THE
GOVERNMENT
------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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|
No.
73/2010/ND-CP
|
Hanoi, July
12, 2010
|
DECREE
REGULATING ON SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS IN THE DOMAIN
OF SECURITY, ORDER AND SOCIAL SAFETY
THE GOVERMENT
Pursuant to the Law on Government
organization, of December 25, 2001;
Pursuant to the Ordinance on
Handling administrative violations, of July 02, 2002 and Ordinance on amending
and supplementing a number of articles of the Ordinance on Handling
administrative violations, of April 02, 2008;
At the proposal of the Minister of
Public Security
DECREES:
Chapter 1.
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Article 1. Scope
of regulation
1. This Decree regulates
administrative violations in the domain of security, order and social safety
(hereinafter referred to as security and order); forms of sanctions, fines,
remedial measures; competence of sanction; the orders and procedures for
sanction; complaints, denunciations and settlement of complaints,
denunciations.
2. Administrative violations in
domain of security and order are acts violating state management regulations on
security and order which are deliberately or undeliberately committed by
individuals, organizations not constitute crimes and Article prescribed in this
Decree, they must be administratively sanctioned.
3. Administrative violations in
domain of security and order or related to security and order specified in
other Government's Decrees on administrative sanction are implemented
administrative sanction as prescribed in those Decrees.
Article 2.
Subjects of application
Vietnamese individuals,
organizations; foreign individuals, organizations, international organizations
committing administrative violations in domain of security and order in
territory of the Socialist Republic of Vietnam shall be sanctioned as
prescribed in this Decree and other regulations of law related to
administrative sanction.
In case a treaty to which the
Socialist Republic of Vietnam is a contracting party otherwise provides, such
treaty will prevail.
Article 3.
Principles for administrative sanction
Principles for administrative
sanction in domain of security and order are implemented as prescribed in
Article 3 of the 2002 Ordinance on handle administrative violations and Article
3 of the Decree No. 128/2008/ND-CP, of December 16, 2008 detailing the
implementation of a number of articles of the 2002 Ordinance on handling of
administrative violations and the 2008 Ordinance on amending and supplementing
a number of articles of Ordinance on handling of administrative violations.
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1. For each act of administrative
violation in domain of security and order specified in this Decree, the
violating individuals or organizations must be subject to one of the following
principal sanctioning forms:
a) Warnings;
b) Fines.
The minimum fine is VND 60,000, the
maximum fine is VND 30,000,000. The specific fine for each violation in domain
of security and order is specified in chapter II of this Decree.
2. Depending on the nature and
seriousness of their violations, individuals and/or organizations that commit
administrative violations in domain of security and order may also be subject
to the application of one or both of the following additional sanctioning
forms:
a) Stripping off the right to use
permits, professional practice certificates;
b) Confiscating material evidences
and/or means used to commit administrative violations.
3. Apart from the principal
sanctioning forms, additional sanctioning forms prescribed in Clause 1 and
clause 2 of this Article, the individuals and organizations committing
administrative violations may also be subject to the application of one or many
of the following consequence-overcoming measures:
a) Forcible restoration of the
initial state altered due to the administrative violations or forcible
dismantling of illegally constructed works;
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c) Forcible bringing out of the
Vietnamese territory or forcible re-exports of goods, articles and means;
d) Forcible destruction of articles which
cause harms to human health, domestic animals and cultivated plants, and
harmful cultural products.
4. Persons committing administrative
violations which cause harms to organizations, individuals, apart from
administratively sanctioned as prescribed in clause 1, clause 2 and clause 3 of
this Article, they must pay damages as prescribed by civil law.
5. Foreigners who commit
administrative violations in domain of security and order in Vietnam’s
territory may also be sanctioned with expulsion out of the Socialist Republic
of Vietnam.
The expulsion may be applied as a
principal sanctioning form or an additional sanctioning form. Competence, order
and procedures for application of sanction form of expulsion are implemented as
prescribed by current law on sanction with expulsion under administrative
procedures.
Article 5. The statute of
limitations for sanctioning an administrative violation
1. The statute of limitations for
sanctioning an administrative violation in domain of security and order shall
be one year as from the date such administrative violation is committed; for
administrative violations on exit and entry, the statute of limitations for
sanctioning an administrative violation shall be two years as from the date
such administrative violation is committed.
Past the above-mentioned time limits,
no administrative sanction shall be imposed but other consequence-overcoming
measures prescribed in this Decree shall still apply.
2. For individuals who were sued,
prosecuted or got decisions to be brought to trial according to criminal
procedures, but later got decisions to suspend investigation or suspend the
cases where acts of violation show signs of administrative violations, they
shall be administratively sanctioned; for this case, the statute of limitations
for sanctioning administrative violations shall be three months as from the
date the persons with sanctioning competence receive the suspension decisions
and the dossiers on the violations.
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4. If the persons with sanctioning
competence are at fault in letting the statue of limitations for sanctioning
administrative violations expire, they shall be handled according to the
provisions in Article 121 of the 2002 Ordinance on handling of administrative
violations.
Article 6. Time limits for
being considered not yet administratively sanctioned
One year as from the date of
completely serving the sanctioning decisions or the date of expiry of the
statute of limitations for executing the sanctioning decisions, if the
individuals and organizations sanctioned for administrative violations in
domain of security and order do not repeat their violations, they shall be
considered not yet being administratively sanctioned.
Chapter 2.
ACTS OF
ADMINISTRATIVE VIOLATIONS AND FORMS OF SANCTION
Article 7.
Violations of public order
1. To serve a warning or fine of
100,000 to 200,000 VND for one of the following acts:
a) Displaying a crude, provocative or
teasing gesture or any other act which hurts the honor and dignity of another
person;
b) Causing disturbances at the
theaters, movie houses, cultural houses, clubs, places for art performances or
the organization of physical culture and sport activities, festivals,
exhibitions, fairs, offices of agencies, firms, social organizations,
enterprises, cooperatives, residential areas, schools, hospitals, railway
stations, ports, bus stations or on the means of transport, in city streets, in
the border gate or port areas or orther public places which,
however, is not serious enough to be examined for penal liability;
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2. To serve a fine of 500,000 to
1,000,000 VND for one of the following acts:
a) Fighting or instigating others to
fight which, however, is not serious enough to be examined for penal
liability;
b) Notifying false information to
competent state agencies;
c) Getting drunk and causing
disturbances at public places which, however, is not serious enough to
be examined for penal liability;
d) Throwing bricks, soil, stone, sand
or any other object into houses, onto a ship, boat, train and other means of
transport, or at a person, article or property of another person;
dd) Gathering in large numbers at
public places and causing disturbances at public places which, however,
is not serious enough to be examined for penal liability;
e) Letting domestic and other animals
causing injuries, damages to property of another person;
g) Flying kites or balloons,
directing remote control toy planes or other flying objects in the airport
areas, prohibited areas; burning and flying “sky lamps” in cities, townships,
or areas with crowded residents, industrial zones, warehousing areas, airports,
ports, etc.
