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THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 79/2026/ND-CP
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Hanoi, March 18, 2026
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DECREE
PROVIDING FOR PENALTIES FOR ADMINISTRATIVE
VIOLATIONS IN FIELDS OF NATIONAL BORDER MANAGEMENT AND PROTECTION
Pursuant
to the Law on Government Organization No. 63/2025/QH15;
Pursuant
to the Law on Handling of Administrative Violations No. 15/2012/QH13 amended
and supplemented by the Law No. 67/2020/QH14 and Law No. 88/2025/QH15;
Pursuant
to the Law on National Border No. 06/2003/QH11;
At the
request of the Minister of National Defense;
The
Government hereby promulgates a Decree providing for penalties for
administrative violations in fields of national border management and
protection
Chapter I
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Article 1. Scope
1. This
Decree provides for administrative violations; terminated administrative
violations and ongoing administrative violations; penalties, fines, remedial measures;
the power to make records of administrative violations and the power to impose
penalties for administrative violations; specific fines to be imposed by each
title holder; implementation of penalties for administrative violations and
remedial measures in fields of national border management and protection.
2. Other
administrative violations in relation to fields of border management and
protection committed in border areas which are not covered by this Decree shall
be governed by other regulations on penalties for administrative violations in
relevant state management fields.
Article 2. Regulated entities
1. This
Decree applies to Vietnamese and foreign organizations and individuals
(hereinafter referred to as “entities”) that commit administrative violations
within the territory of Vietnam; persons who have the power to make records of
administrative violations and persons who have the power to impose penalties
for administrative violations prescribed in this Decree.
2. The
organizations specified in clause 1 of this Article include:
a) State
agencies committing violations which are not related to their assigned state
management duties;
b)
Enterprises that are duly established and operate in accordance with Vietnam’s
laws; branches and representative offices of foreign enterprises operating in
Vietnam;
c)
Cooperatives, cooperative unions, artels;
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dd)
Social organizations, socio-political organizations and socio-professional
organizations.
e) Other
organizations established as prescribed by law.
3.
Penalties imposed upon a household business that registers their business in
accordance with law or family household shall be same as those imposed upon an
individual for committing the same administrative violation specified in this
Decree.
Article 3. Definitions
For the
purposes of this Decree, the terms below shall be construed as follows:
1.
“damaging a national border line sign, national border maker, marking pole,
item used to mark border, flag pole, sovereignty stele on an island or
basepoint; waters defense work or border work” means altering the original
state of such national border line sign, national border maker, marking pole,
item used to mark border, flag pole, sovereignty stele on an island or
basepoint; waters defense work or border work.
2.
“waters defense works” means a system of military works and civil defense works
within maritime boundary areas, except for the border works.
3.
“border work” means a work that is built to reinforce the national border and
work serving the management and protection of the national border.
4.
“permanent work” means any work that is built with construction materials
according to a design, has a permanent, solid, and long-lasting nature and is
classified according to its functions, including civil works, industrial works,
technical infrastructure works, transport works, agriculture and rural
development works, national defense and security works as well as equipment
installed therein, which are attached to and affixed to land, possibly include
underground, above-ground, underwater and above-water portions but do not
include border patrol routes; barbed wire fences; monitoring, control and
blocking equipment; border gates.
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6.
“documents valid for border exit and entry” include:
a)
Passports, international travel documents, documents issued to foreigners for
their entry to, exit from, and residence in Vietnam, ABTC, AB stamps;
laissez-passers issued under agreements between Vietnam and countries sharing
the same land border;
b) Other
documents as prescribed by treaties of which the Socialist Republic of Vietnam
is a member.
7.
“documents valid for border exit and entry for border residents” include:
a)
Vietnam - China border: border laissez-passers;
b)
Vietnam - Laos border: Documents agreed upon by both Parties (as prescribed in
point d clause 1 Article 23 of the Agreement on Border and Border Gate
Management Regulations between the Government of the Socialist Republic of
Vietnam and the Government of the Lao People's Democratic Republic dated March
16, 2016);
c) Vietnam
- Cambodia border: Border ID cards (for Cambodian border residents) and Citizen
ID cards.
Article 4. Time for determination of prescriptive periods
for imposition of penalties for administrative violations in fields of national
border management and protection
1. The
determination of whether an administrative violation has been completed or is
ongoing, for the purpose of determining the prescriptive period of the
violation, shall comply with clause 1 Article 8 of the Government’s Decree No.
118/2021/ND-CP dated December 23, 2021 on elaboration of some Articles and
measures for implementation of the Law on Handling of Administrative Violations
amended and supplemented by the Decree No. 68/2025/ND-CP and Decree No.
190/2025/ND-CP.
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a) For
the administrative violation specified in point dd clause 2 Article 9; point dd
clause 5 Article 12 of this Decree, the prescriptive period for penalty
imposition shall be reckoned from the date on which the individual or
organization completes the act of providing untruthful information;
implementing incomplete or inaccurate declaration procedures in order to obtain
any document valid for border exit and entry or falsifying an electronic border
guard dossier;
b) For an
administrative violation against regulation on notification, declaration, reporting,
registration or request for permission; failure to present a license, misuse of
a license or use of a license beyond the timeframe or scope covered by the
license as specified in point b clause 2, point a clause 4, points a and b
clause 7 Article 9; points b and c clause 7, clause 8, point b clause 9, point
c clause 10 Article 11; clauses 1 and 2, points d and e clause 5, and points a
and d clause 6 Article 12 of this Decree, the prescriptive period shall be
reckoned from the date on which the individual or organization commits the
violation;
c) For
the administrative violation specified in clause 3 Article 10; point a clause
3, point e clause 4, point a clause 5 Article 12 of this Decree, the
prescriptive period for penalty imposition shall be reckoned from the date on
which the individual or organization fails to comply with an inspection
decision or resists or fails to provide information in accordance with an order
or decision issued by a competent state agency as prescribed by law;
d) For
the violation against regulations on deadlines for reporting or notification
specified in point c clause 3, clause 5 Article 11; clause 1 Article 14 of this
Decree, the ending date of a violation shall be the date on which the
organization or individual makes the report or notification in accordance with
regulations;
dd) The
prescriptive period of an ongoing administrative violation other than that
specified in point a, b, c or d of this clause shall be reckoned from the date
on which the violation is discovered by the on-duty competent person.
Article 5. Penalties, penalty imposition rules, remedial
measures
1. When
committing any administrative violation in fields of national border management
and protection, the violating entity shall incur one of the following primary
penalties:
a)
Warning; or
b) Fine.
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a)
Confiscation of exhibits and/or instrumentalities of the administrative
violations (hereinafter referred to as “exhibits and/or instrumentalities”).
b)
Suspension of license to exploit or explore natural resources or minerals,
aquatic product exploration license, fishing license, environmental license, construction
permit, transport license or business license for a fixed period of 06 - 12
months; suspension of driver’s license, certificate of competency,
international tour operator license and license to provide services or conduct
commercial activities at land border checkpoints for a fixed period of 03 - 06
months;
c)
Deportation.
3. Rules
for imposition of penalties for administrative violations in fields of national
border management and protection with respect to a repeated administrative
administration: If an organization or individual that repeatedly commits an
administrative violation in fields of national border management and
protection, such repeated commission of the violation shall be considered as an
aggravating circumstance, except the commission of the violations specified in
clause 1, point a clause 2, clauses 3 and 4 Article 15; clause 1 Article 16 of
this Decree, in which case the violating entity that repeatedly commits an
administrative violation shall incur penalties for each commission of that
violation.
4. In
addition to the remedial measures prescribed in points a, b, c, d, dd and i
clause 1 Article 28 of the Law on Handling of Administrative Violations, this
Decree provides for remedial measures applied in fields of national border management
and protection as follows:
a)
Enforced exit from a border area or border checkpoint area (except border
residents);
b)
Enforced transport of goods in transit, transshipped goods, goods involved in
merchanting trade transactions, goods moved to another custom post outside the
checkpoint area or temporarily imported goods at the correct border checkpoint
or route;
c)
Enforced obtainment of opinions of the Ministry of National Defense, Ministry
of Public Security, provincial People’s Committees and relevant agencies;
d)
Enforced return of shore pass, boarding pass, permits;
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Article 6. Procedures for imposition of penalties and
enforcement of penalty imposition decisions, execution of penalties for
administrative divisions, online handling of administrative violations
1.
