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STANDING
COMMITTEE OF THE NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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Ordinance No.
02/2022/UBTVQH15
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Hanoi, August 18,
2022
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ORDINANCE
ON IMPOSITION OF ADMINISTRATIVE PENALTIES ON
THE OBSTRUCTION OF JUSTICE
Pursuant to Constitution of the Socialist
Republic of Vietnam;
Pursuant to the Law on Administrative Penalties
No. 15/2012/QH13 amended according to the Law No. 67/2020/QH14;
The Standing Committee of National Assembly
promulgates an Ordinance on imposition of administrative penalties on the
obstruction of justice.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
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Article 2. Definitions
For the purposes of this Ordinance, the terms below
shall be construed as follows:
1. “Obstruction of justice carrying
administrative penalties" means a violation which is committed by an
individual or organization and causes obstruction of handling a violation case
of a competent authority or person according to regulations of the Criminal
Code, Civil Code and Law on Administrative Procedures but not constitute a
crime; on which administrative penalties must be imposed according to
regulations of this Ordinance.
If individuals and organizations commit violations
that cause obstruction of handling cases of competent authorities or people
according to regulations of the Ordinance on Procedures for consideration and
decision on applying administrative measures in the People’s Court and
Ordinance on Procedures for consideration and decision on sending addicts aged
from full 12 to under 18 into compulsory narcotic rehabilitation centers but
these violations do not constitute crimes, administrative penalties shall be
imposed on these violations like on the obstruction of justice as prescribed
herein.
2. "sessions” include sessions of
handling civil affairs; sessions of inspecting the transfer, access, publication
of evidence, and mediation, communication in the process of handling civil
affairs, administrative cases; sessions of consideration and decision on
applying administrative measures; sessions of consideration and decision on
sending addicts aged from full 12 to under 18 to compulsory narcotic
rehabilitation centers and other sessions in relation to legal procedures.
3. "competent authorities and persons"
include proceeding agencies and persons, agencies and persons tasked with
conducting some investigating activities, commune-level police offices, police
stations in accordance with the Criminal Procedure Code; proceeding agencies
and persons defined in the Civil Procedure Code and the Administrative
Procedure Law; Court, chief justices, judges and clerks performing tasks
according to the Ordinance on Procedures for consideration and decision on the
application of administrative handling measures at the People's Court and the
Ordinance on Procedures for the People's Court to consider and decide to send addicts
aged between full 12 and under 18 to compulsory narcotic rehabilitation centers
4. “lawyer” mentioned in Chapter II herein” is a
participant in proceedings as:
a) The defense counsel of the person taken into
emergency custody, the person arrested, the person taken into custody, the
prosecuted, the defendant or the defender of the legitimate rights and
interests of the accused or the person against whom prosecution is proposed,
victims, civil plaintiffs, civil defendants, person with related rights and
obligations in a criminal case;
b) Representative or defender of the legitimate
rights and interests of the litigant in a civil case or administrative case;
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Article 3. Application of
regulations of laws on imposition of administrative penalties on the
obstruction of justice
The administrative penalties for the obstruction of
justice shall comply with regulations of the Law on Handling of Administrative
Violations, this Ordinance and other relevant regulations of laws.
Article 4. Entities on whom
administrative penalties for the obstruction of justice are imposed
1. Individuals prescribed in point a and point c
clause 1 Article 5 of the Law on Handling of Administrative Violations commit
violations specified in Chapter II of this Ordinance.
In case officials, public employees, persons of the
People's Army, the People's Public Security, persons doing cipher works commit
the obstruction of justice while performing their official duties or tasks and
such violations are within their official duties or tasks, they shall not be
penalized according to the provisions of laws on handling of administrative
violations but shall be handled according to the provisions of laws on
officials and public employees and other relevant laws, except for the case
specified in Article 495 of the Code of Civil Procedure, Article 324 and Clause
1, Article 325 of the Law on Administrative Procedure.
In case jurors commit the obstruction of justice
while performing their duties, they shall not be penalized according to the
provisions of laws on handling of administrative violations but shall be
handled according to the provisions of the Law on Organization of the People's
Court and other relevant laws.
2. Organizations prescribed in point b and point c
clause 1 Article 5 of the Law on Handling of Administrative Violations commit
violations specified in Chapter II of this Ordinance.
Article 5. Penalties and
principles of imposition
1. Administrative penalties for the obstruction of
justice include:
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b) Fines.
2. Additional penalties for the obstruction of
justice are the confiscation of material evidence of and means used for
committing administrative violations (hereinafter referred to as
"confiscation of exhibits and means for committing administrative violations).
3. The imposition of administrative penalties for
the obstruction of justice shall comply with regulations in clause 3 Article 21
of the Law on Handling of Administrative Violations.
Article 6. Fines and
jurisdiction to impose fines
1. The maximum fine for each obstruction of justice
for each individual is up to VND 40.000.000. The maximum fine for each
obstruction of justice for each organization is up to VND 80.000.000.
2. The fine prescribed in Chapter II hereof is
imposed on the obstruction of justice of each individual. A fine for each
organization is twice as much as that for each individual.
3. Jurisdiction to impose fines of persons
prescribed in Articles from 25 to 32 hereof shall be applied to obstructions of
justice of individuals; jurisdiction to impose fines on organizations shall be
twice as much as that on individuals.
Article 7. Remedial measures
and rules for application
1. Remedial measures in administrative penalties
applied to obstructions of justice include:
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b) obligation to restitute the illegal benefits
acquired through obstructions of justice;
c) obligation to publish apologies;
d) obligation to retrieve information, documents,
data and items containing investigation secrets;
d) obligation to remove information, documents and
data containing investigation secrets;
e) obligation to retrieve false information;
g) obligation to remove false information;
h) obligation to retrieve documentation and images.
2. Rules for application of remedial measures are
stipulated in clause 2 Article 28 of the Law on Handling of Administrative
Violations.