3. To serve a fine of 1,000,000 to
2,000,000 VND for one of the following acts:
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b) Instigating others not to comply
with the request of the persons on duty;
a) Disturbing public order while
carrying rudimentary weapons like knives, bayonets, scimitars, chains, cudgels,
sticks, etc, or support devices;
d) Enticing or inciting another person to dusturb, cause
disturbances at public places which, however, is not serious enough to be
examined for penal liability;
dd) Hiring or enticing another person
to fight;
a) Gathering in large numbers for
promotion, inciting
illegal competitions of canoes, motor boats, ships which, however, is not
serious enough to be examined for penal liability;
g) Causing public disorder at the
court, the place of verdict enforcement, or any other acts which obstructs the
trying activities or the execution of the verdicts which, however, is not
serious enough to be examined for penal liability;
h) Causing public disorder at the
place of execution of enforcement decision which, however, is not serious
enough to be examined for penal liability;
i) Misusing right of democracy and
religious freedom for enticing, inciting another person to
violate benefits of state, lawful rights and interests of organizations,
individuals;
k) Directly doing or hiring person to
infringe upon health, life of another person;
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m) Illegal gathering in large
numbers of persons at areas, prohibited locations and areas ;
n) Implement improperly with regulations
of law on gathering in large numbers of persons at public places;
o) Organizing, facilitating for
another person to marry with foreigners at variance with culture and fine
traditions or at variance with law, affecting to security, order (except case
specified in clause 4 Article 11 of the Government’s Decree No. 60/2009/ND-CP,
of July 23, 2009, on sanctioning of administrative violations in the judicial
domain);
p) Writing, disseminating,
circulating documents bringing contents of distortion, fabrication, slander
affecting to prestige of organizations, individuals which, however, is not
serious enough to be examined for penal liability;
q) Storing, transporting “sky lamp”.
4. To serve a fine of 2,000,000 to
5,000,000 VND for one of the following acts:
a) Storing, concealing inside of
body, items or means of transport for knives, hammer of all kinds, other tools
and devices regularly used in labor, living activities everyday aiming to
disrupt public order, deliberately injure to another person;
b) Producing, importing, trading “sky
lamp”.
5. Additional forms of sanctions:
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6. The offenders stated in point e, clause
2 this Article must pay all damages caused by cattles or other animals.
Article 8. Acts
of disturbing the common tranquility
1. To serve a warning or a fine of
100,000 to 200,000 VND for one of the following acts:
a) Causing a big noise or an uproar
during the time from 22 hrs to 5 am;
b) Failing to comply with the
regulations on the tranquility of hospitals, sanatoria or schools and other
places which are prescribed to keep common tranquility.
2. To serve a fine of 300,000 to
500,000 VND for one of the following acts: Using loudspeakers, gongs, drums,
whistles, bugle or other means at a public place for a promotion activity
without permission of the competent agencies.
3. Additional forms of sanctions:
Confiscating material evidences
and/or means for acts specified in clause 2 this Article.
Article 9. Acts
which affect the common sanitation
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a) Failing to comply with the regulations
on the clearance of garbage and draining of gutters within and around dwelling
houses, public offices, enterprises or army barracks thus affecting the common
sanitation;
b) Throwing water or letting water
run out thus affecting the sanitation within apartment buildings, on roads, the
pavements, at the railway and bus stations and on the means of public transport
or at other places;
c) Urinating or defecating in the
streets and other public passages;
d) Letting domestic and other animals
urinate at public places;
e) Collecting or transporting dejecta
by rudimentary means of transport in the towns and cities
and letting it drop on the ground or affecting sanitation.
2. To serve a fine of 100,000 to
300,000 VND for one of the following acts:
a) Transporting dejecta by the motor
transport means in the towns and cities and letting it drop on the ground or
affecting sanitation;
b) Throwing garbage or any other
things into sewage collecting holes or the public drainage system;
c) Throwing garbage, dead animals, or
any other object that affect sanitation at public places or the places of
public fountains, drinking water wells, ponds and lakes regularly used by the
population in their daily life;
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3. To serve a fine of 300,000 to
500,000 VND for act of building latrines at variance with regulations thus
affecting public saniatation.
4. To serve a fine of 500,000 to
1,000,000 VND for one of acts of throwing wastes, filthy substances or other
substances causing stain for houses, offices, business and production places of
other persons.
5. Remedial measures:
a) Forcing to remedy environment
pollution for acts specified in points b, c, d, e clause
1; points a, c, d clause 2 and clause 4 this Article;
b) Forcing to restore the initial
state for acts specified in point b clause 2 and clause 4 this Article;
c) Forcing to dismantle latrines for
acts specified in clause 3 this Article.
Article 10. Acts
which violate regulations on civilized lifestyle
To serve a warning or a fine of
60,000 to 100,000 VND for one of the following acts:
1. Not wearing clothes or wearing
underclothes at places of gathering crowded persons, cultural, religious
locations, working places in State offices or offices of political
organizations, economic organizations and social organizations;
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3. Using rude, obscene and other
uncultured language or gestures at public places.
Article 11. Acts
which violate regulations on the registration and management of residence
1. To serve a fine of 100,000 to
200,000 VND for one of the following acts:
a) Failing to comply with regulations
on registration of permanent and temporary residence;
b) Failing to comply with regulations
on adjustment, supplementation or other changes in household book, temporary
residence registration book;
c) Failing to comply with regulations
on the declaration of temporary absence;
d) Failing to comply with inspection
of household book, temporary residence, staying; or failing to present
household book, temporary residence registration book and other papers relating
to residence at the request for inspection of competent agencies.
2. To serve a fine of 1,000,000 to
2,000,000 VND for one of the following acts:
a) Making erasures or corrections or
falsifying the contents, forms of the household register; temporary residence
registration, other papers relating to residence, supplying untrue information
or documents on residence;
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c) Using the household register;
temporary residence registration, or other papers relating to residence in
order to implement acts at variance with laws;
d) Failing to make a
staying-notification with Police officers in accordance with regulation when
there are persons arriving and staying;
e) Organizing, inciting, enticing,
seducing, broking, forcing other person to violate law on residence;
3. To serve a fine of 2,000,000 to
4,000,000 VND for one of the following acts:
a) Making a false declaration or
faking a dossier, paper in order to be registered in a household register, be
granted household register or temporary residence registration;
b) Faking a household register,
temporary residence registration which, however, is not serious enough to be
examined for penal liability;
c) Using a fake household register or
temporary residence registration;
d) Letting other
person to register in household register, place of residence for seeking
profit;
dd) Letting other person to register
household in a same resident place but failing to ensure the minimum
floor area per capita in accordance with regulation;
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4. Additional forms of sanctions:
Confiscating material evidences
and/or means for acts specified in point a, clause 2; points a, b, c, d clause
3 of this Article.