Procedures for imposition of penalties and enforcement of penalty imposition
decisions in fields of national border management and protection shall be
implemented in compliance with the provisions set out under Chapter III Part II
of the Law on Handling of Administrative Violations, Decree No. 118/2021/ND-CP
amended and supplemented by the Decree No. 68/2025/ND-CP and Decree No.
190/2025/ND-CP and provisions of this Decree.
2. In
case only a fine is imposed upon the violating individual or organization, the
person having power to impose penalties for administrative violations in
fields of national border management and protection reserves the right to
impound relevant documents in accordance with clause 6 Article 125 of the Law
on Handling of Administrative Violations.
3. In
case a violating individual or organization is liable to an additional penalty
in the form of confiscation of exhibits and/or instrumentalities, the person
having power to impose penalties for administrative violations in fields of
national border management and protection reserves the right to impound the
exhibit/instrumentality, license or practicing certificate as prescribed in
clause 1 Article 125 of the Law on Handling of Administrative Violations and
shall request the violating individual or organization to transport the
instrumentality to the office for handling.
4. For
the violations specified in point c clause 6, point b clause 9 Article 9;
clause 6 Article 13; clause 4 Article 15 of this Decree, the competent person
who is handling the case must transfer the case file to the authority competent
to institute criminal proceedings for criminal prosecution in accordance with
Article 62 of the Law on Handling of Administrative Violations.
Where the
authority competent to institute criminal proceedings issues a decision
not to file criminal charges, decision to annul the decision to file
criminal charges, decision to terminate investigation, decision to dismiss the
case, decision to dismiss the lawsuit against the suspect or decision to grant
exemption from criminal liability under a judgment, the handling of
administrative violations shall comply with clause 3 Article 62 of the Law on
Handling of Administrative Violations and this Decree.
5. Where
a person operates a land cross-border means of transport without a badge
attached to it or documents or with expired documents with respect to one of
the documents prescribed by the Agreement on Road Transport signed between
Vietnam and countries sharing the same border and Vietnam’s law, the person
having power to impose penalties for administrative violations in fields of
national border management and protection reserves the right to suspend exit
procedures for Vietnamese means of transport or suspend entry/exit procedures
for foreign vehicles.
6. The
online handling of administrative violations in fields of national border
management and protection shall comply with the provisions set out under the
Decree No. 118/2021/ND-CP amended and supplemented by the Decree No.
68/2025/ND-CP and Decree No. 190/2025/ND-CP when the infrastructure, technical
and information requirements in accordance with the law on handling of
administrative violations are satisfied.
Article 7. Fines and power to impose fines
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2. The
fines prescribed in Chapter II hereof are imposed for administrative violations
committed by individuals, except for the violations specified in point a clause
4, point a clause 5, point a clause 7 Article 9; point a clause 5 Article 10;
point b clause 7 Article 11; point d clause 2 Article 12; Article 14 of this
Decree. The fine imposed upon an organization is twice as much as the fine
imposed upon an individual for the same violation.
3. The
fines imposed by the title holders prescribed in Chapter III of this Decree are
those imposed for administrative violations committed by individuals. A title
holder is entitled to impose a fine which is twice as much as that imposed upon
an individual upon an organization for committing the same administrative
violation.
Chapter II
ADMINISTRATIVE
VIOLATIONS, PENALTIES AND REMEDIAL MEASURES
Article 8. Violations against regulations on management and
protection of national border, national border markers and border line signs
1. A fine
ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for any one of
the following violations:
a) Carrying
out geological exploration, natural resource exploitation or mineral mining
according to the license in a manner that damages any national border line
sign, national border maker, marking pole, item used to mark border, flag pole,
sovereignty stele on an island or basepoint; waters defense work or border
work;
b)
Dumping of soil, rocks and waste in border rivers and streams.
c)
Failure to formulate a plan for prevention and mitigation of water resource
depletion or causing flooding when constructing any work on border rivers and
streams.
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a)
Damaging any national border marker, marking pole, border line sign, border
maker, item used to mark border, flag pole, basepoint or sovereignty stele on
an island;
b)
Changing water flows of border rivers and streams or affecting national border;
c)
Illegal construction of any permanent work within 30 meters from the Vietnam -
China land border or within 100 meters from the Vietnam - Laos and Vietnam -
Cambodia land borders;
d)
Illegal construction of any work on border rivers and streams.
3.
Additional penalties:
a)
Confiscation of the exhibit and/or instrumentality used for committing the
violations specified in points a and b clause 1, and clause 2 of this Article;
b)
Suspension of license to exploit or explore natural resources or minerals,
construction permit for a fixed period of 06 - 12 months in case of
commission of the violations specified in point a clause 1 and points c and d
clause 2 of this Article;
c)
Deportation of the foreign national who commits any of the administrative
violations specified in this Article.
4.
Remedial measures
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b)
Enforced payment of an amount equivalent to the value of the exhibits and/or
instrumentalities which have been sold, liquidated, hidden, or destroyed in
contravention of the law, in case of commission of the violations in points a
and b clause 1, clause 2 of this Article.
Article 9. Violations against regulation on land border
area
1. A
warning or a fine ranging from VND 300,000 to VND 500,000 shall be imposed upon
a Vietnamese citizen who enters a land border area without his/her Citizen ID
card, ID card, e-ID card or passport.
2. A fine
ranging from VND 500,000 to VND 1,000,000 shall be imposed:
a) For
temporarily residing, staying or travelling in a land border area in
contravention of regulations; or
b) For
failure to notify, declare or register temporary residence, stay or travel in a
land border area with a competent authority or competent person or concealing
or facilitating another person’s illegal temporary residence, stay or travel in
a land border area; or
c) Upon a
border resident who uses expired entry/exit document to cross the border; or
d) Upon a
border resident who travels outside the permitted areas when permitted to
travel across the border; or
dd) Upon a
resident for providing untruthful information to be issued with an entry/exit
document; or
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g) Upon a
resident that grazes cattle and poultry across the border.
3. A fine
ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for any one of the
following violations:
a)
Carrying out farming or excavation within the border sightline;
b) Violating
operating principles applied to ships on border rivers and streams;
c) Leaving, entering,
travelling, operating vehicles or conducting activities against regulations
within a prohibited area.
4. A fine
ranging from VND 2,000,000 to VND 3,000,000 shall be imposed:
a) Upon
an authority or organization that brings foreign nationals to a land border
area without sending any person to accompany them or notifying the Border Guard
Command and provincial public security department of arrival; or
b) For
failure to comply with the decision to suspend activities within a land border
area or the border belt issued by a competent person; or
c) For
facilitating unlawful operations of persons or vehicles within a land border
area; or
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dd) For
illegally filming, photographing, measuring or drawing landscapes or recording
videos using electronic devices or radio transceivers in the prohibited area in
the border area.
5. A fine
ranging from VND 3,000,000 to VND 5,000,000 shall be imposed upon:
a) An
authority or organization that brings foreign nationals to a land border area
in case where the authority or organization has yet to be licensed or has not
been licensed by a competent police authority; or
b) A
border resident who crosses the border for farming; or
c) A
border resident who crosses the border without his/her entry/exit document in
accordance with law; or
d) A
border resident who fails to cross the border at border crossing points
intended for border residents; or
dd) A
border resident using another person’s entry/exit document to cross the border;
or
e) A
border resident allowing another person to use entry/exit document to cross the
border.