Article 8. Measures for
prevention and assurance of imposition of administrative on obstructions of
justice and rules for application
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a) temporary detention of persons;
b) escort of violators;
c) temporary confiscation of exhibits and vehicles
used for committing administrative violations, licenses and practicing
certificates;
d) strip search;
dd) examination of transport vehicles and items;
e) search of places where exhibits and vehicles
used for committing administrative violations are concealed;
2. Rules for imposition of measures for prevention
and assurance of imposition of administrative penalties on obstructions of
justice are stipulated in Article 120 of the Law on Handling of Administrative
Violations.
Chapter II
OBSTRUCTIONS
OF JUSTICE, PENALTIES AND REMEDIAL MEASURES THEREFOR
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Article 9. False denunciations
and notices of crimes
1. A fine ranging from VND 1.000.000 to 5.000.000
shall be imposed on deliberately false denunciations and notices of crimes.
2. A fine ranging from VND 5.000.000 to VND
15.000.000 shall be imposed on one of the following violations, except for
cases prescribed in clause 3 of this Article:
a) Deliberately false denunciations and notices of
crimes falling into disrepute of competent agencies and persons;
b) Enticement, instigation, deception, bribery,
threat or coercion which makes people falsely denounce or inform crimes.
3. A fine ranging from VND 15.000.000 to VND
30.000.000 shall be imposed on lawyers committing violations prescribed in
clause 2 of this Article.
4. Additional penalties:
Confiscation of exhibits and vehicles used for
committing administrative violations prescribed in clauses 1, 2 and 3 of this
Article.
Article 10. Revelation of
secrets of investigation
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2. A fine ranging from VND 8.000.000 to VND
15.000.000 shall be imposed on:
a) Participants in the proceedings who reveal
secrets of investigation leading to delay and prolongation of investigation
period though they are requested to keep them secret by investigators,
investigating officers, procurators or inspectors, except for cases prescribed
in clause 3 of this Article;
b) Lawyers committing violations prescribed in
clause 1 of this Article.
3. A fine ranging from VND 15.000.000 to VND
30.000.000 shall be imposed on lawyers committing violations prescribed in
point a clause 2 of this Article.
4. Remedial measures:
a) Mandatory withdrawal of information, documents,
data and items containing secrets of investigation, in respect of violations
prescribed clauses 1, 2 and 3 of this Article;
b) Mandatory removal of information, documents and
data containing secrets of investigation, in respect of violations prescribed
clauses 1, 2 and 3 of this Article;
c) Mandatory surrender of the illegal benefits
acquired through the violations prescribed in clauses 2 and 3 of this Article.
Article 11. Violations against
regulations on appearing to serve summonses
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Article 12. Obstructions of
representatives of agencies, organizations or individuals in participation in
proceedings
1. A fine ranging from VND 1.000.000 to VND
5.000.000 shall be imposed on participants in proceedings who carry out acts of
deception, threat, bribery or coercion in order to obstruct representatives of
agencies, organizations or individuals in participation in proceedings.
2. Additional penalties:
Confiscation of exhibits and vehicles used for
committing administrative violations, in respect of violations prescribed in
Clause 1 of this Article.
Article 13. Obstructions of
verification and collection of evidences
1. A warning or a fine ranging from VND 100.000 to
VND 1.000.000 shall be imposed on:
a) Participants in proceedings who make false
statements or provide false documents, except for the accused;
b) Participants in proceedings who refuse to make
statements or perform their duty of providing documents and items, except for
the accused.
2. A fine ranging from VND 1.000.000 to VND
7.000.000 shall be imposed on participants in the proceedings who falsify or
destroy evidences, leading to obstructions of settlement of cases.
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a) Participants in proceedings who carry out acts
of deception, threat, bribery or coercion in order to obstruct victims in
participation in proceedings or oblige victims to make false statements, except
for cases prescribed in clause 5 of this Article;
b) Participants in proceedings who carry out acts
of deception, threat, bribery or coercion in order to obstruct witnesses or
oblige others to bear false witness, except for cases prescribed in clause 5 of
this Article;
c) Property appraisers or valuators who refuse to
conclude property assessments or valuations not due to events of force majeure
or objective obstacles.
4. A fine ranging from VND 15.000.000 to VND
30.000.000 shall be imposed on:
a) Participants in proceedings who carry out acts
of deception, threat, bribery or coercion in order to obstruct interpreters or
translators in performance of their duties or oblige interpreters or translators
to deliberately produce an incorrect translation;
b) Participants in proceedings who carry out acts
of deception, threat, bribery or coercion in order to obstruct property
appraisers or valuators in performance of their duties or oblige them to make
unsound conclusions, depending on objective facts;
c) Property appraisers or valuators who make
unsound conclusions.
5. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed on lawyers who carry out acts of deception, threat,
bribery or coercion in order to oblige victims to make false statements or
oblige others to bear false witness.
6. Additional penalties:
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Article 14. Obstructions of
issuance, transfer, receipt or notification of procedural documents or failures
to issue, transfer, send, post up or notify them
A fine ranging from VND 100.000 to VND 1.000.000
shall be imposed on:
1. Persons who are assigned to issue, transfer,
send, post up or notify procedural documents but do not perform or incompletely
perform according to the Code of Criminal Procedure;
2. Participants in proceedings who obstruct
issuance, transfer, receipt or notification of procedural documents of
competent authorities involved in proceedings.
Article 15. Insulting or
causing injuries to competent persons involved in proceedings
1. A fine ranging from VND 3.000.000 to VND
7.000.000 shall be imposed on participants in proceedings who insult honor,
human dignity and reputation of competent persons involved in proceedings,
except for cases prescribed in clause 3 of this Article.
2. A fine ranging from VND 7.000.000 to VND
15.000.000 shall be imposed on participants in proceedings who commit acts of
threat, force or other acts causing bodily injury to competent persons involved
in proceedings, except for cases prescribed in clause 4 of this Article.
3. A fine ranging from VND 15.000.000 to VND
30.000.000 shall be imposed on lawyers committing violations prescribed in
clause 1 of this Article.
In case a lawyer commits a violation that leads to
fixed-term suspension of lawyer practising certificate or lawyer practising
license in Vietnam according to regulations of the Law on Handling of
Administrative Violations, a penalty shall be applied according to regulations
of laws on administrative penalties or violations against regulations on legal
aid.