Article 12. Acts
which violate regulations on the grant, management and use of identification
card and personal papers
1. To serve a warning or a fine of
60,000 to 100,000 VND for one of the following acts:
a) Failing to carry the
identification card, personal papers when traveling;
b) Failing to produce the
identification card, personal papers when requested for inspection;
c) Failing to observe strictly the
regulation on the grant of new ones, re-issuance or change of identification
cards;
d) Failing to observe strictly the
regulation on the withdrawal, custody of identification cards;
2. To serve a fine of 100,000 to
200,000 VND for one of the following acts:
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b) Entering without permit or with an
invalidated permit an area where an entry permit is required.
3. To serve a fine of 500,000 to
1,000,000 VND for one of the following acts:
a) Using identification card of
another person at variance with regulations;
b) Erasing, correcting the
identification card, or personal papers;
c) Hiring, borrowing, leasing or
lending the identification card, or personal papers;
4. To serve a fine of 1,000,000 to
3,000,000 VND for one of the following acts:
a) Making a false declaration or
faking a dossier, supplying untrue information, documents in order to be issued
an identification card or personal papers;
b) Faking an identification card or
personal paper which, however, is not serious enough to be examined for penal
liability;
c) Using fake identification card;
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6. Additional forms of sanctions:
Confiscating material evidences
and/or means for acts specified in points a, b clause 3 and clause 4 of this
Article.
Article 13. Acts
which violate regulations on management of the use of weapons, explosives,
support devices, prohibited firecrackers and dangerous toys
1. To serve a fine of 500,000 to
1,000,000 VND for one of the following acts:
a) Failing to carry out or to carry
out not in time and not fully the regulations on periodical control of weaponsm
explosives and support devices equipped;
b) Violating the regime of
maintenance of weapons, explosives and support devices;
c) Using prohibited dangerous toys;
d) Circulating permits for use of weapons,
explosives, support devices which are no longer valid.
2. To serve a fine of 1,000,000 to
2,000,000 VND for one of the following acts:
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b) Handing weapons, support devices
to persons who have no conditions or criteria to use them;
c) Failing to hand over weapons,
support devices or explosives as prescribed;
d) Failing to fully declare or
register the weapons, explosives and support devices to the competent agency;
e) Using firecrackers without permission.
3. To serve a fine of 2,000,000 to
4,000,000 VND for one of the following acts:
a) Borrowing or lending weapons,
support devices or use permits, purchase permits, repair permits, permits for
transport, bringing of weapons, support devices;
b) Correcting, erasing the use
permits, purchase permits, repair permits, transport permits, permits for
bringing of weapons, support devices;
c) Losing use permits, transport permits, purchase
permits, repair permits, permits for bringing of weapons, support devices;
d) Using weapons, explosives, support
devices at variance with regulation but have not yet caused consequences;
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4. To serve a fine of 4,000,000 to
8,000,000 VND for one of the following acts:
a) Buying, selling, transporting, or
storing rudimentary weapons or support devices in small quantities without
permit or with an invalid permit;
b) Buying, selling kinds of waste
material or substandard goods mixed with weapons, explosives or suppot devices
in small quantities;
c) Violating the regulations on
safety in the transportation of weapons, explosives or support devices;
d) Sawing or dismantling bombs,
mines, shells, hand-grenades, torpedoes and other weapons for illegal
extraction of gunpowder;
dd) llegally producing, storing,
trading in or transporting firecrackers, firecracker powder and dangerous toys
which, however, is not serious enough to be examined for penal liability;
e) Losing weapons, support devices.
5. To serve a fine of 8,000,000 to
12,000,000 VND for one of the following acts:
a) Manufacturing or repairing without
permit rudimentary weapons, support devices and toys on the ban list;
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c) Illegally trading, transporting,
storing sport weapons;
d) Transporting weapons, military
weapon details, explosive accessories, support devices without permit or
without complying with the prescriptions in the permit or with invalidated
permits or without other papers as prescribed by law;
6. To serve a fine of 20,000,000 to
30,000,000 VND for one of the following acts:
a) Illegal manufacturing, designing
or repairing military weapons, sport weapons or hunting rifles;
b) Illegally taking in and out of
Vietnamese territory weapons, hunting rifles, support devices, different kinds
of firecrackers or dangerous toys.
7. Administrative violations in
management of industrial explosives shall be handled in accordance with the
Government’s Decree and other legal documents related to regulation on handling
of administrative violations in management of industrial explosives.
8. Additional forms of sanctions:
a) Confiscating material evidences
and/or means for acts specified in points c, d clause 1; points a, b, c, e
clause 2; points b, d, e clause 3; points a, b, d, dd clause 4; clause 5,
clause 6 of this Article.
b) Depriving the right to use of
permit within 6 months for acts specified in point b clause 2 of this Article;
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Article 14. Acts
which violate regulations on management of a number of business lines with
condition on security and order
1. To serve a fine of 200,000 to
500,000 VND for one of the following acts:
a) Using employees who are not enough
conditions, standard to operate in business facilities with condition on
security and order, or failing to fully implement other regulations on security
and order when operating in business lines with conditions;
b) Failing to present certificate of
eligible on security and order at the request for inspection of competent
agencies;
c) Losing certificate of eligible on
security and order;
d) Failing to periodically report on
security and order of business facility with condition on security and order as
prescribed and guided by the Ministry of Public Security;
dd) Failing to have written
notification on operation time of business facility with condition on security
and order for competent Police agencies;
e) Failing to have written
notification on temporarily stopping the business operation of business
facility with condition on security and order for competent Police agencies;
2. To serve a fine of 2,000,000 to
5,000,000 VND for one of the following acts:
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b) Accepting pledge of property which
must have ownership or registration papers as prescribed, however, without such
papers;
c) Pledging, mortgaging property
without contract as prescribed;
d) Lending, borrowing or transferring
certificate of eligible on security and order;
e) Failing to comply with or
obstructing the security and order inspection of competent police agencies.
3. To serve a fine of 5,000,000 to
15,000,000 VND for one of the following acts:
a) Practicing business with condition
on security and order without certificate of eligible on security and order;
b) Failing to implement conditions on
security and order for facility that operates in business lines with conditions
on security and order;
c) Failing to implement conditions on
security and order, implement improperly requirements on conditions in order to
assure for security and order, or failing to declare temporary residence when
allow foreigners to be hired accommodations, working places;
d) Using business facility with conditions
on security and order in order to organize activities of prostitution, drug
abuse, gambling or other unlawful activities;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) Mortgaging assets which the
possession comes from theft, fraud, appropriation or other violations.
4. Additional forms of sanctions:
a) Depriving the right to use of
permit, practicing certificate within from 3 months to 6 months for acts
specified in point e clause 1; points a, d clause 2; points d, dd clause 3 of
this Article;
b) Depriving the right to use of
permit, practicing certificate within from 6 months to 9 months for acts
specified in point e clause 3 of this Article;
Article 15. Acts
which violate regulations on the management and use of seals
1. To serve a fine of 200,000 to
500,000 VND for act of losing or tearing the certificate of seal specimen
registration.
