing, inspection, production, storage, transport, preservation,
inventory, sale, distribution, handling, exchange, export, import, temporary
import, re-export, temporary export, re-import, transit of precursors, narcotic
drugs, psychotropic drugs, precursor drugs, medicinal ingredients that are
narcotic active ingredients, psychotropic active ingredients, precursors used
for medicine or veterinary medicine containing narcotic substances or
precursors;
b) Appropriating narcotic drugs,
psychotropic drugs, precursor drugs, medicinal ingredients that are narcotic
active ingredients, psychotropic active ingredients, precursors used for
medicine or veterinary medicine containing narcotic substances or precursors.
c) Taking revenge on or obstructing
persons performing narcotic substance prevention and control duties or persons
involved therein.
d) Instructing illegal production
or use of narcotic substances.
7. A fine ranging from 50.000.000
VND to 75.000.000 VND shall be imposed for providing locations or means for others
to illegally store narcotic substances.
8. Additional penalties:
a) Confiscation of the exhibits
and/or instrumentalities for the violations specified in Point a of Clause 1;
Clauses 2 and 3; Point a of Clause 4; Points b, c, d, e, f and g of Clause 5;
Points a and b of Clause 6 of this Article;
b) Suspension of the practicing
license/certificate, certificate of security and order for 03 to 06 months for
violations under point h clause 5 of this Article, except in cases where there
are laws the revocation thereof;
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d) Based on the nature, severity,
consequences of the violation, type of violators, mitigating or aggravating
circumstances, expulsion may be applied to foreigners who commit administrative
violations under Clauses 6 and 7 of this Article.
9. Remedial measures:
Enforced return of the illegal
profits earned from commission of the administrative violations specified in
Points b and c of Clause 2; Point a of Clause 4; Points b, c and d of Clause 5;
Point a of Clause 6 of this Article.
Article 31.
Violations against regulations on narcotic substance rehabilitation
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on one of the following
violations:
a) Failing to issue the narcotic
substance rehabilitation process or the process of providing voluntary
family-/community-based rehabilitation services;
b) Failing to publicly and
transparently announce the types of services, service implementation
procedures, and prices of rehabilitation services;
c) Failing to sign a contract for
the rehabilitation service;
d) Failing to notify the competent
People's Committee when a drug addict arbitrarily terminates or completes using
narcotic substance rehabilitation services.
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a) Failing to comply with the
decision to revoke the license to operate voluntary rehabilitation center;
b) Failing to comply with the
decision to suspend narcotic substance rehabilitation.
3. A fine of VND 15.000.000 to VND
20.000.000 shall be imposed for failing to carry out proper or full narcotic
substance rehabilitation process or the process of providing voluntary
family-/community-based rehabilitation services.
4. A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed on one of the following
violations:
a) Conducting narcotic substance
rehabilitation outside the scope specified in the license to operate voluntary
rehabilitation center;
b) Conducting narcotic substance
rehabilitation outside the scope of functions and duties assigned by the
competent state authority to a public narcotic substance rehabilitation
facility.
5. A fine ranging from VND
20.000.000 to VND 40.000.000 shall be imposed for lending, leasing out,
transferring, or using the license to operate voluntary rehabilitation center
for other purposes.
6. A fine ranging from VND
50.000.000 to VND 75.000.000 shall be imposed for organizing voluntary
rehabilitation without registration or operating license or without meeting the
prescribed conditions for operation.
7. Remedial measures:
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b) Enforced public and transparent
announcement of types of services, implementation procedures, and prices of
rehabilitation services in case of violations against regulations under point b
of clause 1 of this Article;
c) Enforced signing of
rehabilitation service contracts in case of violation against regulations under
point c of clause 1 of this Article.
Article 32.
Acts of purchase of sexual services
1. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed on acts of purchase of sexual
services.
2. A fine ranging from VND
2.000.000 to VND 5.000.000 shall be imposed on acts of purchase of sexual services
involving more than one person at the same time.
3. Additional penalties:
Confiscation of the exhibits for
the violations specified in clauses 1 and 2 of this Article.
Article 33.
Acts of selling sexual services
1. A warning or a fine ranging from
VND 300.000 to VND 500.000 shall be imposed on acts of selling sexual services.
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3. Additional penalties:
a) Confiscation of the exhibits for
the violations specified in clauses 1 and 2 of this Article.
b) Based on the nature, severity,
consequences of the violation, type of violators, mitigating or aggravating
circumstances, expulsion may be applied to foreigners who commit administrative
violations under Clauses 1 and 2 of this Article.
4. Remedial measures:
Enforced return of the illegal
profits earned from commission of the administrative violations specified in
Clauses 1 and 2 of this Article.
Article 34.
Other acts related to prostitution
1. A warning or a fine ranging from
VND 300.000 to VND 500.000 shall be imposed for prostitution or engaging in
sexual acts.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for concealment, protection for
prostitution.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for assisting, enticing,
tempting, forcing or another person to purchase or sell sexual service.
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a) Using force or threatening to
use force to protect or maintain prostitution;
b) Contributing money and property
to prostitution;
c) Procuring but not serious to an
extent that the violators are liable to criminal prosecution.
5. A fine ranging from VND
50.000.000 to VND 75.000.000 shall be imposed on one of acts that abuse
positions, powers, dignity to protect or maintain prostitution.
6. Remedial measures:
Enforced return of the illegal
profits earned from commission of the administrative violations specified in
Clauses 1 to 5 of this Article.
Article 35.
Acts of doing business in prostitution and other sexual activities or acts of
negligence resulting in prostitution or sexual acts in business/service establishments
1. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed on heads, legal representatives,
or managers of business/service establishments who are negligent in state
management causing prostitution, sexual acts at their establishments.
2. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed on acts of doing business in
prostitution and other sexual activities.
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a) Suspension of the practicing
license/certificate, certificate of security and order for 03 to 06 months for
violations under Clauses 1 and 2 of this Article, except in cases where there
are laws the revocation thereof;
b) Based on the nature, severity,
consequences of the violation, type of violators, mitigating or aggravating circumstances,
expulsion may be applied to foreigners who commit administrative violations
under Clauses 1 and 2 of this Article.
4. Remedial measures:
Enforced return of the illegal profits
earned from commission of the administrative violations specified in Clause 2
of this Article.
Article 36.
Acts of illegal gambling
1. A fine ranging from VND 200.000
to VND 500.000 shall be imposed for participation in lottery-based gambling.
2. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed on one 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 but not serious to an extent that the violators are
liable to criminal prosecution;
b) Gambling with machine or illegal
electronic games but not serious to an extent that the violators are liable to
criminal prosecution;
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3. A fine ranging from VND
2.000.000 to VND 5.000.000 shall be imposed on one of the following violations:
a) Illegally receiving deposit,
pledge or giving 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;
dd) Being the owner, manager of
machine or illegal electronic games, a head of business establishment of
electronic games or another business establishment that allows illegal gambling
to happen at their establishments due to lack of sense of responsibility.
4. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on one of the following acts of
gambling organization:
a) Enticing, inciting or gathering
people for illegal gambling but not serious to an extent that the violators are
liable to criminal prosecution;
b) Using home or accommodation or
other means and locations to organize the gambling but not serious to an extent
that the violators are liable to criminal prosecution;
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d) Organizing illegal betting
activities but not serious to an extent that the violators are liable to
criminal prosecution, except cases specified in point d of clause 5 of this
Article.
5. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on one of the following acts of
organizing the illegal lottery:
a) Acting as a banker but not
serious to an extent that the violators are liable to criminal prosecution;
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 but not serious to an extent that the violators are liable to
criminal prosecution;
d) Organizing the betting in sports
competitions, entertainment or in the other activities to play gambling for
money but not serious to an extent that the violators are liable to criminal
prosecution;
6. Additional penalties:
a) Confiscation of the exhibits
and/or instrumentalities for the violations specified in Clause 1; Clause 2;
Points a and b of Clause 3; points c and d of Clause 4; Clause 5 of this
Article;
b) Operation suspension for 06 to
12 months for violations under point dd of Clause 3 of this Article;
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7. Remedial measures:
Enforced return of the illegal
profits earned from commission of the administrative violations specified in
Clause 1; Clause 2; points a and b of Clause 3; points b, c and d of Clause 4
and Clause 5 of this Article.
Section 3.
ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON PREVENTION AND CONTROL OF
DOMESTIC VIOLENCE
Article 37.
Acts of torturing, ill-treating, beating, and threatening or acts of
intentionally harming the health and lives of others
1. A fine ranging from VND
2.000.000 to VND 5.000.000 shall be imposed for threatening to harm the health
or lives of family members.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for beating intentionally harming
the health and lives of family members but not serious to an extent that the
violators are liable to criminal prosecution.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on one of the following
violations:
a) Acts of torturing or mistreating
such as forced starvation, thirst, exposure to cold, wearing torn clothes, or
restricting personal hygiene;
b) Using tools or objects to injure
family members but not serious to an extent that the violators are liable to
criminal prosecution;
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4. Additional penalties:
Confiscation of the exhibits and/or
instrumentalities for the violations specified in point b of clause 3 of this
Article, except if such items are not solely owned by the perpetrator.
5. Remedial measures:
a) Enforced public apology at the
victim’s request at home, workplace, another venue, or through mass media for
violations specified in Clauses 1 and 2; points a and b of clause 3 of this
Article;
b) Enforced payment of the entire
medical cost in case of violations specified in clause 2 and point b of clause
3 of this Article.
Article 38.
Acts of ignoring, deserting, not nurturing, or taking care of family members
who are children, pregnant women, women who are raising children under 36
months old, the elderly, disabled people, or people who are unable to take care
of themselves; not educating family members who are children
1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on one of the following
violations:
a) Ignoring, deserting, not nurturing,
or taking care of family members who are children, pregnant women, women who
are raising children under 36 months old, the elderly, disabled people, or
people who are unable to take care of themselves;
b) Not educating family members who
are children.
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3. Remedial measures:
Enforced public apology at the
victim’s request at home, workplace, another venue, or through mass media for
violations specified in Clause 1 of this Article.
Article 39.
Acts of insulting the honor and dignity of family members
1. A fine ranging 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, except for cases under clause 2 of
this Article.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for disclosing or distributing
private life information, personal or family secrets to insult honor and
dignity.
3. Remedial measures:
a) Enforced public apology at the
victim’s request at home, workplace, another venue, or through mass media for
violations specified in Clauses 1 and 2 of this Article;
b) Enforced withdrawal of
documents, materials, leaflets, articles, photos for violations under Points a
and c of Clause 2 of this Article.
Article 40.
Acts of forcing, obstructing, isolating and putting constant psychological
pressure, holding family members in custody
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a) Preventing family members from
meeting their family members, having legal, healthy social relationships, or
committing acts of isolating and putting constant psychological pressure;
b) Discriminating against family
members’ body, gender, sexuality, and capability;
c) 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;
d) Forcing family members to
over-study;
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on one of the following
violations:
a) Forcing family members to
witness violence toward people or animals causing psychological pressure;
b) Forcing family members to listen
to violent sounds, view violent images, or read violent content.
3. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for isolating, holding family
members in custody, except for cases under clause 1 of this Article.
4. Administrative violations
including imposing forced child marriage, marriage, and divorce or preventing
marriage or divorce illegally not specified herein shall be subject to
penalties under the Government’s regulations on penalties for administrative
violations against regulations on justice assistance; justice administration;
marriage and family; civil judgment execution; bankruptcy of enterprises and
cooperatives; and other relevant legislative documents.
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Enforced public apology at the
victim’s request at home, workplace, another venue, or through mass media for
violations specified in Clauses 1, 2 and 3 of this Article;
Article 41.
Acts of sexual violence
1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for forcing a family member to
listen to pornographic sounds, watch pornographic images, or read pornographic
content.
2. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed on one of the following
violations:
a) Forcing performance of erotic
acts;
b) Forcing sexual intercourse
against the will of the wife or husband but not serious to an extent that the
violators are liable to criminal prosecution.
3. Administrative violations including
forcing pregnancy, abortion, and fetal sex selection that are not specified
herein shall be subject to penalties under the Government’s Decrees on
penalties for administrative violations against regulations on health and
relevant legislative documents.
4. Remedial measures:
Enforced public apology at the
victim’s request at home, workplace, another venue, or through mass media for
violations specified in Clauses 1 and 2 of this Article.
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A fine of between VND 5.000.000 and
10.000.000 shall be imposed for preventing the performance of rights and
obligations in the family relations between grandparents and grandchildren;
between husband and wife; between father, mother, and child; between brothers
and sisters, except cases where a court restricts parental visitation rights.
Article 43.
Violations against regulations on care, nurture or support
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on one of the following
violations:
a) Denying or evading support
obligations between husband and wife after divorce; denying or evading the
nurturing obligations between sisters and brothers, between grandparents and
grandchildren under the 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 measures:
Enforced fulfillment of
contribution/nurturing obligations in case of violations specified in Clause 1
of this Article.
Article 44.
Acts of economic violence
1. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed on one of the following
violations:
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b) Destroying common family
property or property of other family members but not serious to an extent that the
violators are liable to criminal prosecution;
c) Forcing family members to
overwork;
d) Forcing family members to make
financial contributions more than they can afford;
c) Controlling property and
income of family members to create a state of physical, mental dependence, or
other aspects;
2. Remedial measures:
a) Enforced restoration of original
condition in case of violations specified in Point b of Clause 1 of this
Article, except cases where the property cannot be restored to its original
condition.
b) Enforced return of the illegally
appropriated property or money equivalent to the value of property illegally
appropriated that has been sold, dispersed, or destroyed against the law to the
owner of such property in case of violations specified in Points a, d and dd of
Clause 1 of this Article;
Article 45.
Acts of forcing family members to leave their legal residence illegally
1. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for forcing family members to
leave their legal residence illegally, except for cases under clauses 2 and 3
of this Article.
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3. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for using tools, means, or other
objects to cause injury to family members to force them to leave their legal
residence illegally.
4. Remedial measures:
Enforced public apology at the
victim’s request at home, workplace, another venue, or through mass media for
violations specified in Clauses 1, 2 and 3 of this Article;
Article 46.
Acts of violence against persons who prevent, detect and report of domestic
violence and persons who help victims of domestic violence
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on one of the following
violations:
a) Threatening or obstructing the
person who prevents, detects or reports of domestic violence or helps the victim
of domestic violence;
b) Insulting the honor or dignity
of the person who prevents, detects or reports of domestic violence or helps
the victim of domestic violence.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed on one of the following
violations:
a) Taking revenge on, assaulting
the person who prevents, detects or reports of domestic violence or helps the
victim of domestic violence;
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3. Remedial measures:
a) Enforced restoration of original
condition in case of violations specified in Point b of Clause 2 of this
Article, except cases where the property cannot be restored to its original
condition.
b) Enforced public apology at the
request of the person who prevents, detects or reports of domestic violence or
helps the victim of domestic violence at home, workplace, another venue, or
through mass media for violations specified in Clauses 1 and 2 of this Article;
Article 47.
Act of inciting, enticing, tempting and assisting, forcing others to commit
acts of domestic violence
1. A fine ranging from VND 5.000.000
to VND 10.000.000 shall be imposed for inciting, enticing, tempting and
assisting others to commit acts of domestic violence.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for forcing others to commit acts
of domestic violence.
Article 48.