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5. Additional penalties:
Confiscation of exhibits and vehicles used for
committing administrative violations prescribed in clauses 1, 2, 3 and 4 of
this Article.
Section 2. Obstructions of criminal justice,
administrative justice, consideration and decision of applying administrative
measures in the people's Court, sending narcotic addicts aged from full 12 to
under 18 to compulsory narcotic rehabilitation centers; penalties and remedial
measures therefor
Article 16. Intentional
failure to serve summonses of the Court
A warning or a fine ranging from VND 100.000 to VND
1.000.000 shall be imposed on witnesses, interpreters and appraisers who are
duly summoned by the Court but intentionally fail to come to the Court or
absent in trials or meetings without convincing reasons, leading to
obstructions of justice of the Court.
Article 17. Obstructions of
representatives of agencies, organizations or individuals in participation in
proceedings at the request of the Court
1. A fine ranging from VND 1.000.000 to VND
5.000.000 shall be imposed on acts of threat, assault or abuse of dependence of
agencies, organizations or individuals to obstruct them in participation in
proceedings at the request of the Court.
2. Additional penalties:
Confiscation of exhibits and vehicles used for
committing administrative violations, in respect of violations prescribed in
Clause 1 of this Article.
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1. A warning or a fine ranging from VND 100.000 to
VND 1.000.000 shall be imposed on:
a) Failure to comply with the requests of the Court
and Procuracies for provision of documents and evidences managed and stored by
them;
b) Witnesses who make false statements or provide
false documents;
c) Witnesses who refuse to make statements, except
for cases prescribed in clause 3 Article 78 of the Code on Civil Procedure and
point c clause 2 Article 62 of the Law on Administrative Procedure.
2. A fine ranging from VND 1.000.000 to VND
7.000.000 shall be imposed on:
a) Falsification or destruction of important
evidences causing obstructions of settling cases of the Court;
b) Failure to appoint participants in the valuation
council at the request of the Court without convincing reasons;
c) Appraisers who refuse to provide documents
without convincing reasons.
3. A fine ranging from VND 7.000.000 to VND
15.000.000 shall be imposed on:
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b) Acts of threat, force, acts causing disorder or
other acts causing obstructions of competent persons in on-site consideration
and appraisal, decision on valuation, decision to solicit expertise or apply
other measures for verification and collection of evidences according to
regulations of laws;
c) Appraisers who refuse to conclude their
appraisals without convincing reasons;
d) Failure to participate in performing duties of
the valuation counsels without convincing reasons.
4. A fine ranging from VND 15.000.000 to VND
30.000.000 shall be imposed on:
a) Acts of deception, threat, bribery or coercion
in order to obstruct interpreters in performance of their duties or oblige
interpreters to translate fraudulently, objectively and incorrectly;
b) Acts of deception, threat, bribery or coercion
in order to obstruct appraisers in performance of their duties or oblige them
to make unsound conclusions, depending on objective facts;
c) Appraisers who make unsound conclusions;
d) Translators who intentionally make incorrect
translations.
5. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed on lawyers committing violations prescribed in
point a clause 3 of this Article.
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Confiscation of exhibits and vehicles used for
committing administrative violations, in respect of violations prescribed in
point a clause 2, points a and b clause 3, points a and b clause 4 and clause 5
of this Article.
Article 19. Obstructions of
issuance, transfer, receipt or notification of procedural documents of the
Court
1. A warning or a fine ranging from VND 100.000 to
VND 1.000.000 shall be imposed on:
a) Failure to issue, transfer or notify procedural
documents of the Court at the request of the Court without convincing reasons;
b) Obstruction of issuance, transfer, receipt or
notification of procedural documents of the Court.
2. A fine ranging from VND 1.000.000 to VND
7.000.000 shall be imposed on:
a) Destruction of procedural documents of the Court
that are assigned to issue, serve or notify at the request of the Court;
b) Falsify results of serving or notifying
procedural documents of the Court that are assigned to perform.
3. Additional penalties:
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4. Bailiffs who serve documents at the request of
the Court in contravention of regulations shall be penalized according to
regulations of laws on handling of administrative violations in the field of
legal aid.
Article 20. Interventions in
settlement of cases
1. A fine ranging from VND 10.000.000 to 20.000.000
shall be imposed on individuals who commit acts affecting under any form Judges
and members of trial panels by their authorities in order to settle cases in a
subjective and illegal manner.
2. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed on individuals who make corrupt use of their
dependent relationships to commit violations prescribed in clause 1 of this Article.
3. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed on individuals who make corrupt use of their
positions to commit violations prescribed in clause 1 of this Article.
Article 21. Offences against
solemnity and prestige of the Court; offences against honor, dignity,
reputation, health of competent persons or others performing their duties at
the request of the Court
1. A fine ranging from VND 3.000.000 to VND 7.000.000
shall be imposed on any of the following violations, except for cases
prescribed in clause 3 of this Article:
a) Offences against solemnity and prestige of the
Court;
b) Offences against honor, dignity, reputation of
competent persons or others performing their duties at the request of the
Court.
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3. A fine ranging from VND 15.000.000 to VND
30.000.000 shall be imposed on lawyers committing violations prescribed in
clause 1 of this Article.
In case a lawyer commits a violation at the level
of which fixed-term suspension of lawyer practising certificate or lawyer
practising license in Vietnam is required according to regulations of the Law
on Handling of Administrative Violations, a penalty shall be applied according
to regulations of laws on administrative penalties in the field of legal aid.
4. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed on lawyers committing violations prescribed in
clause 2 of this Article.
5. Additional penalties:
Confiscation of exhibits and vehicles used for
committing administrative violations prescribed in clauses 1, 2, 3 and 4 of
this Article.
Article 22. False information
1. A fine ranging from VND 1.000.000 to VND 7.000.000
shall be imposed on those who provide false information for the purpose of
obstruction of justice of the Court, except for cases prescribed in clause 3 of
this Article.
2. A fine ranging from VND 7.000.000 to VND
15.000.000 shall be imposed on those who provide false information causing
delay or prolongation of period of conducting court proceedings, except for
cases prescribed in clause 4 of this Article.