2. To serve a fine of 1,000,000 to
2,000,000 VND for one of the following acts:
a) Engraving kinds of seal without
permit or other papers as prescribed;
b) Using a seal which has not been
registered for the model copyright deposit or which has not been granted a
certificate of seal specimen registration;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Losing the seal which is being
used;
dd) Failing to re-engraving seal when
having decision of competent authorities on rename of agencies, organizations
or when changing head office of agencies, organizations as prescribed;
e) Failing to re-engraving seal
according to the set specimen;
g) Failing to remit the seal when
agencies, organizations are divided, merged, dissolved, bankrupted, ended
mission, transfered form of ownership or stopped operation;
h) Failing to notify seal specimen to
relevant agencies before using.
3. To serve a fine of 2,000,000 to
5,000,000 VND for one of the following acts:
a) Failing to remit the seal,
certificate of seal specimen registration or failing to remit the seal in set
time limit after a decision has been issued by a competent authority to
retrieve the seal;
b) Affixing the seal to a document or
paper without any contents;
c) Affixing the seal to a document or
paper which are not yet signed by the competent person or which are signed by
an incompetent person;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) Borrowing, lending the seals;
using seals of other agencies or organizations for operation.
4. To serve a fine of 5,000,000 to
10,000,000 VND for one of the following acts:
a) Bringing a seal from abroad for
use in the Socialist Republic of Vietnam without permit or without certificate
of seal specimen registration;
b) Illegally using seals brought from
abroad in Vietnam;
c) Engraving fake seal or using fake
seal which, however, is not serious enough to be examined for penal liability;
5. Additional forms of sanctions:
a) Confiscating material evidences and/or
means for acts specified in points b, dd, d, g clause 2; points a, b, c, e
clause 3; point c clause 4 of this Article;
b) Confiscating material evidences
and/or means, depriving the right to use of permit, practicing certificate
within from 3 months to 6 months for acts specified in point a clause 2 of this
Article.
Article 16. Acts
which violate regulations on the management of safeguarding service business
operation
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failing to wear
signs as prescribed when implement the safeguarding tasks;
b) Not possessing certificate of
guard which is granted by director of enterprise.
2. To serve a fine of 200,000 to
500,000 VND for one of the following acts:
a) Failing to notify on location
placed head office or locality, time of beginning operation of enterprise,
branch, and representative office; failing to periodically report on activities
of safeguarding related to security and order;
b) Losing certificate of eligible on security
and order for the safeguarding service business;
c) Using employees of safeguarding services, who are untrained, have not yet issued certificate of
professional safeguard.
3. To serve a fine of 2,000,000 to
5,000,000 VND for one of the following acts:
a) Conducting business activities
improper with business lines and other services apart from supply of safeguarding service;
b) Failing to notify on bringing
employees to conduct the safeguarding activities outside of scope of provinces
and centrally-run cities where located office of enterprise as indicated in
business registration;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Failing to implement the grant of
certificate of guard or signs for employees agencies in accordance with
regulation;
e) Recruiting employees for safeguarding services does not ensure conditions, standards as prescribed.
4. To serve a fine of 5,000,000 to
10,000,000 VND for one of the following acts:
a) Conducting the safeguarding service business without certificate of eligible on security and order
for supply of safeguarding service;
b) Equipping costume, signs, rank
insignia, hat for employees of safeguarding service at
variance with regulation;
c) Conducting the armed activities,
activities of investigation, and private detectives under all forms;
d) Letting another person to borrow
name of organization, individual in order to establish an enterprise doing
safeguarding service business;
dd) Establishing enterprise doing
safeguarding service business which assigned for another
person to do business;
e) Training, coaching, improving for
employees of safeguarding service without permission, falling beyond
competence;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
h) Hiring the safeguarding service
but requiring employees of safeguarding service to use force or implement acts
violating law, invading lawful rights and interests of individuals,
organizations;
i) Hiring safeguarding service with
purpose of threatening, obstruction or causing difficulties for normal and
lawful activities of individuals, organizations.
5. Additional forms of sanctions:
a) Depriving the right to use of
practicing permit within from 1 month to 3 months for acts specified in point c
clause 2 of this Article;
b) Depriving the right to use of
practicing permit within from 3 months to 6 months for acts specified in point
a clause 3; points a, c, g clause 4 of this Article;
c) Depriving the right to use of
practicing permit for acts specified in point dd clause 4 of this Article;
d) Confiscating material evidences
and/or means for acts specified in point b clause 4 of this Article.
Article 17. Acts
violating regulations on criminal proceedings, the execution of other
administratively-handling measures
1. A fine of 500,000 to 1,000,000 VND
for a violation of the regulations on re-education at the commune, ward or
township or sending into reformatory; sending into educational facilities;
sending into health treatment establishments.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Violating regulations on application
of preventive measures such as: arrest, temporary custody, temporary detention,
bail, ban from leaving the place of residence, pledging money or valued
property to stand security for an offender or acts violating other preventive
measures as prescribed by law;
b) Violating the obligation of a
participant in a court proceeding such as: failing to supply documents and
evidences at the legal request of the agency and the person conducting the
proceedings; failing to carry out the obligations of a witness, translator,
attorney or the person having rights and interests related to the case;
violating the regulations on the maintenance of evidences, the sealing or
inventorizing of properties, or other violations as prescribed by law;
c) Violating regulations on temporary
detention, temporary custody; on the execution of criminal verdicts including:
suspended sentences, house arrest, ban on residence, ban on holding position,
ban on practicing or doing a defined work, depriving a few of citizen rights,
expulsion, reformation without detention, serving prison sentences; on the
execution of fine or confiscating property;
d) Failing to comply with or obstruct
execution of civil, administrative, labor, marriage and family judgments,
decisions of Courts or other violations as prescribed by law.
Article 18. Acts
causing damage to the property of others
1. To serve a fine of 1,000,000 to
2,000,000 VND for one of the following acts:
a) Stealing property which, however,
is not serious enough to be examined for penal liability;
b) Publicly appropriating property of
others, which, however, is not serious enough to be examined for penal
liability;
c) Using deceitful tricks or fleeing
in order to appropriate property of others, which, however, is not serious
enough to be examined for penal liability;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) Hustling others or causing
troubles to others while carrying, transporting or keeping baggages at landing
stages, bus stations, airports, sea ports, railway stations and other public
places.