6. A fine
ranging from VND 5,000,000 to VND 10.000.000 shall be imposed for any of the
following violations:
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b)
Illegally immigrating to a land border area;
c) Illegally
using explosives precursors within the border belt, which is not so serious
that criminal prosecution may be brought;
7. A fine
ranging from VND 10,000,000 to VND 20,000,000 shall be imposed:
a) Upon
an authority or organization that operates within the border belt without
notifying the local border-guard post of list of persons, vehicles, time, scope
and contents of operation; or
b) For
entering the border belt without prescribed documents and without notifying the
local border-guard post or People’s Committee of the commune (except for border
residents); or
c) For
illegally catching aquatic products or using explosives, toxic substances or
electric pulses on rivers, streams or underground in a border area.
8. A fine
ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for illegally
transporting corpses, bones or animal carcasses across the border.
9. A fine
ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for any of the
following violations:
a) Burying
corpses, bones or animal carcasses or moving graves within the border belt;
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10. A
fine ranging from VND 40,000,000 to VND 75,000,000 shall be imposed for any of
the following violations:
a)
Firing, launching or releasing any aerial vehicle within the border area or
across the border;
b) Mining
minerals to within 500m from the land border;
c)
Installing equipment containing hazardous chemicals and building hazardous
waste treatment facilities within 1,000m from the land border.
11.
Additional penalties:
a)
Confiscation of the exhibit and/or instrumentality used for committing the
violations specified in point c clause 2, point a clause 3, point dd clause 4,
clause 6, point c clause 7, point b clause 9, and clause 10 of this Article;
b)
Confiscation of the entry/exit document specified in point dd clause 2, points
dd and e clause 5 of this Article;
c)
Deportation of the foreign national who commits any of the administrative
violations specified in point b clause 6, clause 8, point a clause 9 and clause
10 of this Article.
12.
Remedial measures:
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b)
Enforced restoration of the original condition in case of commission of the
violations in point a clause 3, point b clause 6 of this Article. The violating
entity shall bear all the costs of implementation of remedial measures;
c)
Enforced dismantling of the work or part of the work constructed without a
permit in case of commission of the violation specified in point c clause 10 of
this Article;
d)
Enforced implementation of measures to remediate environmental pollution or
spread of diseases in case of commission of the violations in clause 8, point a
clause 9 of this Article;
dd)
Enforced destruction of goods or items detrimental to human, animal and plant
health in case of commission of the violations in point c clause 7, clause 8,
point a clause 9, point c clause 10 of this Article;
e)
Enforced transport out of the territory of the Socialist Republic of Vietnam or
re-export of goods, items or vehicles other than those specified in point dd of
this clause in case of commission of the violations in clause 8 and point a
clause 9 of this Article;
g)
Enforced payment of an amount equivalent to the value of the exhibits and/or
instrumentalities which have been sold, liquidated, hidden, or destroyed in
contravention of the law, in case of commission of the violations in point dd
clause 4, point c clause 7, clause 10 of this Article.
Article 10. Violations against regulation on land border
checkpoint management
1. A
warning or a fine ranging from VND 500,000 to VND 1,000,000 shall be imposed
for temporarily residing, staying or travelling within a land border checkpoint
area against regulations.
2. A fine
ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for any of the
following violations:
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b)
Operating a land cross-border means of transport without a badge attached to it
or documents or with expired documents with respect to one of the documents
prescribed by the Agreement on Road Transport signed between Vietnam and
countries sharing the same border and Vietnam’s law;
c)
Failure to pick up or drop off persons, transport, load or unload goods in a
land border checkpoint area at designated places or entering a prohibited area.
3. A fine
ranging from VND 2,000,000 to VND 3,000,000 shall be imposed for failure to be
subject to or obstruct the inspection, supervision or management by a
specialized state management agency at the border checkpoint.
4. A fine
ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for any of the
following violations:
a)
Providing services or conducting commercial activities within a border
checkpoint without a license issued by the competent authority or outside the
field stated in the license;
b)
Obstructing lawful traffic in the border checkpoint area;
c)
Disturbing security or order or inciting, persuading or assisting other persons
to disturb security or order in the land border checkpoint;
d)
Failure to comply with the decision to restrict or suspend cross-border
movements through the land border checkpoint issued by a competent person.
5. A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed upon:
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b) A
foreign visitor that is allowed to use a vehicle in Vietnam but operates it
outside permitted areas or beyond permitted period.
6. A fine
ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for dumping,
discharging or throwing waste, dirt, chemicals, bricks, rocks or other objects
to the National Gate or other works within the National Gate area.
7.
Additional penalties:
a)
Suspension of the driver’s license for a fixed period of 03 - 06 months in
case of commission of the violation in point a clause 2 of this Article;
b)
Suspension of the license to provide services or the license to conduct
commercial activities at land border checkpoints for a fixed period of 03 - 06
months in case of commission of the violation in point a clause 4 of this
Article;
c)
Suspension of the international tour operator license for a fixed period of 03
- 06 months in case of commission of the violation in point a clause 5 of
this Article;
d)
Deportation of the foreign national who commits the administrative violation
specified in clause 6 of this Article.
8.
Remedial measures:
a)
Enforced removal from the land border checkpoint area (except for border
residents) in case of commission of the violations in clause 1; point a clause
2, point b clause 5, clause 6 of this Article;
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Article 11. Violations against regulations on management of
operations of persons and vehicles within sea border areas
1. A
warning or a fine ranging from VND 300,000 to VND 500,000 shall be imposed upon
a Vietnamese citizen who enters a sea border area or restricted area within the
sea border area without his/her Citizen ID card, ID card, e-ID card or
passport.
2. A fine
ranging from VND 500,000 to VND 1,000,000 shall be imposed for any of the
following violations:
a)
Temporarily residing, staying or travelling in a sea border area in
contravention of regulations;
b)
Failure to notify, declare or register temporary residence, stay or travel in a
sea border area with a competent authority or competent person or
concealing or facilitating another person’s illegal temporary residence, stay
or travel in a sea border area.
3. A fine
ranging from VND 1,000,000 to VND 2,000,000 shall be imposed:
a) Upon a
foreign national who enters a sea border area (except for tourism areas,
services areas and economic zones) without carrying any prescribed document; or
b)
Leaving, entering, travelling, operating vehicles or conducting activities
against regulations within a prohibited area; or
c)
Failure to notify the local Department of Home Affairs, commune-level police,
or border-guard post in writing of the foreign national’s full name, age,
nationality, number of passport, starting and ending date of work, details of work
and workplace, and name and address of the authority or organization for which
the foreign national is working within 24 hours from the time such foreign
national is employed to work in an economic zone that is within the sea border
area or has part of its boundary lying within the sea border area;
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4. A fine
ranging from VND 2,000,000 to VND 3,000,000 shall be imposed upon a person
operating a waterway vehicle within a sea border area for operating a vessel or
waterway vehicle without the registration number plate or with the registration
number created against regulations.
5. A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for using road
vehicles within the sea border area (except for tourism areas, service areas
and economic zones) for transport, production, business, construction, mineral
mining, natural resources exploitation or environmental activities for 10 days
or more without notifying the local Border Guard in writing of number of
persons, vehicles, license plates, time, scope and details of operation.
6. A fine
ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for operating
aviation vehicles when carrying out civil aviation activities, economic
activities, commercial activities, tourism activities, survey, exploration and
mining of minerals, exploitation of natural resources or environmental
activities within the sea border area against regulations on Vietnam’s aviation
and on management and protection of national airspace.
7. A fine
ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for any of the
following violations:
a)
Failure to take measures to prevent and minimize damage upon transport, loading
and unloading of goods or equipment potentially detrimental to natural
resources, human health and marine pollution within the internal waters or
territorial sea;
b) Using
explosive materials without a plan approved by the competent authority or with
a plan but failing to notify the provincial People’s Committee and local Border
Guard Command;
c)
Exploring and catching aquatic products, conducting scientific research or exploiting
natural resources licensed by ministries and central agencies but failing to
notifying the provincial People’s Committee and local Border Guard Command;
d)
Exploiting or salvaging property, objects and antiques within the internal
waters or territorial sea without permission of a competent authority.
8. A fine
ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure to
notify the competent authority of location, size, shape and depth of offshore
equipment and facilities or failure to install aids to navigation and danger
warning signs appropriate to offshore equipment or facilities within the
internal waters or territorial sea.