3. A fine ranging from VND 15.000.000 to VND
30.000.000 shall be imposed on lawyers committing violations prescribed in
clause 1 of this Article.
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5. Additional penalties:
Confiscation of exhibits and vehicles used for
committing administrative violations prescribed in clauses 1, 2, 3 and 4 of
this Article.
6. Remedial measures:
a) Mandatory offer of public apologies for
violations prescribed clauses 2, 3 and 4 of this Article;
b) Mandatory withdrawal of false information with
respect to violations prescribed clauses 2, 3 and 4 of this Article;
c) Mandatory removal of false information with
respect to violations prescribed clauses 2, 3 and 4 of this Article;
d) Mandatory surrender of the illegal benefits
obtained from the violations prescribed in clauses 2, 3 and 4 of this Article.
7. Journalists who post or broadcast false
information on the press in order to obstruct court proceedings shall be
penalized in accordance with laws on administrative penalties in press
activities.
Section 3. Violations against Court rules, other
OBSTRUCTIONS OF JUSTICE, PENALTIES AND REMEDIAL MEASURES THEREFOR
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1. A warning or a fine ranging from VND 100.000 to
VND 500.000 shall be imposed on any of the following acts:
a) Using phones, making noises or committing other
acts to cause disorder at the court hearing;
b) Turning off cameras or microphones of electronic
devices in the courtroom despite being reminded by the presiding judge;
c) Failure to stand up when the trial panel comes
in the courtroom or when the trial panel pronounces sentence without permission
of the presiding judge;
d) The defendant's failure to stand up when the
procurator announces indictment or decides prosecution without permission of
the presiding judge;
dd) Smoking or eating in the courtroom;
e) Wearing informal clothes, hats or colored
glasses in the courtroom without any valid reason or consent of the presiding
judge;
g) Defendants who are being temporarily detained
making contact with other people who are not their defense counsels without the
permission of the presiding judge;
h) Children aged from full 14 to under 16 have been
reminded but still came in the courtroom, except for cases that the Court sent
summonses to participate in the court hearing.
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a) Failure to comply with security inspection of
forces in charge of protection of the court hearing;
b) Asking questions or expressing opinions without
permission of the presiding judge;
c) Making disturbance in the courtroom;
d) Failure to comply with the control of the
presiding judge despite being reminded;
dd) Having an irreverent attitude towards the trial
panel;
e) Individuals who participate in the court hearing
at the request of the Court fail to present their summonses, invitations or
other related documents despite being reminded;
g) Individuals who participate in the court hearing
at the request of the Court fail to sit in their correct positions in the
courtroom under instructions of the Court Clerk;
h) Individuals who participate in the court hearing
at the request of the Court leave the courtroom while the court hearing is
taking place without valid reasons or consent of the presiding judge;
i) Failure to fulfill requirements of the Court for
presenting their press cards when an individual participates in the court
hearing as a journalist.
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a) Instigating or inciting others to cause disorder
in the courtroom;
b) Bringing items prohibited from marketing,
booklets, slogans or other documents or items into the courtroom, affecting
solemnity of the court hearing, except for exhibits of the case that are used
on trial, weapons or combat gears that are used for performing their duties of
protection of the court hearing by competent persons;
c) Intentionally turning off lighting, sound or
audio/video recording systems affecting the court hearing.
4. A fine ranging from VND 7.000.000 to VND
15.000.000 shall be imposed on:
a) Dumping or throwing waste, dirt, chemicals,
bricks, soil, stones, sand or other objects into the courtroom;
b) Bringing weapons, explosives, inflammables or
toxic substances into the courtroom, except for exhibits of the case in service
of adjudication or weapons and combat gears carried by competent persons to
protect the court hearing;
c) Recording the Trial Panel without the consent of
the Presiding Judge or the participants in the proceedings without their
consents in court hearing of civil cases or administrative cases; acts of not
complying with the Presiding Judge's direction of recording in the court
hearing of criminal cases.
5. Additional penalties:
Confiscation of exhibits and vehicles used for
committing administrative violations, in respect of violations prescribed in
points a and b clause 1, point c clause 2, point c and points b and c clause 4
of this Article.
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a) Mandatory withdrawal or surrender of
documentation and images, in respect of violations specified in point c clause
4 of this Article;
b) Mandatory surrender of the illegal benefits
obtained from the violations specified in point c clause 4 of this Article;
c) Mandatory restoration of the original state, in
respect of violations specified in point a clause 4 of this Article.
7. Regulations in clauses 1, 2, 3, 4, 5 and 6 of
this Article shall be imposed on obstructions of justice at the court hearing
of the Court.
Article 24. Other obstructions
of justice
1. A fine ranging from VND 1.000.000 to VND
7.000.000 shall be imposed on:
a) Leaking materials or account information to log
in the online adjudication system;
b) Destroying the system of transmission lines and
network equipment, sound system (speaker, microphone, amplifier, sound
amplifier), equipment for display of images at the central hub and
participating nodes of the Court hearing, online meeting, equipment for
decoding television signals, online television software, camera for recording
the process of the court hearing, session, data storage equipment, object
projector for the purpose of showing documents and evidences at the court
hearing or session.
2. Additional penalties:
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Chapter III
COMPETENCE IN AND
PROCEDURES FOR IMPOSING PENALTIES, IMPLEMENTING DECISIONS ON IMPOSING PENALTIES
AND COERCE TO IMPLEMENT DECISIONS ON IMPOSING ADMINISTRATIVE PENALTIES
Article 25. The competence in
imposing penalties of the People’s Court
1. Since being assigned, the Presiding Judge holds
the power to:
a) Impose warning;
b) Impose the fine of up to 1.000.000 dong;
c) Confiscate any exhibit or equipment involved in
commission of administrative violations if its value is not 02 times as high as
the penalty amount specified in point b of this clause;.
2. Chief Justice of the District-level People’s Court, Chief Judge of the
Specialized Court of the Provincial People’s Court and Chief Justice of the
Regional Military Courts have the powers to:
a) Impose warning;
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c) Confiscate any exhibit or equipment involved in
commission of administrative violations if its value is not 02 times as high as
the penalty amount specified in point b of this clause.