2. To serve a fine of 2,000,000 to
5,000,000 VND for one of the following acts:
a) Destructing or deliberately
causing damages to property of others, which, however, is not serious enough to
be examined for penal liability;
b) Losing or causing faults, damages
to state property that is assigned in direct management, which, however, is not
serious enough to be examined for penal liability;
c) Using deceitful tricks, creating situation
in order to force others handing money, property, which, however, is not
serious enough to be examined for penal liability;
d) Committing fraud or defrauding in
brokerage of, guidance and introduction on services of purchase and sale of
houses, lands or other property which, however, is not serious enough to be
examined for penal liability;
dd) Buying, selling, storing or using
property of others although clearly knowing that property possessed from
violations, which, however, is not serious enough to be examined for penal
liability;
e) Illegally occupying property of
others, which, however, is not serious enough to be examined for penal
liability;
3. Additional forms of sanctions:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. The offenders as prescribed in
points a, b, c clause 1; points a, b, c, d, e clause 2 of this Article must pay
all damages caused by their administration violations.
Article 19. Acts causing
damage to public works and security and order works
1. To servce a fine of 500,000 VND to
1,000,000 VND for one of the acts of moving or dismantling without
authorization or any other acts that damage the warning signs, direction signs,
name signs of agencies, organizations.
2. To servce a fine of 1,000,000 VND
to 1,000,000 VND for one of the acts of moving or dismantling without
authorization or any other acts that damage the warning signs, direction signs,
name signs of agencies, organizations.
3. To serve a fine of 5,000,000 to
10,000,000 VND for act violating regulation on the security and order works
protection.
4. Additional forms of sanctions:
Confiscating material evidences
and/or means for acts specified in clause 1, clause 2 and clause 3 of this
Article.
5. Remedial measures:
Forcing to restore the initial state
for acts specified in clause 1, clause 2 and clause 3 of this Article;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A warning or a fine of 100,000 to
200,000 VND for act of foreigner which travelling in Vietnam’s territory
without carrying passport or other paper with passport replacement value;
failing to present passport or other paper with passport replacement value when
competent persons request for inspection.
2. To serve a fine of 500,000 to
2,000,000 VND for one of the following acts:
a) Losing, corrupting passport or
paper with passport replacement value, Vietnamese visa, temporary or permanent
residence card but failing to immediately report to competent agencies;
b) Erasing, deleting, repariring or
falsifying forms, contents indicated in passport or paper with passport
replacement value, visa, temporary or permanent residence card;
c) Making untrue declaration in order
to be granted passport or paper with passport replacement value, Vietnamese
visa, temporary or permanent residence card, using passport or paper with
passport replacement value which is no longer value for entry, exit;
d) Foreigners entering the prohibited
areas, or entering without permit areas that state required permit or traveling
beyond the allowed territorial or time limit;
dd) Failing to present passport or
paper with passport replacement value or papers related to exit and entry when
requested by the Vietnamese authorities; failing to comply with other requests
of the authorities concerning body and baggage checks as prescribed by law;
e) Foreigners who enter Vietnam
without declaring temporary residence as prescribed or use a certificate of temporary
residence, a temporary or permanent residence card in Vietnam which has expired
for 15 days or fewer without permission from the competent agency;
g) Facility which lets foreigners
staying overnight but fails to forward content of declaration of temporary
residence, fails to guide foreigners in declaration of temporary residence as
prescribed or implement improper other regulations of the competent agency.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Conducting entry, exit, transit
without passport, visa or paper with passport replacement value and visa as
prescribed;
b) Crossing
national border but failing to do procedures for exit,
entry as prescribed;
c) Hiding or
organizing, helping another person to hide in a means of entry or exit
with the aim of entering Vietnam or leaving for abroad;
d) Letting another person using
passport, paper with passport replacement value;
dd) Using passport, paper with
passport replacement value of another person in order to conduct entry, exit or
transit;
e) Foreigners who enter Vietnam
without declaring temporary residence as prescribed or use a certificate of
temporary residence, a temporary or permanent residence card in Vietnam which
has expired for more than 16 days without permission from the competent agency;
g) Foreigners who have been issued
permanent residence card, fail to declare for re-issuance when changing
address.
4. To serve a fine of 5,000,000 to
10,000,000 VND for one of the following acts:
a) Owners or controllers of means
transporting persons who illegally conduct entry, exit in Vietnam;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. To serve a fine of 10,000,000 to
20,000,000 VND for one of the following acts:
a) Helping, concealing, hiding,
facilitating for another person to iilegally go abroad, stay in foreign countries,
enter Vietnam, stay in Vietnam or cross national border;
b) Foreigners who conduct entry,
practice or conduct other activities in Vietnam without permission of Vietnam
competent agencies as prescribed by law;
c) Individuals, organizations in Vietnam
who stand security for or who do the procedures for foreigners to enter
Vietnam, apply for visa, issuance of temporary residence card, extension of
temporary residence but do not implement properly with responsibilities as
prescribed by law or declare improper with truth when stand security, invite or
do the procedures for foreigners to enter Vietnam, apply for visa, issuance of
temporary residence card, extension of temporary residence;
6. To serve a fine of 20,000,000 to
30,000,000 VND for one of the following acts:
a) Making fake dossiers, papers in
order to be issued passport or paper with passport replacement value, visa,
temporary residence card, permanent residence card;
b) forging passport or other paper
with passport replacement value, visa, temporary residence card, permanent
residence card or the verifying seal;
c) Seeking shelter in a foreign
embassy or consulate or the office of an international agency or organization
based in Vietnam;
d) Foreigners reside in Vietnam without
permission of the competent agencies;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
7. Additional forms of sanctions:
Confiscating passport, paper with
passport replacement value, material evidences and/or means for acts specified
in clauses 1, 2, 3, 4, 5 and clause 6 of this Article.
Article 21. Acts
which violate regulations on the prevention, fight and control of narcotics
1. To serve a fine of 500,000 to
1,000,000 VND for acts of smoking, injecting or inhaling or any other forms of
illegal use of narcotics.
2. To serve a fine of 1,000,000 to
2,000,000 VND for one of the following acts:
a) Illegally storing, transporting or
appropriating narcotics which, however, is not serious enough to be examined
for penal liability;
b) Storing, transporting, trading or
appropriating precursor substances used in illegal production of narcotics
which, however, is not serious enough to be examined for penal liability;
3. To serve a fine of 2,000,000 to
5,000,000 VND for one of the following acts:
a) The owners or liable persons in
management of restaurants, hotels, inns, motels, clubs, means of transport and
other places, because of weaknesses, lack of liability, let another person
misusing to use narcotics in areas or means of transport managed by them;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. To serve a fine of 5,000,000 to
10,000,000 VND for one of the following acts which, however, is not serious
enough to be examined for penal liability:
a) Producing, buying or selling
instruments for the injection, smoking or other forms of using narcotics;
b) Providing the place and means for
others to smoke, inject or use narcotics in other forms;
c) Acting as intermediary, helping,
facilitating or in other forms for others to inject, smoke, use narcotics in
any forms;
d) Giving recipes and supplying
medicaments or buying and selling narcotic-containing medicaments at variance
with prescriptions;
e) Delivering without authorization
narcotic-containing medicaments and psychotropic substances for keeping or use
to others.