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a) For
failure to dismantle the expired offshore equipment or facility; or
b) Upon a
foreign vessel entering Vietnam’s internal waters without obtaining permission
of a Vietnam's competent authority.
10. A
fine ranging from VND 50,000,000 to VND 75,000,000 shall be imposed for any one
of the following violations:
a) Using
radio transmitters in the restricted or prohibited area within the sea border
area;
b)
Firing, launching, releasing or operating equipment or objects that cause harm
to security, order, economy, safety or maritime security;
c) Using
waterway vehicles to perform side-by-side mooring to foreign vessels without
permission of a competent authority within the internal waters or territorial
sea.
11.
Additional penalties:
a)
Confiscation of the exhibit and/or instrumentality used for committing the
violations specified in point d clause 7, points a and b clause 10 of this
Article;
b)
Suspension of the driver’s license or the certificate of competency for a fixed
period of 03 - 06 months in case of commission of the violations in point
b clause 3, clause 4 of this Article;
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d)
Deportation of the foreign national who commits any of the administrative
violations specified in clause 6 and clause 10 of this Article.
12.
Remedial measures:
a)
Enforced removal from the sea border area (except for border residents) in case
of commission of the violations in clause 1, clause 2, points a and b clause 3,
clause 5, point b clause 9, points a and b clause 10 of this Article;;
b)
Enforced dismantling of the equipment or work in case of commission of the
violation specified in point a clause 9 of this Article;
c)
Enforced payment of an amount equivalent to the value of the exhibits and/or
instrumentalities which have been sold, liquidated, hidden, or destroyed in
contravention of the law, in case of commission of the violations in point d
clause 7, points a and b 10 of this Article.
Article 12. Violations against regulation on assurance of
security and order at port checkpoints
1. A fine
ranging from VND 500,000 to VND 1,000,000 shall be imposed upon:
a) A
foreign seafarer who goes ashore without producing his/her shore pass or
license issued to foreign seafarers staying overnight on shore; or who fails to
go ashore within the time limit specified in the shore pass; or
b) A
Vietnamese or foreign national who boards a foreign ship or foreign national
who boards a Vietnamese ship without producing the license issued by the port
border guard for boarding or fails to comply with the regulations set out in
the license.
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a) Upon a
foreign seafarer who goes ashore without his/her shore pass or outside the
permitted area specified in the shore pass; or
b) Upon a
Vietnamese or foreign national that boards a foreign ship or foreign national
who boards a Vietnamese ship without the boarding pass; for operating a vehicle
to perform side-by-side mooring to a foreign ship without the license issued by
the port border guard to the operator; or
c) For
allowing another person to use the shore pass or boarding pass or permit; using
another person's shore pass or boarding pass or permit; or
d) Upon
an organization or enterprise that receives foreign nationals to the port
checkpoint area without notifying the port border guard as prescribed.
3. A fine
ranging from VND 2,000,000 to VND 3,000,000 shall be imposed:
a) For
failure to be subject to or obstruct the inspection or supervision by a
specialized state management agency at the port checkpoint; or
b) Upon a
person on board the ship or inland waterway vehicle who is not included in the
crew list or list of passengers who have declared and registered their entry
into/exit from the port checkpoint; or
c) For
breaking the seals of border guard documents when the ship is in transit or
transshipped; or
d) Upon a
seafarer or foreign passenger that returns to a ship after completing the entry
procedures and leaves the ship or returns inland from a foreign ship when
completing the exit procedures without notifying the port border guard.
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a) For
disturbing order in the port checkpoint area; or
b) For
inciting, persuading or assisting other persons to disturb security or order in
the port checkpoint area; or
c) Upon a
seafarer or passenger who deliberately leaves a ship when the entry procedures
have yet to be completed or the exit procedures have been completed; or
d) Upon a
foreign passenger in transit who fails to follow the entry procedures when
leaving the transit area at the port checkpoint; or
dd) For
operating vessels, inland waterway ships or motor vehicles without the license
within the port checkpoint area in the field that has to be licensed; or
e) Upon a
master of a Vietnam's ship on an inland route or an inland waterway vehicle
entering or leaving the port checkpoint who fails to provide the port border
guard with information about the vehicle, goods and security and order-related information
upon request; or
g) Upon a
vehicle owner, master or authorized person who fails to register the inbound or
outbound inland waterway vehicle with the port border guard within the
prescribed time limit.
5. A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed:
a) For
failure to comply with the decision to carry out border guard inspection or
supervision of persons and vessels that enter, leave, transit or transship,
Vietnamese vessels operating on inland routes, inland waterway vehicles and
other Vietnamese and foreign vehicles that leave, enter and operate in the port
checkpoint in the cases prescribed by law; or
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c) For
breaking the seals of weapons, explosive materials and goods when the vessel is
in transit or transshipped; or
d) For
changing any seafarer or passenger after completing the electronic border guard
procedures for vessels but failing to declare the revisions to electronic
border guard dossier; or
dd) Upon
a declarant that insufficiently or inaccurately declares the information
prescribed by law on electronic border guard procedures after the deadline for
revising the electronic border guard dossier; or
e) For
failure to declare information about weapons, explosive materials and stowaways
(if any) as prescribed; or
g) Upon a
declarant that fails to request the port border guard to cancel the electronic
border guard dossiers as prescribed with respect to the vessels that have
completed the electronic border guard procedures but changes the port
checkpoint entry or exit plan.
6. A fine
ranging from VND 10,000,000 to VND 20,000,000 shall be imposed upon:
a) A
vehicle owner, master or authorized person who fails to register the inbound or
outbound inland waterway vehicle with the port border guard in accordance with
regulations; or
b) A
master or authorized person on board a vessel who fails to take necessary
preventive measures and notify the port border guard or specialized agencies
when discovering any stowaway; or
c) A
master or authorized person who lets any seaman or passenger or unauthorized
persons disembark from the vessel before completing the entry procedures or
after having completed the exit procedures; or
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7.
Additional penalties:
a)
Confiscation of the exhibit used for committing the violation specified in
point b clause 5 of this Article;
b)
Deportation of the foreign national who commits the administrative violation
specified in point b clause 4 of this Article.
8.
Remedial measures:
a)
Enforced removal from the port checkpoint area in case of commission of the
violations in point d clause 2, points a and b clause 3, points a, b, and e
clause 4 of this Article;
b) Enforced
return of the shore pass or boarding pass or permit in case of commission of
the violation in point c clause 2 of this Article;
c)
Enforced payment of an amount equivalent to the value of the exhibits which
have been sold, liquidated, hidden, or destroyed in contravention of the law,
in case of commission of the violation in point b clause 5 of this Article.
Article 13. Violations against regulations on management
and protection of border works, and signs in border areas, land border
checkpoint and port checkpoint areas
1. A fine
ranging from VND 500,000 to VND 1,000,000 shall be imposed for drawing on,
adding more words to or erasing words on the signs “khu vực biên giới” (“border
area”), “vành đai biên giới” (“border belt”), “vùng cấm” (“prohibited area”),
“khu vực cửa khẩu” (“checkpoint area”), “khu vực biên giới biển” (“sea border
area”) and signs showing a border area, land border checkpoint, port checkpoint
or border work.
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3. A fine
ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for moving the
signs “khu vực biên giới” (“border area”), “vành đai biên giới” (“border
belt”), “vùng cấm” (“prohibited area”), “khu vực biên giới biển” (“sea border
area”), “khu vực cửa khẩu” (“checkpoint area”) and other signs erected within a
border area or border checkpoint area.
4. A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for deliberately
erecting the signs “khu vực biên giới” (“border area”), “vành đai biên giới”
(“border belt”), “vùng cấm” (“prohibited area”), “khu vực biên giới biển” (“sea
border area”) or “khu vực cửa khẩu” (“checkpoint area”) within a border area or
border checkpoint area.
5. A fine
ranging from VND 10,000,000 to VND 30,000,000 shall be imposed for illegally
constructing or installing works or equipment or for compromising the safety of
border works.