3. Chief Justice of the District-level People’s
Court, Chief Justice of the High People's Court has the right to:
a) Issue warnings;
b) Impose a fine of up to 40.000.000 VND;
c) Confiscate exhibits and instrumentalities used
for committing administrative violations;
d) Adopt remedial measures specified in Points a,
b, c, e, g and h Clause 1 Article 7 of this Ordinance.
4. Chief Justices of military courts of military
zones and the equivalent shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to 40.000.000 VND;
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d) Apply remedial measures specified in Clause 1
Article 7 hereof.
Article 26. Power to impose
penalties of the People’s Public Security
1. Leaders of soldiers of the People's Public
Security on duty have the right to:
a) Issue warnings;
b) Impose a fine of up to 1.200.000 VND;
2. Chiefs of police stations of communes, chiefs of
police stations shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to 2.000.000 VND;
c) Confiscate any exhibit or equipment involved in
commission of administrative violations if its value is not 02 times as high as
the penalty amount specified in point b of this clause.
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a) Issue warnings;
b) Impose a fine of up to 8.000.000 VND;
c) Confiscate any exhibit or equipment involved in
commission of administrative violations if its value is not 02 times as high as
the penalty amount specified in point b of this clause;
d) Apply remedial measures specified in Points d
and dd Clause 1 Article 7 hereof.
4. Directors of provincial Police Departments shall
have the authority to:
a) Issue warnings;
b) Impose a fine of up to 20.000.000 VND;
c) Confiscate exhibits and instrumentalities used
for committing administrative violations;
d) Apply remedial measures specified in Points b, d
and dd Clause 1 Article 7 hereof.
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a) Issue warnings;
b) Impose a fine of up to 40.000.000 VND;
c) Confiscate exhibits and instrumentalities used
for committing administrative violations;
d) Apply remedial measures specified in Points b, d
and dd Clause 1 Article 7 hereof.
Article 27. The power to
impose penalties of Border Guards
1. Commanders of the Border Guard Stations and
Commanders of the Commanding Officer of the Port Border Guard shall have the
authority to:
a) Issue warnings;
b) Impose a fine of up to 8.000.000 VND;
c) Confiscate any exhibit or equipment involved in
commission of administrative violations if its value is not 02 times as high as
the penalty amount specified in point b of this clause;
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2. The leaders of the Drug and Crime Prevention and
Control Task Forces under the Drugs and Crime Prevention Departments of the
Border Guard Command shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to 20.000.000 VND;
c) Confiscate any exhibit or equipment involved in
commission of administrative violations if its value is not 02 times as high as
the penalty amount specified in point b of this clause;
d) Apply remedial measures specified in Points b, d
and dd Clause 1 Article 7 hereof.
3. Commanders of the Provincial Border Guards and
Directors of the Drug and Crime Prevention and Control Departments under the
control of the Border Guard Command shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to 40.000.000 VND;
c) Confiscate exhibits and instrumentalities used
for committing administrative violations;
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Article 28. The power to
impose penalties of Coast Guards
1. Heads of the Coast Guard Operation Teams shall
have the authority to:
a) Issue warnings;
b) Impose the fine of up to 4.000.000 VND;
2. Captains of the Coast Guard Squadrons shall have
the authority to:
a) Issue warnings;
b) Impose a fine of up to 8.000.000 VND;
c) Confiscate any exhibit or equipment involved in
commission of administrative violations if its value is not 02 times as high as
the penalty amount specified in point b of this clause;
d) Apply remedial measures specified in Points d
and dd Clause 1 Article 7 hereof.
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a) Issue warnings;
b) Impose a fine of up to 12.000.000 VND;
c) Confiscate any exhibit or equipment involved in
commission of administrative violations if its value is not 02 times as high as
the penalty amount specified in point b of this clause;
d) Apply remedial measures specified in Points d
and dd Clause 1 Article 7 hereof.
4. Commanders of the Regional Coast Guards, the
Directors of the Legal and Operational Department under the Vietnam Coast Guard
Commands shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to 20.000.000 VND;
c) Confiscate exhibits and instrumentalities used
for committing administrative violations;
d) Apply remedial measures specified in Points d
and dd Clause 1 Article 7 hereof.
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a) Issue warnings;
b) Impose a fine of up to 40.000.000 VND;
c) Confiscate exhibits and instrumentalities used
for committing administrative violations;
d) Apply remedial measures specified in Points d
and dd Clause 1 Article 7 hereof.
Article 29. The power to
impose penalties of Customs authorities
1. Heads of the Sub-Departments of Customs at
checkpoints shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to 25.000.000 VND;
c) Confiscate any exhibit or equipment involved in
commission of administrative violations if its value is not 02 times as high as
the penalty amount specified in point b of this clause;
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2. Director of the Smuggling Investigation and
Prevention Department, Director of the Post-clearance Inspection Department, a
subsidiary of the General Department of Customs, and Directors of the
provincial, inter-provincial or central-affiliated city Customs Departments
shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to 40.000.000 VND;
c) Confiscate exhibits and instrumentalities used
for committing administrative violations;
d) Apply remedial measures specified in Points b, d
and dd Clause 1 Article 7 hereof.
Article 30. Authority to
impose penalties of Forest Rangers
1. Directors of Forest Protection Departments have
the authority to:
a) Issue warnings;
b) Impose a fine of up to 25.000.000 VND;
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d) Apply remedial measures specified in Points b, d
and dd Clause 1 Article 7 hereof.
2. Directors of Forest Protection Sub-departments;
Directors of Regional Forest Protection Sub-Departments have the authority to:
a) Issue warnings;
b) Impose a fine of up to 40.000.000 VND;
c) Confiscate any exhibit or equipment involved in
commission of administrative violations if its value is not 02 times as high as
the penalty amount specified in point b of this clause;
d) Apply remedial measures specified in Points b, d
and dd Clause 1 Article 7 hereof.
3. Director of Forest Protection Department shall
have the authority to:
a) Issue warnings;
b) Impose a fine of up to 40.000.000 VND;
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d) Apply remedial measures specified in Points b, d
and dd Clause 1 Article 7 hereof.