5. To serve a fine of 20,000,000 to
30,000,000 VND for one of the following acts which, however, is not serious
enough to be examined for penal liability:
a) Violating the regulations on the
procedures for the export, import, temporary import for re-export and transit
transportation of narcotic-containing substances, drugs causing addiction,
psychotropic drugs
and
narcotic
precursors;
b) Violating the regulations on
study, appraisal, production, preservation of narcotics, drugs causing
addiction, psychotropic drugs and narcotic precursors;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Violating the regulations on
distribution, trading, use, exchange of narcotics, drugs causing addiction,
psychotropic drugs and narcotic precursors;
e) Violating the regulations on
management, control, storing of narcotics, drugs causing addiction,
psychotropic drugs and narcotic precursors at border-gate areas, border
areas,on sea;
6. Additional forms of sanctions:
a) Confiscating material evidences
and/or means for acts specified in clauses 1, 2, 3, 4 and clause 5 of this
Article.
b) Depriving the right to use of
permit, practicing certificate within from 3 months to 6 months for acts
specified in point a clause 2; point d clause 3; clause 4 of this Article;
Article 22. Acts of
prostitution and related to prostitution operation
1. To serve a fine of 100,000 to
200,000 VND for act of sexual abuse.
2. To serve a fine of 500,000 to
1,500,000 VND for act of providing the place for prostitution operation which,
however, is not serious enough to be examined for penal liability.
3. To serve a fine of 2,000,000 to
5,000,000 VND for one of the following acts which, however, is not serious
enough to be examined for penal liability:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Sheltering and guarding activities
buying, selling sex.
4. To serve a fine of 5,000,000 to
10,000,000 VND for one of the following acts which, however, is not serious
enough to be examined for penal liability:
a) Repeatedly violated in the buying,
selling sex or hiding, guarding acts of buying, selling sex;
b) Using tricks of coercion and
threat to ask for money and expropriate property of the sex buyers and sellers.
5. Other violations on prevention and
fighting against prostitution shall be handled in according to the Government’s
Decrees and legal documents relating to regulation on handling of
administrative violations in prevention and fighting against prostitution.
6. Additional forms of sanctions:
Confiscating all money from
administrative violations for acts specified in clause 1, 2, 3 and clause 4 of
this Article.
Article 23. Acts
of illegal gambling
1. To serve a fine of 200,000 to
500,000 VND for the act of buying gambling numbers and/or whole lot of gambling numbers based on the State lottery which, however, is not serious
enough to be examined for penal liability.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Illegal gambling in any form:
fan-tan, rummy, and all types of card games, presetting a disposition in an
oriental chess game or betting in cash or in kind;
b) Illegally gambling on machine,
electronic game;
c) Placing bets in cash or in other
forms in sports games, entertainment and other activities;
d) Selling lucky-number verses or
gambling numbers and/or whole lot of gambling numbers based on the State
lottery.
3. To serve a fine of 2,000,000 to
5,000,000 VND for one of the following acts:
a) Taking deposits, mortgages and
providing loans at casinos and other gambling places;
b) Illegally providing guard at
casinos and other gambling places or covering up gambling activities;
c) Writing gambling-number verses.
4. To serve a fine of 5,000,000 to 10,000,000
VND for one of fllowing acts operating gambling which, however, is not serious
enough to be examined for penal liability:
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b) Using one's own house or other
places to host or accommodate gambling;
c) Illegally installing gambling
machines or electronic games;
d) Illegally organizing acts of
betting for money.
5. To serve a fine of 10,000,000 to
20,000,000 VND for one of fllowing acts operating number drawings for gambling based
on State lottery which, however, is not serious enough to be
examined for penal liability:
a) Hosting number, lot of numbers
gambling based on State lottery;
b) Organizing production and
distribution of number sheets, other publications for gambling number or lot of
numbers based on State lottery;
c) Organizing networks for selling
gambling number or lot of numbers based on State lottery;
d) Organizing types of betting for
gambling in cash or in other forms in sports games, entertainment and other
activities;
6. Additional forms of sanctions:
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Article 24. Acts
which violate regulations on selling and use of alcohol and beer
1. To serve a warning or a fine of
60,000 to 100,000 VND for act of getting drunk at the office or working place,
in hotels, restaurants and other eating places, on means of transport and
public places.
2. To serve a fine of 200,000 to
500,000 VND for one of the following acts:
a) Persuading, forcing, creating
condition for children under 16 years old to drink alcohol, beer;
b) The owners of hotels, restaurants
and other eating places who sell kinds of alcohol, potable water or other
stimulants having an alcoholic volume of 14 degrees upward for minors; selling
alcohol, beer for children under 16 years old;
c) Selling alcohol, beer, or other
stimulants having an alcoholic volume of 14 degrees upward at general education
schools;
d) Drinking alcohol, beer in general
education schools.
3. Other violations on alcohol
production and business shall be handled in according to the Government’s
Decrees and legal documents relating to regulation on handling of
administrative violations in domain of alcohol production and business.
4. Additional forms of sanctions:
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Article 25. Acts which violate
regulations on protection of State secret
1. To serve a fine of 500,000 to
2,000,000 VND for one of the following acts:
a) Failing to affix seal of secret
level for documents in scope of state secret as prescribed, or affixing seal of
secret level on documents not belong to scope of state secret;
b) Preparing, printing, copying
documents classified as top secrets, very confidential or confidential at
variance with prescriptions;
c) Popularizing, studying information
in scope of state secret at variance with prescriptions;
d) Failing to carry out the
regulations on the transportation, delivery and receipt of objects bringing
State secret;
dd) Failing to carry out the
regulations on the inventorying, keeping and maintaining State confidential
documents;
e) Failing to number, giving a code
number, a code name or a code sign and failing to organize the full
implementation of the regime of management and protection as prescribed with
regard to the items already classified as State secrets;
g) Failing to carry out the
regulations on publicity, popularization, circulation, learning, use of list of
state secret;
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i) Entering the prohibited areas, the places for the maintenance and keeping, carrying out
activities with content in state secret scope without authorization;
k) Shooting films, taking photographs
or drawing plans of a prohibited area.
2. To serve a fine of 2,000,000 to
5,000,000 VND for one of the following acts:
a) Providing information in state
secret scope for foreign and domestic agencies, organizations, citizens at
variance with prescriptions;
b) Carrying documents, objects in state
secret scope abroad without permission of the competent agencies;
c) Failing to make list of state
secrets in accordance with prescriptions.
3. Additional forms of sanctions:
Confiscating material evidences
and/or means for acts specified in point k clause 1 and point b clause 2 of
this Article.
4. Remedial measures:
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b) Forcing to restore the initial
state for acts specified in points a, d, dd, e, g, h clause 1 and point c
clause 2 this Article;
Article 26. Acts
of bribing persons on the duty
1. To serve a fine of 500,000 to
2,000,000 VND for the act of handing money, property or other material benefits
for persons on the duty in order to dodge the handling of administrative
violations, which, however, is not serious enough to be examined for penal
liability.