6. A fine
ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for destroying,
dismantling or damaging structures or equipment of border works, which is not
so serious that criminal prosecution may be brought.
7. A fine
ranging from VND 50,000,000 to VND 75,000,000 shall be imposed for forging the
signs “khu vực biên giới” (“border area”), “vành đai biên giới” (“border
belt”), “vùng cấm” (“prohibited area”), “khu vực biên giới biển” (“sea border
area”) or “khu vực cửa khẩu” (“checkpoint area”) in any language within a
border area or border checkpoint area.
8.
Additional penalties:
a)
Confiscation of the exhibit and/or instrumentality used for committing the
violations specified in clause 3, clause 4, clause 5, clause 6 and clause 7 of
this Article;
b)
Deportation of the foreign national who commits any of the administrative
violations specified in clause 3, clause 4, clause 5, clause 6 and clause 7 of
this Article.
9.
Remedial measures:
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b)
Enforced payment of an amount equivalent to the value of the exhibits and/or
instrumentalities which have been sold, liquidated, hidden, or destroyed in
contravention of the law, in case of commission of the violations in clause 5
and clause 6 of this Article.
Article 14. Violations against regulations on construction
of projects and works within border areas and border checkpoint areas
1. A fine
ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the
following violations:
a)
Failure to notify the commune-level People’s Committee or local border-guard
post in writing 03 working days in advance of the list of persons, vehicles,
time, scope and details of operation when carrying out survey, design,
construction and execution of any project or work within a border area or
border checkpoint area;
b)
Executing a licensed project or work within a border area or border checkpoint
area but the investor fails to notify the Border Guard Command, provincial
public security department or commune-level People’s Committee in writing 03
working days in advance.
2. A fine
ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for building a
project or work involving foreign elements within a border area or border
checkpoint area but the investor fails to notify the commune-level People's
Committee or local border-guard post.
3. A fine
ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for any one of
the following violations:
a)
Carrying out survey, design, construction or execution of a project or work,
building a project or work involving foreign elements within a border area or
border checkpoint area without the license issued by the competent authority;
b)
Failure to seek opinions of the Ministry of National Defense, the Ministry of
Public Security, the provincial People's Committee and relevant agencies upon
formulating a planning scheme or a planning project or adjusting a planning
scheme or planning project involving foreign elements within a border area or
border checkpoint area.
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5.
Additional penalties:
a)
Confiscation of the exhibit and/or instrumentality used for committing the
violation specified in clause 4 of this Article;
b)
Suspension of the construction permit for a fixed period of 06 - 12
months in case of commission of the violation in point b clause 3, clause
4 of this Article.
6.
Remedial measures:
a) Enforced
dismantling of the work or part of the work constructed without a construction
permit or against the construction permit in case of commission of the
violation in clause 4 of this Article;
b)
Enforced seeking of opinions of the Ministry of National Defense, the Ministry
of Public Security, the provincial People's Committee and relevant agencies in
case of commission of the violation in point b clause 3 of this Article;
c)
Enforced restoration of original condition of the national border marker, flag
pole, sovereignty stele, marking pole, basepoint, border line sign, item used
to mark border, border work, waters, marine environment or island defense work
in case of commission of the violation in clause 4 of this Article. The
violating entity shall bear all the costs of implementation of remedial
measures;
d)
Enforced payment of an amount equivalent to the value of the exhibits and/or
instrumentalities which have been sold, liquidated, hidden, or destroyed in
contravention of the law, in case of commission of the violation in clause 4 of
this Article.
Article 15. Violations on illegal cross-border transport of
goods and currency outside checkpoint areas
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2. A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of
the following violations:
a)
Committing the violation whose exhibit is worth from VND 10,000,000 to less
than VND 50,000,000;
b)
Illegal cross-border transport of cultural materials.
3. A fine
ranging from VND 20,000,000 to VND 40,000,000 shall be imposed if the violating
goods are worth from VND 50,000,000 to less than VND 100,000,000.
4. A fine
ranging from VND 40,000,000 to VND 75,000,000 shall be imposed if the exhibit
is worth at least VND 100,000,000 or where the violating entity has incurred
penalties for any of the administrative violations specified in clause 1, point
a clause 2 and clause 3 of this Article but repeats the violation which is not so
serious that criminal prosecution may be brought.
5.
Additional penalties: Confiscation of the exhibit in the case of the violations
in this Article, except for the case where the remedial measure set out in
clause 6 of this Article has been taken.
6. Remedial
measures
a)
Enforced destruction of goods or items detrimental to human, animal and plant
health and the environment, and indecent materials in case of commission of the
violations in this Article;
b)
Enforced payment of an amount equivalent to the value of the exhibits which
have been sold, liquidated, hidden, or destroyed in contravention of the law,
in case of commission of the violations in this Article.
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1. Fines
for storing, trading, transporting or exchanging goods within a border area
without producing any document or adequate documents proving legitimacy of such
goods at the time of inspection are as follows:
a) A fine
ranging from VND 1,000,000 to VND 3,000,000 if the exhibit is worth less than
VND 5,000,000;
b) A fine
ranging from VND 3,000,000 to VND 5,000,000 if the violating goods are worth
from VND 5,000,000 to less than VND 10,000,000;
c) A fine
ranging from VND 5,000,000 to VND 10,000,000 if the violating goods are worth
from VND 10,000,000 to less than VND 20,000,000;
d) A fine
ranging from VND 10,000,000 to VND 15,000,000 if the violating goods are worth
from VND 20,000,000 to less than VND 50,000,000;
dd) A
fine ranging from VND 15,000,000 to VND 20,000,000 if the violating goods are
worth from VND 50,000,000 to less than VND 70,000,000;
e) A fine
ranging from VND 20,000,000 to VND 30,000,000 if the violating goods are worth
from VND 70,000,000 to less than VND 100,000,000;
g) A fine
ranging from VND 30,000,000 to VND 40,000,000 if the exhibit is worth at least
VND 100,000,000;
h) A fine
that is twice as much as the fine prescribed in points a, b, c, d, dd, e and g
of this Clause but does not exceed the maximum fine specified in this Article
shall be imposed for the following exhibits: food, food products, food
additives, food processing aids, preventive and curative medicine for human
use, functional food and cosmetics; detergents, insecticides, veterinary drugs,
fertilizers, cement, animal feeds, pesticides, growth stimulants, plant
varieties and livestock breeds; goods on the list of conditional business
lines.
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a)
Failure to transport goods in transit, transshipped goods, goods involved in
merchanting trade transactions, goods moved to another custom post outside the
checkpoint area or temporarily imported goods on the designate route, at the
designated place or checkpoint or within the prescribed time limit or those
goods specified in the goods dossier not licensed by a competent authority as
prescribed by law;
b)
Intentionally breaking seals of goods;
c) Failure
to maintain status quo of goods under supervision or goods assigned for storage
as prescribed by law awaiting the completion of the import/export procedures;
d)
Failure to store goods at the designated place.
3. A fine
ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for
intentionally selling goods under supervision as prescribed by law.
4.
Additional penalties:
a)
Confiscation of the exhibit specified in clause 1 of this Article, except for
the case where the goods has had its legal origin determined;
b)
Confiscation of the exhibit of the violation specified in clause 3 of this
Article with respect to goods on the list of goods banned from export or
import; goods suspended from export or import or goods ineligible for export or
import or goods that have to obtain the license but fail to have the license
upon export or import, except the case of application of the remedial measure
specified in point a or point d clause 5 of this Article.
5.
Remedial measures:
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b)
Enforced transport of goods in transit, transshipped goods, goods involved in
merchanting trade transactions, goods moved to another custom post outside the
checkpoint area or temporarily imported goods at the correct border checkpoint
or route in case of commission of the violation specified in point a clause 2
of this Article;
c) Enforced
payment of an amount equivalent to the value of the exhibits which have been
sold, liquidated, hidden, or destroyed in contravention of the law, in case of
commission of the violations in clause 1 and clause 3 of this Article;
d)
Enforced transport out of the territory of the Socialist Republic of Vietnam or
re-export of goods, items or vehicles, where such measure cannot be implemented
within 30 days from the expiry of the time limit for implementation of the
remedial measure, the exhibits shall be confiscated in case of commission of
the violations in point b, point c and point d clause 2 of this Article.