Violations against regulations on preventing, reporting, receiving and handling
notifications and denunciations of domestic violence acts
1. A fine ranging from VND
1.000.000 to VND 4.000.000 shall be imposed on one of the following violations:
a) Knowing about domestic violence
and having opportunity to prevent but failing to do so;
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c) Covering up or protecting
perpetrators of domestic violence;
d) Failing to provide 24/7 staff
for the national domestic violence hotline;
dd) Failing to properly and fully
perform the tasks, procedures, and regulations for receiving and processing
notifications and denunciations of domestic violence acts through the national
domestic violence hotline.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed on one of the following
violations:
a) Obstructing penalties imposed on
domestic violence acts;
b) Failing to impose or properly
impose penalties for domestic violence as prescribed;
c) Failing to comply with
community-based criticism and feedback regarding domestic violence or failing
to perform community service duties as decided by the President of the
commune-level People's Committee.
Article 49.
Acts of using or disseminating the information, photos and sounds to incite
domestic violence
A fine ranging from VND 2.000.000
to VND 4.000.000 shall be imposed for using or disseminating the information,
photos and sounds to incite domestic violence.
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1. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed on one of the following violations:
a) Intentionally revealing or
enabling perpetrators of domestic violence to know the shelter location of
victims;
b) Disclosing or spreading
information about person submitting notification(s) and/or denunciation(s) of
domestic violence acts without the consent of him/her, his/her guardian or
legal representative.
2. A fine ranging from VND
4.000.000 to VND 6.000.000 shall be imposed for failure to make public the list
of charges of domestic violence prevention and combat services as prescribed by
law.
Article 51.
Abuse of domestic violence prevention and combat activities for illegal
purposes
1. A fine ranging from VND
2.000.000 to VND 4.000.000 shall be imposed on one of the following violations:
a) Demanding money from victims of
domestic violence or their families beyond listed charges at the facility
supporting the prevention and combat against domestic violence;
b) Charging victims for living
expenses at trusted community addresses;
c) Taking advantage of victims’
difficulties to make the perform illegal acts.
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a) Establishing domestic violence
assistance service providers to make profits;
b) Abusing domestic violence
prevention and combat activities for illegal acts.
3. Additional penalties:
Suspension of the practicing
license/certificate for 06 to 12 months for violations under Clause 2 of this
Article.
4. Remedial measures:
a) Enforced return of the illegal
profits earned from commission of the administrative violations specified in
Points a and b Clause 1 and Point a Clause 2 of this Article;
b) Enforced public apology at the
victim’s request at home, workplace, another venue, or through mass media for
violations specified in Clause 1 of this Article.
Article 52.
Violations against regulations on registration of content and operation scope
of facilities supporting the prevention and combat against domestic violence
with competent state regulatory authority
1. A fine ranging from VND
10.000.000 to VND 30.000.000 shall be imposed on facilities supporting the prevention
and combat against domestic violence that operate outside the registered scope.
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Article 53.
Violations against regulations on protective orders under decisions of the
Courts or the Presidents of the commune-level People’s Committee
1. A fine ranging from VND 500.000
to VND 1.000.000 shall be imposed for deliberately coming in contact with the
victim of domestic violence within 100 meters without necessary safety barriers
during the protection period.
2. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for using phones, emails, or other
means to commit domestic violence against protected persons.
3. Additional penalties:
Confiscation of the exhibits and/or
instrumentalities for the violations specified in clause 2 of this Article.
Chapter III
AUTHORITY TO IMPOSE
PENALTIES FOR ADMINISTRATIVE VIOLATIONS
Article 54.
Jurisdiction of Presidents of People's Committees
1. Presidents of People's
Committees have the authority to:
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b) Impose fines of up to VND
15.000.000 for administrative violations against regulations on domestic
violence prevention and combat; up to VND 20.000.000 for violations against
regulations on social security, order, and safety; and up to VND 37.500.000 for
violations against regulations on the prevention and combat against social
issues;
c) Suspend practicing
licenses/certificates or operation;
d) Confiscate exhibits and/or
instrumentalities;
dd) Apply remedial measures as
prescribed in Clause 3 of Article 3 hereof.
2. Presidents of People's
Committees of provinces/cities have the authority to;
a) Make a warning;
b) Impose fines of up to VND
30.000.000 for administrative violations against regulations on domestic
violence prevention and combat; up to VND 40.000.000 for violations against
regulations on social security, order, and safety; and up to VND 75.000.000 for
violations against regulations on the prevention and combat against social
issues;
c) Suspend practicing
licenses/certificates or operation;
d) Confiscate exhibits and/or
instrumentalities;
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Article 55.
Jurisdiction of People’s Police
1. Police officers on duty have the
power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 3.000.000 for
administrative violations against regulations on domestic violence prevention
and combat; up to VND 4.000.000 for violations against regulations on social
security, order, and safety; and up to VND 7.500.000 for violations against
regulations on the prevention and combat against social issues;
c) Confiscation of the exhibits
and/or instrumentalities with a value not exceeding twice the amount of the
fine prescribed at Point b of this Clause.
2. Heads of mobile police units at
company level have the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 6.000.000 for
administrative violations against regulations on domestic violence prevention
and combat; up to VND 8.000.000 for violations against regulations on social
security, order, and safety; and up to VND 15.000.000 for violations against
regulations on the prevention and combat against social issues;
c) Confiscation of the exhibits
and/or instrumentalities with a value not exceeding twice the amount of the
fine prescribed at Point b of this Clause;
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3. Heads of police stations, heads
of mobile police units at battalion level, heads of water police units, heads
of stations; leaders have the right to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 9.000.000 for
administrative violations against regulations on domestic violence prevention
and combat; up to VND 12.000.000 for violations against regulations on social
security, order, and safety; and up to VND 22.500.000 for violations against
regulations on the prevention and combat against social issues;
c) Suspension of practicing
licenses/certificates or operation;
d) Confiscation of the exhibits
and/or instrumentalities with a value not exceeding twice the amount of the
fine prescribed at Point b of this Clause.
dd) Remedial measures prescribed in
Points a, c, and e of Clause 1 of Article 28 of the Law on Penalties for
Administrative Violations.