Article 31. Authority to
impose penalties of Fisheries Resources Surveillance forces
1. Fisheries resources surveillance officers
assigned to carry out investigation shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to 2.000.000 VND;
c) Confiscate any exhibit or equipment involved in
commission of administrative violations if its value is not 02 times as high as
the penalty amount specified in point b of this clause.
2. Directors of Regional Fisheries Resources
Surveillance Sub-Departments, Director of Vietnam Fisheries Surveillance shall
have the authority to:
a) Issue warnings;
b) Impose a fine of up to 40.000.000 VND;
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d) Apply remedial measures specified in Points b, d
and dd Clause 1 Article 7 hereof.
Article 32. Authority to
impose penalties of Chairpersons of the People’s Committees
1. Chairpersons of communal People’s Committees
shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to 4.000.000 VND;
c) Confiscate any exhibit or equipment involved in
commission of administrative violations if its value is not 02 times as high as
the penalty amount specified in point b of this clause.
2. Chairpersons of district-level People’s
Committees shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to 20.000.000 VND;
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d) Impose remedial measures specified in Point b
through h Clause 1 Article 7 of this Ordinance.
3. Chairpersons of provincial People’s Committees
shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to 40.000.000 VND;
c) Confiscate exhibits and instrumentalities used
for committing administrative violations;
d) Impose remedial measures specified in Point b
through h Clause 1 Article 7 of this Ordinance.
Article 33. Authority to
impose penalties of the People’s Court
1. Judges chairing the court session shall impose
penalties on obstruction of justice prescribed in Article 11, Clause 1 Article
13, Article 14, Article 16, Clause 1 Article 18, Clause 1 Article 19, Clause 1
and Clause 2 Article 23 hereof.
2. Presiding Judges of district-level People's
Courts, specialized Chief Judges of provincial People's Courts shall impose
penalties on obstruction of justice prescribed in Article 11, Article 12,
Clause 1 and Clause 2 Article 13, Article 14, Clause 1 Article 15, Article 16,
Article 17, Clause 1 and Clause 2 Article 18, Article 19, Clause 1 Article 21,
Clause 1 Article 22, Clauses 1, 2 and 3 Article 23 and Article 24 hereof.
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4. Presiding Judges of provincial People's Courts,
specialized Chief Judges of High People's Courts shall impose penalties on
obstruction of justice prescribed in Article 11 through Article 24 hereof.
5. Chief Justices of military courts of military
zones and the equivalent shall impose penalties on obstruction of justice
prescribed in Article 9 through Article 15, Article 23 and Article 24 hereof.
Article 34. Power to impose
penalties of the People’s Public Security forces
1. Leaders of the People’s Public Security soldiers
on duty, Commune-level Police Chiefs, Heads of Police Posts shall impose
penalties on obstruction of justice prescribed in Article 11, Clause 1 Article
13 and Article 14 hereof.
2. District-level Police Chiefs; the Head of the
Professional Division of the Internal Political Security Department; the Head
of the Professional Division of the Traffic Police Department; the Head of the
Professional Division of the Department of Fire Prevention, Fighting and
Rescue; the Head of the Professional Division of the Department of the
Department of Cybersecurity and Hi-Tech Crime Prevention; the Head of the
Professional Division of Vietnam Immigration Department; Chiefs of provincial
Police Departments including the Chief of Internal Political Security Division,
the Chief of the Social Order-Related Crime Investigating Police Department,
the Chief of the Corruption, Economy and Smuggling Crime Investigating Police
Department; the Chief of the Drug-Related Crime Investigating Department, the
Chief of the Traffic Police Division, the Chief of Road and Railway Traffic
Police Division, the Chief of Road Traffic Police Division, Chiefs of Waterway Police
Divisions, Chiefs of Police Divisions for Prevention and Control of
Environmental Crimes, Chiefs of Firefighting, Prevention and Rescue Police
Divisions, Directors of Cybersecurity, Hi-Tech Crime Prevention and Control
Divisions, Directors of Immigration Divisions; Directors of Economic Security
Divisions; Directors of External Security Divisions shall impose penalties on
obstruction of justice prescribed in Clause 1 Article 9, Clause 1 Article 10,
Article 11, Article 12, Clause 1 and Clause 2 Article 13, Article 14 and Clause
1 Article 15 hereof.
3. Directors of local provincial public security
forces shall impose penalties on obstruction of justice prescribed in Clause 1
and Clause 2 Article 9, Clause 1 and Clause 2 Article 10, Article 11, Article
12, Clauses 1, 2 and 3 Article 13, Article 14, Clause 1 Clause 2 Article 15
hereof.
4. Director of the Investigation Police Department
for Social Order Crimes; Director of the Investigation Police Department for
Corruption, Economic and Smuggling Crimes; Director of the Investigation Police
Department for Drug Crimes; Director of the Traffic Police Department; Director
of the Firefighting, Prevention and Rescue Police Department; Director of the
Police Department for Prevention and Control of Environmental Crimes; Director
of the Internal Political Security Department; Director of the Economic
Security Department; Director of the Internal Security Department; Director of
the Cybersecurity, Hi-tech Crimes Prevention and Control Department; Director
of the Immigration Department shall impose penalties on obstruction of justice
prescribed in Article 9 through Article 15 hereof.
Article 35. Authority to
impose penalties of Border Guard Forces
1. Commanding Officers of Border Guard Posts and
Commanders of the Border Guard Commands at port border gates shall impose
penalties on obstruction of justice prescribed in Clause 1 Article 9, Clause 1
Article 10, Article 11, Clause 12, Clause 1 and Clause 2 Article 13, Article
14, Clause 1 Article 15 hereof.
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3. Chief Commanders of the Provincial Border Guards
and Directors of the Drug and Crime Prevention and Control Departments
affiliated to the Border Guard Command shall impose penalties on obstruction of
justice prescribed in Article 9 through Article 15 hereof.
Article 36. Authority to
impose penalties of Coast Guards Forces
1. Team leaders of professional teams of Coast
Guards assigned to carry out investigation shall impose penalties on
obstruction of justice prescribed in Article 11, Clause 1 Article 13 and
Article 14 hereof.