Chapter III
POWER TO
IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS
Article 17. Power to impose penalties of Chairpersons of
People’s Committees of bordering administrative divisions
1.
Chairpersons of People’s Committees of communes, wards and special zones
(hereinafter referred to as “commune-level”) have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 37,500,000;
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d)
Confiscate the exhibits and instrumentalities used for committing
administrative violations;
dd)
Enforce the remedial measures specified in clause 4 Article 5 of this Decree.
2.
Chairpersons of provincial People’s Committees have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 75,000,000;
c)
Suspend licenses/practicing certificates for a fixed period;
d)
Confiscate the exhibits and instrumentalities used for committing
administrative violations;
dd)
Enforce the remedial measures specified in clause 4 Article 5 of this Decree.
Article 18. Power to impose penalties of Border Guard
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a) Issue
warnings;
b) Impose
a fine up to VND 3,750,000;
c)
Confiscate the exhibits and instrumentalities worth up to VND 7,500,000.
2.
Station Heads or Team Leaders in charge of the persons specified in clause 1 of
this Article have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 7,500,000;
c)
Confiscate the exhibits and instrumentalities worth up to VND 15,000,000;
dd)
Enforce the remedial measures specified in points a, c and dd clause 1 Article
28 of the Law on Handling of Administrative Violations.
3.
Leaders of Task Force Teams for Drug and Crime Prevention and Control which are
put under the control of Task Force Commissions for Drug and Crime Prevention
and Control have the power to:
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b) Impose
a fine up to VND 11,250,000;
c)
Confiscate the exhibits and instrumentalities worth up to VND 22,500,000;
dd)
Enforce the remedial measures specified in points a, c and dd clause 1 Article
28 of the Law on Handling of Administrative Violations.
4. Heads
of Border Guard Posts, Captains of Naval Border Guard Flotillas and Commanding
Officers of Border Guard Commands at port border checkpoints have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 22,500,000;
c)
Confiscate the exhibits and instrumentalities worth up to VND 45,000,000;
d)
Enforce the remedial measures specified in clause 4 Article 5 of this Decree.
5. Heads
of Task Force Commissions for Drug and Crime Prevention and Control which are
put under control of the Drug and Crime Prevention and Control Department
affiliated to the Border Guard High Command have the power to:
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b) Impose
a fine up to VND 37,500,000;
c)
Suspend licenses/practicing certificates for a fixed period;
d)
Confiscate the exhibits and instrumentalities used for committing
administrative violations;
dd) Enforce
the remedial measures specified in clause 4 Article 5 of this Decree.
6.
Commanding Officers of Border Guard Commands; Captains of Naval Border Guard
Squadrons; Director General of the Drug and Crime Prevention and Control
Department affiliated to the Border Guard High Command have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 75,000,000;
c)
Suspend licenses/practicing certificates for a fixed period;
d)
Confiscate the exhibits and instrumentalities used for committing administrative
violations;
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Article 19. Power to impose penalties of People’s Public
Security Forces
People’s
Public Security Forces have the power to impose penalties for the violations
specified in this Decree in the fields and areas under their management as
follows:
1.
Soldiers of People’s Public Security Forces in the performance of their duties
have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 7,500,000;
c)
Confiscate the exhibits and instrumentalities worth up to VND 15,000,000.
2. Heads
of Company-level Mobile Police Units have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 15,000,000;
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d)
Enforce the remedial measures specified in points a, c and dd clause 1 Article
28 of the Law on Handling of Administrative Violations.
3. Heads
of Police Posts, Commanders of Mobile Police Battalions, Heads of Squadrons,
Station Heads, and Team Leaders have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 22,500,000;
c)
Suspend licenses/practicing certificates for a fixed period;
d)
Confiscate the exhibits and instrumentalities worth up to VND 45,000,000.
dd)
Enforce the remedial measures specified in points a, c and dd clause 1 Article
28 of the Law on Handling of Administrative Violations.
4. Chiefs
of Commune-level Police affiliated to public security departments of bordering
provinces have the power to:
a) Issue
warnings;
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c)
Suspend licenses/practicing certificates for a fixed period;
d)
Confiscate the exhibits and instrumentalities used for committing
administrative violations;
dd)
Enforce the remedial measures specified in clause 4 Article 5 of this Decree.
5. Heads
of professional divisions of the following authorities: Economic Security
Department, Police Department for Administrative Management of Social Order,
Investigation Police Department for Social Order Crimes, Police Department for
Investigation into Corruption, Economy and Smuggling-related Crimes,
Counter-Narcotics Police Department, Traffic Police Department, Fire and Rescue
Police Department, Environment Crime Prevention and Fighting Police Department,
Department of Cybersecurity, Hi-tech Crime Prevention and Control, Immigration
Department; Fleet Commanders; Commanders of Regimental-level Mobile Police
Units; Heads of divisions affiliated to public security departments of
bordering provinces, including Police Divisions for Administrative Management
of Social Order, Investigation Police Divisions for Social Order Crimes, Police
Divisions for Investigation into Corruption, Economy, Smuggling and
Environment-related Crimes, Counter-Narcotics Police Divisions, Traffic Police Divisions,
Mobile Police Divisions, Fire and Rescue Police Divisions, Cybersecurity,
Hi-tech Crime Prevention and Control Divisions, Economic Security Divisions,
External Security Divisions have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 60,000,000;
c)
Suspend licenses/practicing certificates for a fixed period;
d)
Confiscate the exhibits and instrumentalities used for committing
administrative violations;
dd)
Enforce the remedial measures specified in clause 4 Article 5 of this Decree.
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7.
Directors of provincial public security departments have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 75,000,000;
c)
Suspend licenses/practicing certificates for a fixed period;
d)
Confiscate the exhibits and instrumentalities used for committing
administrative violations;
dd)
Impose the penalty in the form of deportation;
e)
Enforce the remedial measures specified in clause 4 Article 5 of this Decree.
8.
Directors General of the Economic Security Department, the Police Department
for Administrative Management of Social Order, the Investigation Police
Department for Social Order Crimes, the Police Department for Investigation
into Corruption, Economy and Smuggling-related Crimes, the Counter-Narcotics
Police Department, the Traffic Police Department, the Fire and Rescue Police
Department, the Environment Crime Prevention and Fighting Police Department,
the Department of Cybersecurity, Hi-tech Crime Prevention and Control have the
power to:
a) Issue
warnings;
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c)
Suspend licenses/practicing certificates for a fixed period;
d)
Confiscate the exhibits and instrumentalities used for committing
administrative violations;
dd)
Enforce the remedial measures specified in clause 4 Article 5 of this Decree.
9. The
Director General of the Immigration Department have the power to impose
penalties as prescribed in clause 8 of this Article and reserve the right to
impose the penalty in the form of deportation.
Article 20. Power to impose penalties of Coast Guard Forces
Coast Guard
Forces have the power to impose penalties for the violations specified in this
Decree in the fields and areas under their management as follows:
1. Police
Officers of the Coast Guard Forces in the performance of their duties have the
power to:
a) Issue
warnings;
b) Impose
a fine up to VND 3,750,000;
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2. Coast
Guard Team Leaders have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 7,500,000;
c)
Confiscate the exhibits and instrumentalities worth up to VND 15,000,000.
3. Heads
of Coast Guard Units or Coast Guard Stations have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 15,000,000;
c) Confiscate
the exhibits and instrumentalities worth up to VND 30,000,000;
d)
Enforce the remedial measures specified in points a, c and dd clause 1 Article
28 of the Law on Handling of Administrative Violations.