4. Heads of commune-level police
authorities have the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 15.000.000
for administrative violations against regulations on domestic violence
prevention and combat; up to VND 20.000.000 for violations against regulations
on social security, order, and safety; and up to VND 37.500.000 for violations
against regulations on the prevention and combat against social issues;
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d) Confiscation of exhibits and/or
instrumentalities;
dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
5. Head of International Airport
Police Office, Heads of professional divisions affiliated to Bureau of Homeland
Security, including: Head of General Advisory Division, Head of Catholic
Security Division, Head of Division of Security for Other Religions, Head
of Ethnic Security Division, Head of Anti-Reactionary Division, Head of
Anti-Terrorism Division, Head of Social Security Division; Heads of
professional divisions affiliated to Bureau of Internal Political Security,
including: Heads of Internal Security Divisions affiliated central authorities
of Communist Party and State, Head of Security Divisions affiliated to central
judicial authorities, law-making authorities, political and social
organizations, Head of Press and Publishing Security Division, Head of Health
and Education Security Division, Head of Culture, Sports and Social Labor
Security Division, Head of Post, Telecommunications and Information Technology
Security Division, Head of Division of State Management of Protection of State
Secrets; Heads of professional divisions affiliated to Bureau of Economic
Security, including: Head of Industry and Trade Security Division, Head of
Monetary Security Division, Head of Division of Traffic and Construction
Security, Head of Division of Finance and Investment Security, Head of Division
of Agriculture, Forestry and Fishery Security, Head of Division of Science,
Technology and Natural Resources and Environment Security; Heads of
professional divisions affiliated to Police Bureau of Investigation into
Drug-related Crimes, including: Head of Division of Prevention and
Investigation into Crimes related to Illegal Drug Trading and Transportation,
Head of Division of Prevention and Investigation into Crimes related to
organization and permission of illegal use of Drug, Head of Division of
Prevention and Investigation into Crimes related to Illegal Drug Production,
Head of Division of Prevention and Investigation into Crimes in Legal
Activities Related to Drugs; Heads of professional divisions affiliated
to Police Bureau for Administrative Management of Social Order, including: Head
of Division of Provision of Guidance and Management of Weapons, Explosive
materials, Support instruments and Fireworks, Head of Division of Provision of
Guidance and Management of Conditional Business Lines on Security, Order and
Seals, Director of the National Population Data Center; Heads of professional
divisions affiliated to Bureau of Traffic Police, including: Head of Guidance
Division for Dissemination of Information, Investigation and Handling of
Traffic Accidents, Head of Division of Guidance on Registration and Inspection
of Vehicles, Head of Division of Guidance, Training, Testing and Management of
Driver Licenses issued to Vehicle Operators, Head of Division of Guidance on
Patrol and Control of Road and Railway Traffic, Head of Division of Guidance on
Traffic Control and Escort , Head of Division of Patrol, Control and Prevention
and Combat of Crimes on Inland Waterways, Captain of Squadron; Heads of
professional divisions affiliated to Police Bureau of Fire Prevention and
Rescue, including: Head of Fire Prevention Division, Head of Fire Prevention
and Fighting Approval Division, Head of Fire Fighting and Rescue Division, Head
of Division of Management of Science - Technology and Inspection of Fire
Prevention, Fighting and Rescue Equipment; Heads of professional divisions
affiliated to Bureau of Cybersecurity and High-Tech Crime Prevention and
Control, including: Head of Division of Prevention and Control of Cybercrime
Using Cyberspace to Violate Economic Management Order, Head of Division of
Prevention and Control of Cybercrime Using Cyberspace to Violate Social Order,
Head of Division of Cyber Information Security, Head of Division of Protection
of National Information Network Security, Head of Division of Monitoring of
Cyber Information and Prevention of Cyberspace use for Violations against
National Security; Heads of professional divisions affiliated to Bureau of
Immigration, including: Head of Division of Management of Immigration and
Residence of Foreigners, Head of Division of Management of Immigration of
Vietnamese Citizens, Director of the National Aviation Security Center; Heads of
professional divisions affiliated to the National Data Center, including: Head
of General Advisory Division, Head of Application Administration Division, Head
of Data Administration Division, Head of System Security and Safety Division,
Head of Information Technology System Administration and Operation Division,
Head of Data Center Station Shell Administration and Operation Division; Heads
of professional divisions affiliated to Bureau of Professional Records,
including: Director of the Information and Professional Data Center of the
Ministry of Public Security, Director of the Center for Receiving and
Processing Operational Information, Head of the Division of IT and Professional
Records Database Management, Head of Regiment-level Mobile Police Unit; Heads
of Divisions affiliated to the provincial Police Authority, including: Head of
Home Security Division, Head of Internal Political Security Division, Head of
Police Division for Administrative Management of Social Order, Head of Police
Divisions for Investigation into Social Order Crimes, Head of Police Division
for Investigation into Corruption, Economic, Smuggling and Environment Crimes,
Head of Police Division for Investigation into Drug-related Crimes, Head of
Traffic Police Division, Head of Mobile Police Division, Head of Police
Division for Execution of Criminal Judgments and Judicial Assistance, Head of
Police Division for Fire Prevention, Fire Fighting and Rescue, Head of Division
of Cybersecurity and High-Tech Crime Prevention and Control, Head of Economic
Security Division, Head of Foreign Security Division, Head of Department of
Professional Records, Chief of Office of the Investigation Police Agency
affiliated to the provincial Police Authority have the power to impose the
following forms of penalty:
a) Warning;
b) Fines of up to VND 24.000.000
for administrative violations against regulations on domestic violence
prevention and combat; up to VND 32.000.000 for violations against regulations
on social security, order, and safety; and up to VND 60.000.000 for violations
against regulations on the prevention and combat against social issues;
c) Suspension of practicing
licenses/certificates or operation;
d) Confiscation of exhibits and/or
instrumentalities;
dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
6. The Head of Immigration Division
affiliated to the provincial police authority has the jurisdiction to impose
any penalty specified in clause 5 of this Article and decide to impose the
deportation penalty.
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a) Warning;
b) Fines of up to VND 30.000.000
for administrative violations against regulations on domestic violence
prevention and combat; up to VND 40.000.000 for violations against regulations
on social security, order, and safety; and up to VND 75.000.000 for violations
against regulations on the prevention and combat against social issues;
c) Suspension of practicing
licenses/certificates or operation;
d) Confiscation of exhibits and/or
instrumentalities;
dd) Deportation;
e) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
8. Director of Internal Political
Security Bureau, Director of Economic Security Bureau, Chief of the Office of the
Police Investigation Agency affiliated to the Ministry of Public Security,
Director of Police Bureau of Administrative Management of Social Order,
Director of Police Bureau of Investigation into Social Order-related Crimes,
Director of Police Bureau of Investigation into Corruption, Economy and
Smuggling-related Crimes, Director of Police Bureau of Investigation into
Drug-related Crimes, Director of Police Traffic Bureau, Director of Police
Bureau of Fire Prevention and Rescue, Director of Police Bureau of
Environmental Crime Prevention, Director of Bureau of Cybersecurity and
High-Tech Crime Prevention and Control, Director of Home Security Bureau,
Director of Police Bureau for Managing Custody, Temporary detention and
Criminal judgment Execution in the Community; Mobile Police Command, Director
of the National Data Center, Director of the Bureau of Professional Records
have the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 30.000.000
for administrative violations against regulations on domestic violence
prevention and combat; up to VND 40.000.000 for violations against regulations
on social security, order, and safety; and up to VND 75.000.000 for violations
against regulations on the prevention and combat against social issues;
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d) Confiscation of exhibits and/or
instrumentalities;
dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
9. Director of Bureau of
Immigration has the jurisdiction to impose any penalty specified in clause 8 of
this Article and decide to impose the deportation penalty.
Article 56.
Jurisdiction of Border Guard
1. On-duty Border Guard officers
have the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 1.500.000 for
administrative violations against regulations on domestic violence prevention
and combat; up to VND 2.000.000 for violations against regulations on social
security, order, and safety; and up to VND 3.750.000 for violations against
regulations on the prevention and combat against social issues;
c) Confiscation of the exhibits
and/or instrumentalities with a value not exceeding twice the amount of the
fine prescribed at Point b of this Clause.
2. Head of Border Guard station or
leader of the officers mentioned in clause 1 of this Article has the power to
impose the following forms of penalty:
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b) Fines of up to VND 3.000.000 for
administrative violations against regulations on domestic violence prevention
and combat; up to VND 4.000.000 for violations against regulations on social
security, order, and safety; and up to VND 7.500.000 for violations against
regulations on the prevention and combat against social issues;
c) Confiscation of the exhibits
and/or instrumentalities with a value not exceeding twice the amount of the
fine prescribed at Point b of this Clause;
d) Remedial measures prescribed in
Points a, c, and e of Clause 1 of Article 28 of the Law on Penalties for
Administrative Violations.
3. Team leader of Crime and Drug
Prevention and Control Task Force affiliated to Crime and Drug Prevention and
Control Brigade have the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 4.500.000 for
administrative violations against regulations on domestic violence prevention
and combat; up to VND 6.000.000 for violations against regulations on social
security, order, and safety; and up to VND 11.250.000 for violations against
regulations on the prevention and combat against social issues;
c) Confiscation of the exhibits
and/or instrumentalities with a value not exceeding twice the amount of the
fine prescribed at Point b of this Clause;
d) Remedial measures prescribed in
Points a, c, and e of Clause 1 of Article 28 of the Law on Penalties for
Administrative Violations.