2. Captains of Coast Guard Flotillas, Captains of
Naval Border Guard Squadrons and Heads of Task Force Commissions for Drug Crime
Prevention and Control under the control of Vietnam Coast Guard Command shall
impose penalties on obstruction of justice prescribed in Clause 1 Article 9,
Clause 1 Article 10, Article 11, Article 12, Clauses 1 and 2 Article 13,
Article 14, Clause 1 Article 15 hereof.
3. Regional Commands of Coast Guard and Director of
the Department of Operations and Legislation under the control of Vietnam Coast
Guard Command shall impose penalties on obstruction of justice prescribed in
Clause 1 and Clause 2 Article 9, Clause 1 Article 10, Article 11, Article 12,
Clauses 1, 2 and 3 Article 13, Article 14, Clause 1 Clause 2 Article 15 hereof.
4. Commander of Vietnam Coast Guard shall impose
penalties on obstruction of justice prescribed in Article 9, Clause 1 Article
10 and Article 11 through Article 15 hereof.
Article 37. Authority to
impose penalties of Customs authorities
1. Directors of Border Customs Sub-Departments
shall impose penalties on obstruction of justice prescribed in Clause 1 and
Clause 2 Article 9, Clause 1 and Clause 2 Article 10, Article 11, Article 12,
Clauses 1, 2 and 3 Article 13, Article 14, Clause 1 Clause 2 Article 15 hereof.
2. Director of the Smuggling Investigation and
Prevention Department, Director of the Post-clearance Inspection Department, a
subsidiary of the General Department of Customs, and Directors of the
provincial, inter-provincial or central-affiliated city Customs Departments
shall impose penalties on obstruction of justice prescribed in Article 9
through Article 15 hereof.
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1. Directors of Forest Protection Departments shall
impose penalties on obstruction of justice prescribed in Clause 1 and Clause 2
Article 9, Clause 1 and Clause 2 Article 10, Article 11, Article 12, Clauses 1,
2 and 3 Article 13, Article 14, Clause 1 Clause 2 Article 15 hereof.
2. Directors of Forest Protection Sub-departments,
Directors of Regional Forest Protection Sub-Departments and Directors of Forest
Protection Departments shall impose penalties on obstruction of justice
prescribed in Article 9 through Article 15 hereof.
Article 39. Authority to
impose penalties of Fisheries Resources Surveillance forces
1. Fisheries resources surveillance officers
assigned to carry out investigation shall impose penalties on obstruction of
justice prescribed in Article 11, Clause 1 Article 13 and Article 14 hereof.
2.
Directors
of Regional Fisheries Resources Surveillance Sub-Departments and Director of
Vietnam Fisheries Surveillance shall impose penalties on obstruction of justice
prescribed in Article 9 through Article 15 hereof.
Article 40. Authority to
impose penalties of Chairpersons of the People’s Committees
1. Chairpersons of the commune-level People’s
Committees shall impose penalties on obstruction of justice prescribed in
Article 11, Clause 1 Article 13, Article 14, Article 16, Clause 1 Article 18
and Clause 1 Article 19 hereof.
2. Chairpersons of the district-level People’s
Committees shall impose penalties on obstruction of justice prescribed in
Clauses 1 and 2 Article 9, Clause 1 and Clause 2 Article 10, Article 11,
Article 12, Clauses 1, 2 and 3 Article 13, Article 14, Clauses 1 and 2 Article
15, Article 16, Article 17, Clauses 1, 2 and 3 Article 18, Article 19, Clauses
1 and 2 Article 21, Clauses 1 and 2 Article 22 hereof.
3. Chairpersons of the provincial People’s
Committees shall impose penalties on obstruction of justice prescribed in
Article 9 through Article 19, Article 21 and Article 22 hereof.
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1. Persons who have the authority to impose
penalties in the People’s Courts shall have authority to impose penalties according
to the regulations in Article 25 and Article 33 hereof on obstruction of
justice since the People’s Courts receive and examine the cases.
2. Persons who have the authority to impose
penalties in Military Courts shall have authority to impose penalties according
to the regulations in Article 25 and Article 33 hereof on:
a) Obstruction of justice since the Military Courts
receive and examine the cases;
b) Obstruction of justice in the period of handling
sources of information on crime, introduction of instance, investigation of
competent authorities and persons under Military Procuracies, investigating
agencies of the Central Military Procuracy, investigating agencies under the
People's Army and agencies under the People's Army assigned to carry out investigation,
except for Border Guards and Coast Guards;
c) Obstruction of justice in the period of
prosecution of competent authorities and persons under Military Procuracies.
3. Persons who have the authority to impose
penalties under the People’s Public Security shall have authority to impose
penalties according to the regulations in Article 26 and Article 34 hereof on:
a) Obstruction of justice in the period of handling
sources of information on crime, introduction of instance, investigation of
competent authorities and persons under the People’s Public Security, the
People’s Procuracies, investigating agencies under the Supreme People’s
Procuracy;
b) Obstruction of justice in the period of
prosecution of competent authorities and persons under the People’s
Procuracies.
4. Persons who have the authority to impose
penalties under Border Guards shall have authority to impose penalties
according to the regulations in Article 27 and Article 35 hereof on obstruction
of justice in the period of handling sources of information on crime,
introduction of instance and investigation of competent authorities and persons
under the Border Guards.
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6. Persons who have the authority to impose
penalties under Customs authorities shall have authority to impose penalties
according to the regulations in Article 29 and Article 37 hereof on obstruction
of justice in the period of handling sources of information on crime,
introduction of instance and investigation of competent authorities and persons
under the Customs authorities.
7. Persons who have the authority to impose
penalties under Forest Rangers shall have authority to impose penalties
according to the regulations in Article 30 and Article 38 hereof on obstruction
of justice in the period of handling sources of information on crime,
introduction of instance and investigation of competent authorities and persons
under the Forest Rangers.
8. Persons who have the authority to impose
penalties under Fisheries Surveillance forces shall have authority to impose
penalties according to the regulations in Article 31 and Article 39 hereof on
obstruction of justice in the period of handling sources of information on
crime, introduction of instance and investigation of competent authorities and
persons under the Fisheries Surveillance forces.