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a) Issue
warnings;
b) Impose
a fine up to VND 22,500,000;
c)
Confiscate the exhibits and instrumentalities worth up to VND 45,000,000;
dd)
Enforce the remedial measures specified in points a, c, d, dd and i clause 1
Article 28 of the Law on Handling of Administrative Violations and points a, b,
c, d and dd clause 4 Article 5 of this Decree.
5.
Captains of Coast Guard Squadrons; Heads of Reconnaissance Commissions, Heads
of Task Force Commissions for Drug Crime Prevention and Control under the control
of Vietnam Coast Guard have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 37,500,000;
c)
Suspend licenses/practicing certificates for a fixed period;
d)
Confiscate the exhibits and instrumentalities used for committing
administrative violations;
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6.
Regional Coast Guard Commanders, Director General of the Department of
Operations and Legislation under the control of Vietnam Coast Guard have
the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 60,000,000;
c)
Suspend licenses/practicing certificates for a fixed period;
d)
Confiscate the exhibits and instrumentalities used for committing
administrative violations;
dd)
Enforce the remedial measures specified in clause 4 Article 5 of this Decree.
7.
Vietnam Coast Guard Commander has the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 75,000,000;
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d)
Confiscate the exhibits and instrumentalities used for committing
administrative violations;
dd)
Enforce the remedial measures specified in clause 4 Article 5 of this Decree.
Article 21. Power to impose penalties of Market
Surveillance Forces
Market
Surveillance Forces have the power to impose penalties for the violations
specified in this Decree in the fields and areas under their management as
follows:
1. Market
controllers in the performance of their duties have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 7,500,000;
c)
Confiscate the exhibits and instrumentalities worth up to VND 15,000,000.
2. Leaders
of Market Surveillance Teams under the control of Market Surveillance
Sub-departments affiliated to Provincial-level Departments of Industry and
Trade have the power to:
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b) Impose
a fine up to VND 22,500,000;
c)
Confiscate the exhibits and instrumentalities worth up to VND 45,000,000;
d)
Enforce the remedial measures specified in clause 4 Article 5 of this Decree.
3.
Directors of Market Surveillance Sub-departments and heads of Market Surveillance
Operations Departments affiliated to the Agency for Domestic Market
Surveillance and Development have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 37,500,000;
c)
Confiscate the exhibits and instrumentalities used for committing administrative
violations;
d)
Suspend licenses/practicing certificates for a fixed period;
dd)
Enforce the remedial measures specified in clause 4 Article 5 of this Decree.
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a) Issue
warnings;
b) Impose
a fine up to VND 75,000,000;
c)
Confiscate the exhibits and instrumentalities used for committing
administrative violations;
d)
Suspend licenses/practicing certificates for a fixed period;
dd)
Enforce the remedial measures specified in clause 4 Article 5 of this Decree.
Article 22. Power to impose penalties of the customs
The
customs has the power to impose penalties for the violations specified in this
Decree in the fields and areas under their management as follows:
1.
Customs officials in the performance of their duties have the power to:
a) Issue
warnings;
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c)
Confiscate the exhibits and instrumentalities worth up to VND 7,500,000.
2. Heads
of Border Checkpoint/Out-Of-Checkpoint Customs Offices, Customs Procedure
Inspection and Post Clearance Audit Teams, Customs Clearance Teams, and Customs
Control Teams under the control of Regional Sub-departments of Customs, Heads
of Anti-smuggling Control Teams under the control of the Anti-smuggling
Investigation Sub-department and Heads of Regional Post Clearance Audit Teams
under the control of Sub-departments of Post Clearance Audit have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 22,500,000;
c) Confiscate
the exhibits and instrumentalities worth up to VND 45,000,000;
d)
Enforce the remedial measures specified in clause 4 Article 5 of this Decree.
3.
Director of Sub-department of Anti-Smuggling and Investigation, Directors of
Sub-departments of Post Clearance Audit and Directors of Regional
Sub-departments of Customs have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 37,500,000;
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d)
Suspend licenses/practicing certificates for a fixed period;
dd)
Enforce the remedial measures specified in clause 4 Article 5 of this Decree.
4. The
Director General of the Department of Customs of Vietnam has the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 75,000,000;
c)
Confiscate the exhibits and instrumentalities used for committing
administrative violations;
d)
Suspend licenses/practicing certificates for a fixed period;
dd)
Enforce the remedial measures specified in clause 4 Article 5 of this Decree.
Article 23. Power to impose penalties of Maritime
Administrations
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1. Chief
Representatives of Maritime Administrations have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 18,750,000;
c)
Suspend licenses/practicing certificates for a fixed period;
d)
Confiscate the exhibits and instrumentalities worth up to VND 37,500,000.
dd) Enforce
the remedial measures specified in clause 4 Article 5 of this Decree.
2.
Directors of Maritime Administrations have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 37,500,000;
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d)
Confiscate the exhibits and instrumentalities used for committing
administrative violations;
dd)
Enforce the remedial measures specified in clause 4 Article 5 of this Decree.
Article 24. Power to impose penalties of Inland Waterways
Administrations
Inland
Waterways Administrations have the power to impose penalties for the violations
specified in this Decree in the fields and areas under their management as
follows:
1. Chief
Representatives of Inland Waterways Administrations have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 18,750,000;
c)
Suspend licenses/practicing certificates for a fixed period;
d)
Confiscate the exhibits and instrumentalities worth up to VND 37,500,000.
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2.
Directors of Inland Waterways Administrations have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 37,500,000;
c)
Suspend licenses/practicing certificates for a fixed period;
d)
Confiscate the exhibits and instrumentalities used for committing
administrative violations;
dd)
Enforce the remedial measures specified in clause 4 Article 5 of this Decree.
Article 25. Power to impose penalties of Fisheries
Surveillance Forces
Fisheries
Surveillance Forces have the power to impose penalties for the violations
specified in this Decree in the fields and areas under their management as
follows:
1.
Fisheries surveillance officials in the performance of their duties have the
power to:
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b) Impose
a fine up to VND 3,750,000;
c)
Confiscate the exhibits and instrumentalities worth up to VND 7,500,000.
2. Heads
of fisheries surveillance stations affiliated to regional Sub-Departments of
Fisheries Surveillance have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 15,000,000;
c)
Confiscate the exhibits and instrumentalities worth up to VND 30,000,000;
d)
Enforce the remedial measures specified in points a, b, dd and i clause 1
Article 28 of the Law on Handling of Administrative Violations and points a, b,
c, d and dd clause 4 Article 5 of this Decree.
3.
Directors of Regional Sub-Departments of Fisheries Surveillance affiliated to
Department of Fisheries and Surveillance; Directors of Sub-Departments in
fields of fisheries and surveillance affiliated to Departments of Agriculture
and Environment have the power to:
a) Issue
warnings;
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c)
Suspend licenses/practicing certificates for a fixed period;
d)
Confiscate the exhibits and instrumentalities used for committing
administrative violations;
dd)
Enforce the remedial measures specified in clause 4 Article 5 of this Decree.
4. The
Director General of the Department of Fisheries and Surveillance has the power
to:
a) Issue
warnings;
b) Impose
a fine up to VND 75,000,000;
c) Confiscate
the exhibits and instrumentalities used for committing administrative
violations;
d)
Suspend licenses/practicing certificates for a fixed period;
dd)
Enforce the remedial measures specified in clause 4 Article 5 of this Decree.
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1.
Directors of Departments of Culture, Sports and Tourism; Directors of
Departments of Culture and Sports; Directors of Departments of Tourism;
Directors of Departments of Industry and Trade have the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 60,000,000;
c)
Suspend licenses/practicing certificates for a fixed period;
d)
Confiscate the exhibits and instrumentalities used for committing administrative
violations;
dd)
Enforce the remedial measures specified in clause 4 Article 5 of this Decree.
2. Chief
of Office of the Ministry of Culture, Sports and Tourism; Director of Authority
of Press; Director of Authority of Publishing, Printing and Distribution have
the power to:
a) Issue
warnings;
b) Impose
a fine up to VND 75,000,000;
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d)
Suspend licenses/practicing certificates for a fixed period;
dd)
Enforce the remedial measures specified in clause 4 Article 5 of this Decree.