2. Additional forms of sanctions:
Confiscating all amounts, property or
other materials used to bribe persons on the duty for act specified in clause 1
of this Article.
Article 27.
Sanction for expulsion
Foreigners who commit administrative
violations specified in point o clause 3 Article 7 and Articles 14, 15, 18, 19,
20, 21, 22, 23 of this Decree, depend on seriousness of violations, may be applied
form of sanction for expulsion out of the Socialist Republic of Vietnam.
Chapter 3.
COMPETENCE OF
SANCTIONING ADMINISTRATIVE VIOLATIONS
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1. Members of People’s Police on
duty have the right:
a) To serve a warning;
b) To fine up to 200,000 VND.
2. The station head or head of group
of the competent person defined at clause 1 of this Article has the right:
a) To serve a warning;
b) To fine up to 500,000 VND.
3. The Chief of the commune-level
Police has the right:
a) To serve a warning;
b) To fine up to 2,000,000 VND.
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d) To force to restore the initial
state altered due to the administrative violations;
dd) To force application of measures
to overcome the environmental pollution, epidemic spreads, caused by the
administrative violations;
e) Force to destruct articles which
cause harms to human health, domestic animals and cultivated plants, and
harmful cultural products.
4. The Chief of the district-level
Police has the right:
a) To serve a warning;
b) To fine up to 10,000,000 VND.
b) To strip off
the right to use permits, practicing certificates under his jurisdiction;
d) To confiscate material evidences
and/or means used to commit administrative violations.
dd) To force to restore the initial
state altered due to the administrative violations or force to dismantle
illegally constructed works;
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g) To force to destruct articles
which cause harms to human health, domestic animals, cultivated plants, and
harmful cultural products.
5. The Chief of Police Section for
the administrative management of social order, the Chief of the Police Section
for order (including Order Police, Quick Response Police, Police 113), the
Chief of the Police Section for investigation of crimes on social order, the
Chief of the Police Section for investigation of crimes on narcotic, the Chief
of the Police Section for road and railway traffic, the Chief of the Police
Section for waterway, the Chief of the Police Section for Prevention and Fight
against Fires and salvage - rescue, the Chief of the Police Section for
protection and mobility, the Chief of the Police Section for Prevention and
Fight against environmental crimes, the Chief of the Section for Exists and
Entries, the Heads of the Mobile Police Units from company level upward, the
Head of the Police station at a border gate, export processing zone, the Head
of the Police Station have the right:
a) To serve a warning;
b) To fine up to 10,000,000 VND;
c) To strip off the right to use permits,
practicing certificates under their jurisdiction;
d) To confiscate material evidences
and/or means used to commit administrative violations.
dd) To apply remedial measures
specified in points dd, e, g clause 4 of this Article.
6. Directors of provincial Police,
Directors of provincial Fire department have rights:
a) To serve a warning;
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c) To strip off the right to use
permits, practicing certificates under their jurisdiction;
d) To confiscate material evidences
and/or means used to commit administrative violations.
dd) To apply remedial measures
specified in points dd, e, g clause 4 of this Article.
e) Directors of provincial Police
have right to decide application of form of sanction for expulsion under
decentralization of the Minister of Public Security.
7. The Heads of Police Department for
Administrative Management of Social Order, The Heads of Police Department for
Investigating Crimes on Social Order, The Heads of Police Department for Investigating
Crimes on economic administration order and position, The Heads of Police
Department for road-railway traffic, The Heads of Police Department for
waterway, the Head of the Police Department for Prevention and Fight against
Fires and salvage - rescue, the Head of the Police Department for guarding, the
Head of the Police Department for Prevention and Fight against crimes using
high technology, the Head of the Police Department for Prevention and Fight
against environmental crimes have the right:
a) To serve a warning;
b) To fine up to the maximum
specified in this Decree;
c) To strip off the right to use
permits, practicing certificates under their jurisdiction;
d) To confiscate material evidences
and/or means used to commit administrative violations.
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8. The Minister of Public Security
decides application of form of sanction for expulsion.
9. Director of Exit and Entry
Management Department has competence to sanction as prescribed in clause 7 this
Article and has right to decide application of form of sanction for expulsion
under decentralization of the Minister of Public Security.
Article 29.
Competence of sanctioning administrative violations of the Chairperson of the
People’s Committee at all levels
1. The Chairpersons of communal People’s Committee have rights:
a) To serve a warning;
b) To fine up to 2,000,000 VND;
c) To confiscate material evidences
and/or means used to commit administrative violations with value of up to
2,000,000 VND;
d) To force to restore the initial
state altered due to the administrative violations;
dd) To force application of measures
to overcome the environmental pollution, epidemic spreads, caused by the
administrative violations;
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2. The Chairpersons of district People’s Committee have rights:
a) To serve a warning;
b) To fine up to 30,000,000 VND;
c) To strip off the right to use
permits, practicing certificates under their jurisdiction;
d) To confiscate material evidences
and/or means used to commit administrative violations.
dd) To force to restore the initial
state altered due to the administrative violations or force to dismantle
illegally constructed works;
e) To force application of measures
to overcome the environmental pollution, epidemic spreads, caused by the
administrative violations;
g) To force to destruct articles
which cause harms to human health, domestic animals, cultivated plants, and
harmful cultural products.
3. The Chairpersons of district
People’s Committee have rights:
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b) To fine up to the maximum
specified in this Decree;
c) To strip off the right to use permits,
practicing certificates under their jurisdiction;
d) To confiscate material evidences
and/or means used to commit administrative violations.
dd) To force to restore the initial
state altered due to the administrative violations or force to dismantle
illegally constructed works;
e) To force application of measures
to overcome the environmental pollution, epidemic spreads, caused by the
administrative violations;
g) To force bringing out of the
Vietnamese territory or force re-exports of goods, articles and means;
f) To force to destruct articles
which cause harms to human health, domestic animals, cultivated plants, and
harmful cultural products.
Article 30.
Competence of sanctioning administrative violations of other agencies
Apart from of the persons competent
to handling stipulated in Article 28, Article 29 of this Decree, while
implementing functions, tasks under the domain and occur in the territory under
management, if the persons having the competence to impose sanctions as
stipulated in the 2002 Ordinance on the Handling of Administrative Violations
and the 2008 Ordinance amending and supplementing a number of articles of the
Ordinance on the Handling of Administrative Violations detect administrative
violations defined in this Decree, they may impose sanctions as prescribed by
law.
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The persons competent to impose
sanctions against administrative violations specified in clauses 2, 3, 4, 5, 6,
7 and clause 9 of article 28; article 29 of this Decree may delegated for their
deputies to implement the authority to impose sanctions against administrative
violations. The delegation must be implemented in writing. The delegated
deputies must take responsibility for their decisions on sanction against
administrative violations with their heads and before law.