4. Head of Border Guard Post,
Commander of Border-Guard Flotilla or Commander of Port Border Guard have the
power to impose the following forms of penalty:
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b) Fines of up to VND 9.000.000 for
administrative violations against regulations on domestic violence prevention
and combat; up to VND 12.000.000 for violations against regulations on social
security, order, and safety; and up to VND 22.500.000 for violations against
regulations on the prevention and combat against social issues;
c) Confiscation of the exhibits
and/or instrumentalities with a value not exceeding twice the amount of the
fine prescribed at Point b of this Clause;
d) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
5. Commander of Crime and Drug
Prevention and Control Brigade affiliated to Crime and Drug Prevention and
Control Department under Border Guard High Command have the power to impose the
following forms of penalty:
a) Warning;
b) Impose fines of up to VND 15.000.000
for administrative violations against regulations on domestic violence
prevention and combat; up to VND 20.000.000 for violations against regulations
on social security, order, and safety; and up to VND 37.500.000 for violations
against regulations on the prevention and combat against social issues;
c) Suspension of practicing
licenses/certificates or operation;
d) Confiscation of exhibits and/or
instrumentalities;
dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
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a) Warning;
b) Fines of up to VND 30.000.000
for administrative violations against regulations on domestic violence
prevention and combat; up to VND 40.000.000 for violations against regulations
on social security, order, and safety; and up to VND 75.000.000 for violations against
regulations on the prevention and combat against social issues;
c) Suspension of practicing
licenses/certificates or operation;
d) Confiscation of exhibits and/or
instrumentalities;
dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
Article 57.
Jurisdiction of Coast Guard force
1. On-duty Coast Guard officers
have the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 1.500.000 for
administrative violations against regulations on domestic violence prevention
and combat; up to VND 2.000.000 for violations against regulations on social
security, order, and safety; and up to VND 3.750.000 for violations against
regulations on the prevention and combat against social issues;
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2. Coastguard Team Leaders have the
power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 3.000.000 for
administrative violations against regulations on domestic violence prevention
and combat; up to VND 4.000.000 for violations against regulations on social
security, order, and safety; and up to VND 7.500.000 for violations against
regulations on the prevention and combat against social issues;
c) Confiscation of the exhibits
and/or instrumentalities with a value not exceeding twice the amount of the
fine prescribed at Point b of this Clause.
3. Coastguard squad leaders or
captains of coastguard station have the power to impose the following forms of
penalty:
a) Warning;
b) Fines of up to VND 6.000.000 for
administrative violations against regulations on domestic violence prevention
and combat; up to VND 8.000.000 for violations against regulations on social
security, order, and safety; and up to VND 15.000.000 for violations against
regulations on the prevention and combat against social issues;
c) Confiscation of the exhibits
and/or instrumentalities with a value not exceeding twice the amount of the
fine prescribed at Point b of this Clause;
d) Remedial measures prescribed in
Points a, c, and e of Clause 1 of Article 28 of the Law on Penalties for
Administrative Violations.
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a) Warning;
b) Fines of up to VND 9.000.000 for
administrative violations against regulations on domestic violence prevention
and combat; up to VND 12.000.000 for violations against regulations on social
security, order, and safety; and up to VND 22.500.000 for violations against
regulations on the prevention and combat against social issues;
c) Confiscation of the exhibits
and/or instrumentalities with a value not exceeding twice the amount of the
fine prescribed at Point b of this Clause;
d) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
5. Captain of Naval Coastguard
Squadron; Head of Reconnaissance Commission; Head of Task Force Commission for
Drug Crime Prevention and Control under the control of the Command of Coast Guard
of Vietnam have the power to impose the following forms of penalty:
a) Warning;
b) Impose fines of up to VND
15.000.000 for administrative violations against regulations on domestic
violence prevention and combat; up to VND 20.000.000 for violations against
regulations on social security, order, and safety; and up to VND 37.500.000 for
violations against regulations on the prevention and combat against social
issues;
c) Suspension of practicing
licenses/certificates or operation;
d) Confiscation of exhibits and/or
instrumentalities;
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6. Regional Command of Coast Guard
or Director of the Department of Operations and Legislation under the control
of the Command of Coast Guard of Vietnam have the power to impose the following
forms of penalty:
a) Warning;
b) Fines of up to VND 24.000.000
for administrative violations against regulations on domestic violence
prevention and combat; up to VND 32.000.000 for violations against regulations
on social security, order, and safety; and up to VND 60.000.000 for violations
against regulations on the prevention and combat against social issues;
c) Suspension of practicing
licenses/certificates;
d) Confiscation of exhibits and/or
instrumentalities;
dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
7. Commander of Vietnam Coast Guard
has the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 30.000.000
for administrative violations against regulations on domestic violence
prevention and combat; up to VND 40.000.000 for violations against regulations
on social security, order, and safety; and up to VND 75.000.000 for violations
against regulations on the prevention and combat against social issues;
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d) Confiscation of exhibits and/or
instrumentalities;
dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
Article 58.
Jurisdiction of Customs authorities
1. Customs officials on duty have
the power to:
a) Warning;
b) Fines of up to VND 2.000.000 for
violations against regulations on social security, order, and safety; and up to
VND 3.750.000 for violations against regulations on the prevention and combat
against social issues;
c) Confiscation of the exhibits
and/or instrumentalities with a value not exceeding twice the amount of the
fine prescribed at Point b of this Clause.
2. Head of border/out-of-border
checkpoint customs office; Head of the Customs Procedure inspection and
Post-customs clearance inspection team, Head of Customs Clearance Team, Head of
Customs Control Team under the Regional Customs Sub-Department; Head of the
Anti-Smuggling Control Team under the Anti-Smuggling Investigation
Sub-Department; the Head of the Regional Post-Clearance Inspection Team under
the Post-Clearance Inspection Sub-Department have the power to impose the
following forms of penalty:
a) Warning;
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c) Confiscation of the exhibits
and/or instrumentalities with a value not exceeding twice the amount of the
fine prescribed at Point b of this Clause;
d) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
3. Heads of the Anti-Smuggling
Investigation Sub-Departments, Heads of the Post-Clearance Inspection
Sub-Departments, and Heads of Regional Customs Sub-Departments have the power to
impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 20.000.000
for violations against regulations on social security, order, and safety; and
up to VND 37.500.000 for violations against regulations on the prevention and
combat against social issues;
c) Suspension of practicing
licenses/certificates or operation;
d) Confiscation of exhibits and/or
instrumentalities;
dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
4. Director of Customs Department
has the power to impose the following forms of penalty:
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b) Fines of up to VND 40.000.000
for violations against regulations on social security, order, and safety; and
up to VND 75.000.000 for violations against regulations on the prevention and
combat against social issues;
c) Suspension of practicing
licenses/certificates or operation;
d) Confiscation of exhibits and/or
instrumentalities;
dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
Article 59.
Jurisdiction of forest protection force
1. On-duty forest protection
officers have the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 2.000.000 for
violations against regulations on social security, order, and safety;
c) Confiscation of the exhibits
and/or instrumentalities with a value not exceeding twice the amount of the
fine prescribed at Point b of this Clause.
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a) Warning;
b) Fines of up to VND 8.000.000 for
violations against regulations on social security, order, and safety;
c) Confiscation of the exhibits
and/or instrumentalities with a value not exceeding twice the amount of the
fine prescribed at Point b of this Clause;
d) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
3. Heads of forest protection
offices; Heads of mobile ranger and forest fire prevention and fighting teams
have the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 12.000.000
for violations against regulations on social security, order, and safety;
c) Confiscation of the exhibits
and/or instrumentalities with a value not exceeding twice the amount of the
fine prescribed at Point b of this Clause;
d) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
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a) Warning;
b) Fines of up to VND 20.000.000
for violations against regulations on social security, order, and safety;
c) Suspension of practicing licenses/certificates
or operation;
d) Confiscation of exhibits and/or
instrumentalities;
dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
5. Director of Forestry and Forest
Protection Department has the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 40.000.000
for violations against regulations on social security, order, and safety;
c) Suspension of practicing
licenses/certificates or operation;
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dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
Article 60.