3. Heads
of examination teams established by Directors General of Departments specified
in clause 2 of this Article have the power to impose penalties as prescribed in
clause 1 of this Article.
4. Heads
of examination teams established by the Minister of Culture, Sports and Tourism
have the power to impose penalties as specified in clause 2 of this Article.
Article 27. Apportionment of powers to impose
administrative penalties
1.
Chairpersons of People’s Committees of bordering administrative divisions have
the power to impose penalties for the administrative violations specified in
Chapter II of this Decree within their competence specified in Article 17 of
this Decree (except imposition of the penalty in the form of deportation of
foreigners committing the administrative violations specified in Article 8;
point b clause 6, clause 8, point a clause 9, clause 10 Article 9; clause 6
Article 10; clauses 6 and 10 Article 11; point b clause 4 Article 12; clauses
3, 4, 5, 6, and 7 Article 13 of this Decree).
2.
Competent persons of Border Guard Forces have the power to impose penalties for
the administrative violations specified in Chapter II of this Decree within
their competence specified in Article 18 of this Decree and within the bounds
of their assigned functions, duties and powers (except imposition of the
penalty in the form of deportation of foreigners committing the administrative
violations specified in Article 8; point b clause 6, clause 8, point a clause
9, clause 10 Article 9; clause 6 Article 10; clauses 6 and 10 Article 11; point
b clause 4 Article 12; clauses 3, 4, 5, 6, and 7 Article 13 of this Decree).
3.
Competent persons of Public Security Forces have the power to impose penalties
for the administrative violations specified in Article 8; clauses 1, 2, 3, 4, 5
and 6, point c clause 7, clause 8, point a clause 9, clause 10 Article 9;
Article 10; Article 11; clause 1, points a, b, and c clause 2, points a and b
clause 3, points a and b clause 4, points a and b clause 5, point d clause 6
Article 12; Article 13; clauses 1 and 2, point a clause 3, clause 4 Article 14;
Article 15 and clause 1 Article 16 of this Decree within their competence
specified in Article 19 of this Decree and within the bounds of their assigned
functions, duties and powers.
4.
Competent persons of the Coast Guard Forces have the power to impose penalties
for the administrative violations specified in point a clause 1, point a clause
2 Article 8; Article 11; clause 1, points a and b clause 3, point d clause 4,
points a, b and c clause 5 Article 12; Article 15 and Article 16 of this Decree
within their competence specified in Article 20 of this Decree and within the
bounds of their assigned functions, duties and powers (except imposition of the
penalty in the form of deportation of foreigners committing the administrative
violations specified in point a clause 1, point a clause 2 Article 8; clauses 6
and 10 Article 11 of this Decree).
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6.
Competent persons of industry and trade authorities and market surveillance
forces have the power to impose penalties for the administrative violations
specified in clause 5 Article 11; Article 15 and Article 16 of this Decree
within their competence specified in Article 21 and clause 1 Article 26 of this
Decree and within the bounds of their assigned functions, duties and powers.
7. Competent
persons of maritime administrations have the power to impose penalties for the
administrative violations specified in clause 4, points a and clause 7 Article
11 and Article 12 of this Decree within their competence specified in Article
23 of this Decree and within the bounds of their assigned functions, duties and
powers (except imposition of the penalty in the form of deportation of
foreigners committing the administrative violations specified in point b clause
4 Article 12 of this Decree).
8. Competent
persons of inland waterways administration have the power to impose penalties
for the administrative violations specified in clause 4, points a and clause 7
Article 11 and Article 12 of this Decree within their competence specified in
Article 24 of this Decree and within the bounds of their assigned functions,
duties and powers (except imposition of the penalty in the form of deportation
of foreigners committing the administrative violations specified in point b
clause 4 Article 12 of this Decree).
9.
Competent persons of Fisheries Surveillance Forces have the power to impose
penalties for the administrative violations specified in clause 4, point c
clause 7, clause 8 Article 11 and point b clause 3 Article 12 of this Decree
within their competence specified in Article 25 of this Decree and within the
bounds of their assigned functions, duties and powers.
10.
Persons having the power to impose penalties of authorities performing state
management tasks in some fields under the Ministry of Culture, Sports and
Tourism:
a)
Directors of Departments of Culture, Sports and Tourism; Directors of
Departments of Culture and Sports; Directors of Departments of Tourism; heads
of examination teams established by the Minister of Culture, Sports and
Tourism; heads of examination teams established by Directors General of
Departments specified in clause 2 Article 26 of this Decree shall impose
penalties for the administrative violations specified in clause 5 Article 10;
clause 6 Article 11 and point b clause 2 Article 15 of this Decree within their
competence specified in Article 26 of this Decree and within the bounds of
their assigned functions, duties and powers (except imposition of the penalty
in the form of deportation of foreigners committing the administrative violations
specified in clause 6 Article 11 of this Decree).
b)
Director of Authority of Press; Director of Authority of Publishing, Printing
and Distribution; Chief of Office of the Ministry of Culture, Sports and
Tourism have the power to impose penalties for the administrative violations
specified in point b clause 2 Article 15 of this Decree within their competence
specified in Article 26 of this Decree and within the bounds of their assigned
functions, duties and powers.
Article 28. Power to make records of administrative
violations
1. The
persons having the power to impose administrative penalties mentioned in
Articles 17 to 26 of this Decree who are performing their official duties and
assigned duties within the scope and in the fields and areas under their
management have the power to make records of administrative violations.
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3. Patrol
boat masters of Naval Border Guard Squadrons, Coast Guard Squadrons, Coast
Guard Platoons, Fleets of Public Security Forces and regional Sub-Departments
of Fisheries Surveillance, and persons tasked with making records by patrol
boat masters of Naval Border Guard Squadrons, Coast Guard Squadrons, Coast
Guard Platoons, Fleets of Public Security Forces and regional Sub-Departments
of Fisheries Surveillance have the power to make records of administrative
violations in fields of national border management and protection occurring on
board aircraft, seagoing ships and trains.
4. Any
person that has the power to make records of administrative violations in
fields of national border management and protection but does not have the power
to impose penalties specified in clauses 2 and 3 of this Article only has the
power to make records of the violations under the scope of their official and
assigned duties, and is responsible for their making of records.
If a case
includes both violation which falls within the power to impose penalties of the
person competent to make records and violation which does not fall within the
power to impose penalties or falls beyond the power to impose penalties of the
person competent to make records, that person shall still make a record of
administrative violation regarding the violation which falls within his/her
power and make a working record regarding the violation which does not fall
within his/her power and immediately transfer the record to the person
competent to impose penalties in order to impose penalties as prescribed in
clause 5 Article 58 of the Law on Handling of Administrative Violations.
Chapter IV
IMPLEMENTATION
CLAUSE
Article 29. Effect
1. This
Decree comes into force from May 02, 2026.
2. The
Government’s Decree No. 96/2020/ND-CP dated August 24, 2020 providing for
penalties for administrative violations in fields of national border management
and protection amended by the Government’s Decree No. 37/2022/ND-CP dated June
06, 2022 shall cease to have effect from the effective date of this Decree.
Article 30. Transitional clauses
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2. Any
complaint filed by the violating entity subject to a penalty imposition
decision which has been issued or fully executed before the effective date of
this Decree against such decision shall be considered and settled in accordance
with provisions of the Law on Handling of Administrative Violations, the
Government’s Decrees prescribing penalties for administrative violations and
relevant legislative documents in force at the time of issuance of such
decision.
3.
Administrative violations in fields of national border management and
protection which have been committed before the effective date of this Decree
but are still ongoing when this Decree takes effect shall be handled in
accordance with provisions of this Decree.
Article 31. Responsibility for implementation
Ministers,
heads of ministerial agencies, heads of Governmental agencies, Chairpersons of
People’s Committees of provinces and central-affiliated cities, and relevant
organizations and individuals are responsible for the implementation of this
Decree.
FOR THE GOVERNMENT
THE PRIME MINISTER
Pham Minh Chinh