9. Chairpersons of the People’s Committees shall
have authority to impose penalties according to the regulations in Article 32
and Article 40 hereof on obstruction of justice in the period of handling
sources of information on crime, introduction of instance, investigation,
prosecution and judgement of competent authorities and persons, except for the
cases prescribed in Clause 2 of this Article.
Article 42. Procedures for
imposition of penalties
1. Procedures for imposition of administrative
penalties on obstruction of justice shall comply with the regulations in
Article 55 through Article 68 of the Law on Handling of Administrative Violations
and other relevant regulations of laws.
2. For individuals and organizations causing
obstruction of justice of the People’s Procuracies, Military Procuracies,
investigating agencies of the Supreme People’s Procuracy, investigating
agencies of the Central Military Procuracy, investigating agencies under the
People's Army and agencies under the People's Army assigned to carry out
investigation, except for Border Guards and Coast Guards, competent persons
making records shall send the records and other relevant documents to persons
having authority to impose penalties for consideration of imposing
administrative penalties as prescribed in the Law on Handling of Administrative
Violations, this Ordinance and other regulations of relevant laws.
Article 43. Making records of
administrative violations
1. Persons who have authority to make records of
obstruction of justice of the People’s Courts and Military Courts include:
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b) Judges assigned to handle cases;
c) Investigators; Court Clerks on duty;
d) Other competent persons of the People Courts and
Military Courts on duty.
2. Persons who have authority to make records of
obstruction of justice of the People’s Procuracies and Military Procuracies,
investigating agencies of the Supreme People’s Procuracy and investigating
agencies of the Central Military Procuracy include:
a) Procurators assigned to handle cases;
b) Investigators and investigative officers
assigned to handle cases;
c) Investigators on duty;
d) Other competent persons of the People’s
Procuracies and Military Procuracies, investigating agencies of the Supreme
People’s Procuracy and investigating agencies of the Central Military Procuracy
on duty.
3. Persons who have authority to make records of
obstruction of justice of agencies and persons who have authority to
investigate in the People’s Public Security, the People’s Army, Border Guards,
Coast Guards, Customs authorities, Forest Rangers and Fisheries Surveillance
forces include:
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b) Investigators assigned to handle cases;
c) Investigative officers on duty;
d) Soldiers of the People’s Public Security on
duty;
dd) Other competent persons under the People’s
Public Security, the People’s Army, Border Guards, Coast Guards, Customs
authorities, Forest Rangers and Fisheries Surveillance forces on duty.
4. The preparation of records of administrative
violations shall comply with the regulations in Article 58 of the Law on
Handling of Administrative Violations and other relevant regulations of laws.
5. Persons who have authority to make records of
administrative violations, relevant individuals and organizations shall be
handled as prescribed by law if they have faults in making records of
administrative violations, transferring administrative records and transferring
dossiers on administrative violations.
Article 44. Transfer of
dossiers on administrative violations suspected of crimes for criminal
prosecution, transfer of dossier on violations for imposition of administrative
penalties
1. When considering violation cases for deciding
imposition of administrative penalties, if the violations prescribed in Article
9; Article 10; Article 13; Article 15; Point b and Point c Clause 1, Point a
and Point c Clause 2, Points a, b and c Clause 3, Clause 4 and Clause 5 Article
18; Clause 3 Article 20; Article 21; Point c Clause 2, Point a Clause 3 and
Point b Clause 4 Article 23; Point b Clause 1 Article 24 and other violations
according to the regulations of this Ordinance are suspected of crimes, persons
who have authority to impose penalties shall immediately transfer dossiers on
such violations to competent authorities entitled to pursue criminal
proceedings.
Agencies having authority to pursue criminal
proceedings shall be responsible for considering, issuing conclusion and
written responses to competent persons who have transferred dossiers within the
period according to regulations of law on criminal procedure; if there is a
decision not to institute criminal proceedings, within 03 days from the date of
issuance of such decision, the competent authorities entitled to pursue
criminal proceedings shall return the dossiers on violation cases to the
competent persons who have transferred the dossiers.
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Article 45. Implementing
decisions on imposing penalties and coercing to implement decisions on imposing
administrative penalties
1. Implementation of decisions on imposition of
administrative penalties and coercion of implementation of decisions on
imposition of administrative penalties shall comply with the regulations in
Article 69 through Article 88 of the Law on Handling of Administrative
Violations and other regulations of relevant laws.
2. Persons having authority to issue decisions on
coercion include:
a) Chairpersons of communal People’s Committees at
all levels;
b) Chief Justices of district-level People’s
Courts, Chief Justices of provincial People’s Courts, Chief Justices of
Regional Military Courts, Chief Justices of military courts of military zones
and the equivalent and Chief Justice of the High People's Court;
c) Persons having authority to issue decisions on
coercion under the People’s Public Security, the People’s Army, Border Guards,
Coast Guards, Customs authorities, Forest Rangers and Fisheries Surveillance
forces entitled to comply with Points b, c, d, dd and e Clause 1 Article 87 of
the Law on Handling of Administrative Violations.
Article 46. Rules, authority
and procedures for application of measures for prevention and assurance about
handling administrative violations
1. Rules, authority and procedures for application,
cancellation or replacement of measures for prevention and assurance about
handling administrative violations for obstruction of justice shall comply with
the regulations in Article 120 through Article 129 of the Law on Handling of
Administrative Violations and other regulations of relevant laws.
2. The People’s Public Security forces who are
protecting a Court session shall be responsible for coercing persons who
violate the Court session’s rules to leave the court room or arresting and
escorting violators according to the decision of the presiding judge.
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IMPLEMENTATION CLAUSES
Article 47. Effect
This Ordinance comes into force from September 01,
2022.
Article 48. Responsibility for
implementation
The Government, the Supreme People’s Court and the
Supreme People’s Procuracy shall be responsible for organizing implementation
of this Ordinance.
This Ordinance is adopted on August 18, 2022 by
the Standing Committee of 15th National Assembly of the Socialist
Republic of Vietnam in the legal seminar in August.
ON BEHALF OF
STANDING COMMITTEE OF NATIONAL ASSEMBLY
PRESIDENT
Vuong Dinh Hue
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