Jurisdiction of fisheries surveillance force
1. On-duty fisheries resources
surveillance officers have the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 2.000.000 for
violations against regulations on social security, order, and safety;
c) Confiscation of the exhibits
and/or instrumentalities with a value not exceeding twice the amount of the
fine prescribed at Point b of this Clause.
2. Heads of fisheries surveillance
stations affiliated to Regional Fisheries Surveillance Sub-departments have the
power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 8.000.000 for
violations against regulations on social security, order, and safety;
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dd) Remedial measures prescribed in
Points a, e, and i of Clause 1 of Article 28 of the Law on Penalties for
Administrative Violations and Point b of Clause 3 hereof.
3. Heads of Regional Fisheries
Surveillance Sub-departments affiliated to Vietnam Directorate of Fisheries;
Heads of Fisheries Sub-Departments affiliated to Department of Agriculture and
Environment have the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 20.000.000
for violations against regulations on social security, order, and safety;
c) Suspension of practicing
licenses/certificates or operation;
d) Confiscation of exhibits and/or
instrumentalities;
dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
4. Director of Vietnam Directorate
of Fisheries has the power to impose the following forms of penalty:
a) Warning;
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c) Suspension of practicing
licenses/certificates or operation;
d) Confiscation of exhibits and/or
instrumentalities;
dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
Article 61.
Jurisdiction of market surveillance force
1. On-duty market controllers have
the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 4.000.000 for
violations against regulations on social security, order, and safety;
c) Confiscation of the exhibits
and/or instrumentalities with a value not exceeding twice the amount of the
fine prescribed at Point b of this Clause.
2. Leaders of Market Surveillance
Teams affiliated to Market Surveillance Sub-Departments under the control of
the Department of Industry and Trade have the power to impose the following
forms of penalty:
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b) Fines of up to VND 12.000.000
for violations against regulations on social security, order, and safety;
c) Confiscation of the exhibits
and/or instrumentalities with a value not exceeding twice the amount of the
fine prescribed at Point b of this Clause;
d) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
3. Heads of Market Surveillance
Sub-Departments, Heads of Professional Divisions under the control of the
Agency for Domestic Market Surveillance and Development have the power to
impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 20.000.000
for violations against regulations on social security, order, and safety;
c) Suspension of practicing
licenses/certificates or operation;
d) Confiscation of exhibits and/or
instrumentalities;
dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
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a) Warning;
b) Fines of up to VND 40.000.000
for violations against regulations on social security, order, and safety;
c) Suspension of practicing licenses/certificates
or operation;
d) Confiscation of exhibits and/or
instrumentalities;
dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
Article 62.
Jurisdiction of inspectors
1. Inspectors of the Ministry of
National Defense, the Ministry of Public Security, State Bank of Vietnam; the
Government Cipher Committee, Department of Radiation and Nuclear Safety,
Vietnam Maritime and Waterway Administration, Civil Aviation Authority or State
Securities Commission have the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 3.000.000 for
administrative violations against regulations on domestic violence prevention
and combat; up to VND 4.000.000 for violations against regulations on social
security, order, and safety; and up to VND 7.500.000 for violations against
regulations on the prevention and combat against social issues;
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2. The Head of inspectorate of
Department of Radiation and Nuclear Safety, Vietnam Maritime and Waterway
Administration, Civil Aviation Authority, State Securities Commission, Regional
State Bank, Police Department of Management of Prisons, compulsory education
establishments and reform schools, Police Department of Fire Prevention and
Fighting and Rescue, provincial Police Authority, Government Cipher Committee;
Head of the Military Inspectorate, Hanoi Capital Command have the power to
impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 15.000.000
for administrative violations against regulations on domestic violence
prevention and combat; up to VND 20.000.000 for violations against regulations
on social security, order, and safety; and up to VND 37.500.000 for violations
against regulations on the prevention and combat against social issues;
c) Confiscation of exhibits and/or
instrumentalities;
d) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
3. Chief Cipher Inspector; Chief
Inspector of Department of Radiation and Nuclear Safety; Chief Inspector of
Vietnam Maritime and Waterway Administration; Chief Inspector of Civil Aviation
Authority; Chief Inspector of State Securities Commission; Chief Military
Defense Inspector; Chief Defense Inspector of Hanoi Capital Command; Chief
Inspector of SBV’s regional branch; Chief Inspector of Police Department for
management of prisons, compulsory education establishments and reform schools; Chief
Inspector of Police Department of Fire Prevention and Fighting and Rescue;
Chief Inspector of provincial Police Authority have the power to impose the
following forms of penalty:
a) Warning;
b) Fines of up to VND 24.000.000
for administrative violations against regulations on domestic violence
prevention and combat; up to VND 32.000.000 for violations against regulations
on social security, order, and safety; and up to VND 60.000.000 for violations
against regulations on the prevention and combat against social issues;
c) Suspension of practicing
licenses/certificates or operation;
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dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
4. The Chief Inspector of the
Ministry of National Defense, the Ministry of Public Security, State Bank of
Vietnam; the Head of inspectorate established by the Chief Inspector of the
Ministry of National Defense, the Ministry of Public Security, State Bank of
Vietnam have the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 30.000.000
for administrative violations against regulations on domestic violence
prevention and combat; up to VND 40.000.000 for violations against regulations
on social security, order, and safety; and up to VND 75.000.000 for violations
against regulations on the prevention and combat against social issues;
c) Suspension of practicing
licenses/certificates or operation;
d) Confiscation of exhibits and/or
instrumentalities;
dd) Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
Article 63.
Jurisdiction of overseas diplomatic missions, consular missions and other
missions authorized to perform consulate functions of the Socialist Republic of
Vietnam
Head of overseas diplomatic
mission, consular mission or another mission authorized to perform consulate
functions of the Socialist Republic of Vietnam have the power to impose the
following forms of penalty:
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2. Fines of up to VND 40.000.000
for violations against regulations on social security, order, and safety.
3. Confiscation of exhibits and/or
instrumentalities.
4. Remedial measures as prescribed
in Clause 3 of Article 3 hereof.
Article 64.
Rules for determination and distinction of powers to impose penalties
1. Penalties for administrative
violations imposed by competent persons prescribed in Articles 54, 55, 56, 57,
58, 59, 60, 61, 62, and 63 hereof are those imposed for administrative
violations committed by individuals. In case of fines, the fine imposed upon an
organization is twice as much as that imposed upon an individual by the same
titleholder.
2. Presidents of People’s
Committees at all levels have the authority to impose penalties and apply
remedial measures for administrative violations specified in Chapter II hereof
according to their jurisdiction prescribed in Article 54 hereof and assigned
functions, tasks and authority.
3. Individuals competent to impose
penalties of the People’s Police shall have the power to impose penalties and
apply remedial measures for administrative violations specified in Chapter II
hereof within their jurisdiction prescribed in Article 55 hereof and functions,
tasks and authority within their management sector/area.
4. Individuals competent to impose
penalties of the Vietnam Border Guard shall have the power to impose penalties
and apply remedial measures for administrative violations specified in Articles
8, 9, 10, 11, 12, 13 and 14; clause 2 of Article 17; Articles 18, 20, 21, 22
and 26; and the Articles in Sections 2 and 3 of Chapter II hereof within their
jurisdiction prescribed in Article 56 hereof and their scope, field of
management, and appropriate to their assigned functions, duties, authority, and
administrative division.
5. Individuals competent to impose penalties
of the Vietnam Coast Guard shall have the power to impose penalties and apply
remedial measures for administrative violations specified in Article 8; point a
of clause 1, points a, b and c of clause 2, point a of clause 4 of Article 11;
Articles 12, 13, 14, 18; clause 1 of Article 23; Article 24; Article 26;
Articles in Sections 2 and 3 of Chapter II hereof within their jurisdiction
prescribed in Article 57 hereof and their assigned functions, duties,
authority, and sea areas.
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7. Individuals competent to impose
penalties of the forest protection force/fisheries surveillance force shall
have the power to impose penalties and apply remedial measures for
administrative violations specified in Article 26 hereof within their
jurisdiction prescribed in Articles 59 and 60 hereof and assigned functions,
tasks and authority.
8. Head of overseas diplomatic
mission, consular mission or another mission authorized to perform consulate
functions of the Socialist Republic of Vietnam have the power to impose
penalties and apply remedial measures for administrative violations specified in
Articles 21 and 26 hereof within their jurisdiction prescribed in Articles 63
hereof and assigned functions, tasks and authority.
9. Individuals competent to impose
penalties of the Inspecting Authorities shall have the power to impose
penalties and apply remedial measures for administrative violations specified
in Articles 8, 26 and 29; Articles in Sections 2 and 3 of Chapter II hereof
within their jurisdiction prescribed in Articles 62 hereof and assigned
functions, tasks and authority.
10. Individuals competent to impose
penalties of the Market Surveillance Force shall have the power to impose
penalties and apply remedial measures for administrative violations specified
in Articles 12, 13, 14, 23 and 24 hereof within their jurisdiction prescribed
in Articles 61 hereof and assigned functions, tasks and authority.
Article 65.
Authority for preparation of records of administrative violations
1. Competent persons prescribed in
Articles 54, 55, 56, 57, 58, 59, 60, 61, 62, and 63 hereof shall have the power
to prepare records of administrative violations.
2. The competent persons, those
assigned to perform inspection duties, and members of the People's Police force
who are on duty and performing tasks according to their assigned functions,
duties, and authority shall have the power to prepare records of administrative
violations.
Chapter IV
IMPLEMENTATION CLAUSES
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1. Amendment to point a of clause 2
of Article 7:
“a) Fully comply with the
regulations stated in the decision to impose administrative penalty including
the deportation except for cases under clause 4 of Article 10 hereof;".
2. Amendment to clause 4 of Article
10:
“4. The decision on imposing
deportation on the violating foreigner as an additional penalty specified in
Clause 2 of Article 21 of the Law on Penalties for Administrative Violations
shall comply with Clauses 1, 2 and 3 of this Article. In the case where the
administrative penalty decision includes fine as the main penalty and
deportation as the additional penalty, the procedure for execution of the
administrative penalty decision must be carried out in accordance with the Law
on Penalties for Administrative Violations and the Decree elaborating the Law
on Penalties for Administrative Violations. When carrying out the procedures for
enforcement of an administrative penalty decision as prescribed, if the
violator has no assets or financial capacity to pay the fine specified in the
penalty decision and it is necessary to ensure national security, social order,
and safety, the deportation penalty shall be executed immediately, and the
enforcement shall be terminated after the deportation penalty has been carried
out
Article 67.
Amendments to Article 34 of Government’s Decree No. 162/2018/ND-CP dated
November 30, 2018, on penalties for administrative violation against
regulations on civil aviation (amended by Government’s Decree No.
123/2021/ND-CP dated December 28, 2021).
“Article 34. Jurisdiction of
People’s Police
1. Police officers on duty have the
power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 10.000.000;
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2. Heads of mobile police units at
company level have the power to impose the following penalties:
a) Warning;
b) Fines of up to VND 20.000.000;
c) Confiscation of the exhibits
and/or instrumentalities with a value not exceeding twice the amount of the
fine prescribed at Point b of this Clause;
d) Remedial measures as prescribed
in points c and dd of Clause 3 of Article 4 hereof.
3. Heads of police stations, heads
of mobile police units at battalion level, heads of stations; leaders have the
right to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 30.000.000;
c) Suspension of practicing
licenses/certificates or operation;
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dd) Remedial measures as prescribed
in points c and dd of Clause 3 of Article 4 hereof.
4. Heads of commune-level police
authorities have the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 50.000.000;
c) Suspension of practicing
licenses/certificates or operation;
d) Confiscation of exhibits and/or
instrumentalities;
dd) Remedial measures as prescribed
in Clause 3 of Article 4 hereof.
5. Head of International Airport
Police Office; Heads of professional divisions affiliated to Police Bureau for
Administrative Management of Social Order; Heads of professional divisions
affiliated to Bureau of Traffic Police; Heads of professional divisions
affiliated to Police Bureau of Fire Prevention and Rescue; Heads of
professional divisions affiliated to Bureau of Immigration; Head of
Regiment-level Mobile Police Unit; Heads of Divisions affiliated to the
provincial Police Authority, including: Heads of Police Divisions for
Administrative Management of Social Order, Heads of Police Divisions for
Investigation into Social Order Crimes, Heads of Traffic Police Divisions,
Heads of Mobile Police Divisions, Heads of Police Divisions for Investigation
into Corruption, Economic, Smuggling and Environment Crimes, Heads of Police
Divisions for Fire Prevention, Fire Fighting and Rescue, Heads of Mobile Police
Divisions have the power to impose the following forms of penalty:
a) Warning;
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c) Suspension of practicing
licenses/certificates or operation;
d) Confiscation of exhibits and/or
instrumentalities;
dd) Remedial measures as prescribed
in Clause 3 of Article 4 hereof.
6. The Head of Immigration Division
affiliated to the provincial police authority has the jurisdiction to impose
any penalty specified in clause 5 of this Article and decide to impose the
deportation penalty.
7. Directors of the provincial
police authorities have the power to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 100.000.000;
c) Suspension of practicing
licenses/certificates or operation;
d) Confiscation of exhibits and/or
instrumentalities;
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e) Remedial measures as prescribed
in Clause 3 of Article 4 hereof.
8. Director of Police Bureau of
Administrative Management of Social Order, Director of Police Bureau of
Investigation into Social Order-related Crimes, Director of Police Traffic
Bureau, Director of Police Bureau of Fire Prevention and Rescue, Director of
Police Bureau of Environmental Crime Prevention, Director of Home Security
Bureau, Mobile Police Command have the power to impose the following forms of
penalty:
a) Warning;
b) Fines of up to VND 100.000.000;
c) Suspension of practicing
licenses/certificates or operation;
d) Confiscation of exhibits and/or
instrumentalities;
dd) Remedial measures as prescribed
in Clause 3 of Article 4 hereof.
9. Director of Bureau of
Immigration has the jurisdiction to impose any penalty specified in clause 8 of
this Article and decide to impose the deportation penalty.
10. People’s Police force shall
have the power to impose penalties for administrative violations against
regulations on civil aviation in the following cases:
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b) Administrative civil aviation
violation regarding social security, order and safety are discovered at public
areas of airports or aerodromes or are transferred by civil aviation
authorities;
c) Violations against regulations
in Articles 25, 26 and 27 hereof.”.
Article 68.
Amendments to Decree No. 189/2025/ND-CP dated July 1, 2025 of the Government on
elaboration of Law on Penalties for Administrative Violations regarding
jurisdiction to impose penalties for administrative violations.
1. Amendment to first paragraph of
Clause 5 of Article 8 as follows:
“5. Head of International Airport
Police Office, Heads of professional divisions affiliated to Bureau of Homeland
Security, including: Head of General Advisory Division, Head of Catholic
Security Division, Head of Division of Security for Other Religions, Head
of Ethnic Security Division, Head of Anti-Reactionary Division, Head of
Anti-Terrorism Division, Head of Social Security Division; Heads of
professional divisions affiliated to Bureau of Internal Political Security,
including: Heads of Internal Security Divisions affiliated central authorities
of Communist Party and State, Head of Security Divisions affiliated to central
judicial authorities, law-making authorities, political and social
organizations, Head of Press and Publishing Security Division, Head of Health
and Education Security Division, Head of Culture, Sports and Social Labor
Security Division, Head of Post, Telecommunications and Information Technology
Security Division, Head of Division of State Management of Protection of State
Secrets; Heads of professional divisions affiliated to Bureau of Economic
Security, including: Head of Industry and Trade Security Division, Head of
Monetary Security Division, Head of Division of Traffic and Construction
Security, Head of Division of Finance and Investment Security, Head of Division
of Agriculture, Forestry and Fishery Security, Head of Division of Science,
Technology and Natural Resources and Environment Security; Heads of
professional divisions affiliated to Police Bureau of Investigation into
Drug-related Crimes, including: Head of Division of Prevention and
Investigation into Crimes related to Illegal Drug Trading and Transportation,
Head of Division of Prevention and Investigation into Crimes related to
organization and permission of illegal use of Drug, Head of Division of
Prevention and Investigation into Crimes related to Illegal Drug Production,
Head of Division of Prevention and Investigation into Crimes in Legal
Activities Related to Drugs; Heads of professional divisions affiliated
to Police Bureau for Administrative Management of Social Order, including: Head
of Division of Provision of Guidance and Management of Weapons, Explosive
materials, Support instruments and Fireworks, Head of Division of Provision of
Guidance and Management of Conditional Business Lines on Security, Order and
Seals, Director of the National Population Data Center; Heads of professional
divisions affiliated to Bureau of Traffic Police, including: Head of Guidance
Division for Dissemination of Information, Investigation and Handling of
Traffic Accidents, Head of Division of Guidance on Registration and Inspection
of Vehicles, Head of Division of Guidance, Training, Testing and Management of
Driver Licenses issued to Vehicle Operators, Head of Division of Guidance on
Patrol and Control of Road and Railway Traffic, Head of Division of Guidance on
Traffic Control and Escort , Head of Division of Patrol, Control and Prevention
and Combat of Crimes on Inland Waterways, Captain of Squadron; Heads of professional
divisions affiliated to Police Bureau of Fire Prevention and Rescue, including:
Head of Fire Prevention Division, Head of Fire Prevention and Fighting Approval
Division, Head of Fire Fighting and Rescue Division, Head of Division of
Management of Science - Technology and Inspection of Fire Prevention, Fighting
and Rescue Equipment; Heads of professional divisions affiliated to Bureau of
Cybersecurity and High-Tech Crime Prevention and Control, including: Head of
Division of Prevention and Control of Cybercrime Using Cyberspace to Violate
Economic Management Order, Head of Division of Prevention and Control of
Cybercrime Using Cyberspace to Violate Social Order, Head of Division of Cyber
Information Security, Head of Division of Protection of National Information
Network Security, Head of Division of Monitoring of Cyber Information and
Prevention of Cyberspace use for Violations against National Security; Heads of
professional divisions affiliated to Bureau of Immigration, including: Head of
Division of Management of Immigration and Residence of Foreigners, Head of
Division of Management of Immigration of Vietnamese Citizens, Director of the
National Aviation Security Center; Heads of professional divisions affiliated
to the National Data Center, including: Head of General Advisory Division, Head
of Application Administration Division, Head of Data Administration Division,
Head of System Security and Safety Division, Head of Information Technology
System Administration and Operation Division, Head of Data Center Station Shell
Administration and Operation Division; Heads of professional divisions
affiliated to Bureau of Professional Records, including: Director of the
Information and Professional Data Center of the Ministry of Public Security,
Director of the Center for Receiving and Processing Operational Information,
Head of the Division of IT and Professional Records Database Management, Head
of Regiment-level Mobile Police Unit; Heads of Divisions affiliated to the
provincial Police Authority, including: Head of Home Security Division, Head of
Internal Political Security Division, Head of Police Division for
Administrative Management of Social Order, Head of Police Divisions for
Investigation into Social Order Crimes, Head of Police Division for Investigation
into Corruption, Economic, Smuggling and Environment Crimes, Head of Police
Division for Investigation into Drug-related Crimes, Head of Traffic Police
Division, Head of Mobile Police Division, Head of Police Division for Execution
of Criminal Judgments and Judicial Assistance, Head of Police Division for Fire
Prevention, Fire Fighting and Rescue, Head of Division of Cybersecurity and
High-Tech Crime Prevention and Control, Head of Economic Security Division,
Head of Foreign Security Division, Head of Department of Professional Records,
Chief of Office of the Investigation Police Agency affiliated to the provincial
Police Authority have the power to impose the following forms of penalty:”.
2. Amendment to first paragraph of
Clause 8 of Article 8 as follows:
“8. Director of Internal Political
Security Bureau, Director of Economic Security Bureau, Chief of the Office of
the Police Investigation Agency affiliated to the Ministry of Public Security,
Director of Police Bureau of Administrative Management of Social Order,
Director of Police Bureau of Investigation into Social Order-related Crimes,
Director of Police Bureau of Investigation into Corruption, Economy and
Smuggling-related Crimes, Director of Police Bureau of Investigation into
Drug-related Crimes, Director of Police Traffic Bureau, Director of Police
Bureau of Fire Prevention and Rescue, Director of Police Bureau of
Environmental Crime Prevention, Director of Bureau of Cybersecurity and
High-Tech Crime Prevention and Control, Director of Home Security Bureau,
Director of Police Bureau for Managing Custody, Temporary detention and
Criminal judgment Execution in the Community; Mobile Police Command, Director
of the National Data Center, Director of the Bureau of Professional Records
have the power to impose the following forms of penalty:”.
Article 69.
Effect
1. This Decree comes into force
from December 15, 2025, except for the regulations specified in Clause 2 of
this Article.
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3. In case the legislative
documents referenced in this Decree are amended or replaced, the newer document
shall be applied.
4. This Decree replaces
Government’s Decree No. 144/2021/ND-CP dated December 31, 2021, on penalties
for administrative violations against regulations on security, order, social
safety; prevention and combat against social issues; fire prevention and
fighting; search and rescue; and prevention and combat against domestic
violence.
5. Article 47 of the Government’s
Decree No. 82/2020/ND-CP dated July 15, 2020, on penalties for administrative
violations against regulations on justice assistance; justice administration;
marriage and family; civil judgment execution; bankruptcy of enterprises and
cooperatives (amended by the Government’s Decree No. 117/2024/ND-CP dated
September 18, 2024) is hereby annulled.
Article 70.
Transitional provisions
1. For administrative violations
against regulations on social security, order, and safety; prevention and
combat against social issues; prevention and combat against domestic violence;
and civil aviation that occur and end before this Decree comes into force but
are discovered or are being considered and handled after this Decree comes into
force, the Government’s Decrees on penalties for administrative violations and
relevant legislative documents effective at the time of the violation shall be
applied.
2. For administrative violations
against regulations on social security, order, and safety; prevention and
combat against social issues; prevention and combat against domestic violence;
and civil aviation that occur and end before this Decree comes into force but
are still ongoing after this Decree comes into force, the regulations in this
Decree shall be applied.
3. If the violators have complaints
on administrative penalty decisions that are issued or fully executed before
this Decree comes into force, the regulations in the Law on Penalties for
Administrative Violations, the Government’s Decrees on penalties for
administrative violations and relevant legislative documents effective at the
time of the violation shall be applied.
Article 71.
Implementation responsibilities
1. The Minister of Public Security
is responsible for providing guidance, inspecting, urging, and organizing the
implementation of this Decree.
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ON
THE BEHALF OF THE GOVERNMENT
PRIME MINISTER
Pham Minh Chinh