Article 32. Principles for
defining the authority to impose sanctions against administrative sanctions
1. The authority to impose sanctions
against administrative violations as prescribed in this Decree is the authority
applying to one administrative violation. In cases of sanction by fine, the
authority to impose sanctions is defined base on the
maximum level of the fine bracket provided for each specific violation, if an
administrative violation belongs to the authority to impose sanctions of
several competent persons, the sanction shall be implemented by the person, who
first handles the case.
2. In case of sanctioning a person
who has committed many acts of administrative violation, the authority to
impose sanctions is defined under the folowing principle:
a) If the form, level of sanction
provided for each act belong to the competence of the sanctioning person, the
sanction competence still belong that person;
a) If the form, level of punishment
provided for one of acts exceeding the competence of the sanctioning person, he
shall transfer the violation case to the competent authority for sanction;
3. If the persons competent to impose
sanctions of People's Police, while handling individuals, organizations who
conduct violations on security, order under this Decree, detect such
individuals, organizations have conducted administrative violations prescribed
in other Government's Decrees, they will have right to administratively
sanction against such acts.
Chapter 4.
ORDER OF AND
PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATIONS
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1. When detecting administrative
violations in domain of security and order, the persons competent to impose
sanctions must issue an order to suspend immediately acts of violation.
2. Order of sanctioning
administrative violations is implemented as follows:
a) For administrative violations in
which forms of sanctions are warning or fine of up to 200,000 VND, the persons
competent to impose sanctions shall issue decisions on on-the-spot sanction
under simple procedure specified in Article 54 amended and supplemented of the 2008
Ordinance on amending and supplementing a number of articles of
the Ordinance on handling of administrative violations;
b) For administrative violations in
which forms of sanctions are fine of over 200,000 VND, the persons competent to
impose sanctions must make a record on administrative violation as prescribed
in Article 55 amended and supplemented of the 2008 Ordinance on amending and
supplementing a number of articles of the Ordinance on handling of
administrative violations and issue decisions on sanction as prescribed in
Article 56 of the 2002 Ordinance on handling of administrative violations, if
the violation exceeding the authority to impose sanctions of the person making
record, such person must send the record to the persons competent to impose
sanctions for issuance of decision on sanction in accordance with regulation.
3. When sanction with fine, the
specific fine applied to an administrative violation is the average level of
the fine bracket prescribed for such act; for a violation involving an
extenuating circumstance, the applicable fine level may be lower but must not
be lower than the minimum level of the fine bracket; for a violation involving
an aggravating circumstance, the applicable fine level may be higher but must
not be higher than the maximum level of the fine bracket.
4. The minors conducting acts of
administrative violation, from 16 years old to under 18 years old, if sanction
of administrative violation applied to them is sanction by fine, the applicable
fine level is not permitted to exceed half of fine level applied to adults, if
they have no money for payment of fine, their parents or guardian must paid
instead.
Article 34.
Application of measures to prevent administrative violations and assurance for
sanctions against administrative violations in the domain of security and order
In case it is neccessary to prevent
immediately acts of administrative violation or in order to assure sanction of
administrative violations when sanction administrative violations in the domain
of security and order, the following measures are applied: custody of involved
persons; custody of material evidences and/or means of the administrative
violations; body search; inspection of transport means and objects; search of
places where material evidences and/or means of administrative violations are
hidden as prescribed on the 2002 Ordinance on handling administrative
violations and the 2008 Ordinance amending and supplementing a number of
articles of Ordinance on handling administrative violations.
Article 35.
Collection and payment of fines from administrative violations
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At remote areas, on river, on sea,
areas where the travelling is difficult or not in the working time,
individuals, organizations sanctioned may pay fines for the person competent to
sanction. The person competent to sanction shall collect fines on the spot and
remit in State Treasuries as prescribed in clause 3 Article 57 of the 2002
Ordinance on handling of administrative violations. The sanctioned person has
right to refuse payment of fines if there is no receipts for collection of
fines.
Article 36.
Management and used of fines from administrative violations
1. The amounts collected from sanctions
against administrative violations in domain of security and order must be
remitted in the State budget through accounts opened at State Treasuries and be
deducted 30% for agencies competent to sanction against administrative
violations in order to use in the following purpose:
a) Management, handling of material
evidences and/or means confiscated in state fund due to administrative
violations.
b) Expenditures for investigation,
verification, custody;
c) Expenditures for buying news (if
any)
d) Expenditures for allowances due to
overtime working;
dd) Expenditures for rewarding groups
or individuals who have outstanding
achievements in sanction agianst administrative violations in the
domain of security and order;
e) Procurement of equipment in service
for detecting and handling of violations, printing forms used in sanctions
against administrative
violations and other expenditures directly involved with sanction
against administrative
violations.
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Article 37.
Execution of decisions on sanction against administrative sanctions
1. Individuals, organizations that
are sanctioned administrative violations in domain of security and order, must
execute decisions on sanction within 10 days, after being given such decisions.
Passing the above time limit, if individuals, organizations that are sanctioned
fail to execute voluntarily decisions on sanction, they may be forced for the
implementation as prescribed by law.
2. Individuals who are sanctioned
with fine of 500,000 VND or more may be delayed execution of decision on fine
as prescribed in Article 65 of the 2002 Ordinance on handling of administrative
violations.
3. When consider it is necessary, the
persons competent to impose sanctions or agencies carrying out sanction for
individuals, organizations that have acts of administrative violations in
domain of security and order have right to notify publicly on acts of
administrative violation, decisions on sanction to agencies, organizations, or
local authorities where offenders are working or resident.
Article 38. Stripping
off the right to use permits, professional practice certificates
Stripping off the right to use
permits, professional practice certificates is implemented for only violations
specified in this Decree, other the Government's Decrees on handling of administrative
violations related to security and order, and it muts comply with provisions of
the 2002 Ordinance on handling of administrative violations and the 2008
Ordinance on amending and supplementing a number of articles of Ordinance on
handling of administrative violations.
Article 39.
Handling of material evidences, means of administrative sanctions
1. Procedures for confiscating
material evidences, means of administrative violations in domain of security and
order are complied with Article 60 of the 2002 Ordinance on handling of
administrative violations.
2. For material evidences, means of
administrative violations must be confiscated as prescribed; material
evidences, means of administrative violations that are harmful cultural
products, useless counterfeits, articles causing damages to human health,
domestic animals, plants forced destructing or material evidences of
administrative violations that are easy to be spoiled, persons competent to
confiscation shall handle as prescribed in clause 1, 2, 3 Article 61 amended
and supplemented of the 2008 Ordinance on amending and supplementing a number
of articles of Ordinance on handling of administrative violations.
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4. For material evidences, means of
individuals, organizations that are illegally appropriated, used, depend on
nature, seriousness of administrative violations, it may be considered to
return for the lawful owners, managers or users.
5. Expenditures for warehouses, charges
for grounds, charges for preservation of material evidences,
means of administrative violations and other expenditures in conformity with
laws are deducted in amounts collected from buying material evidences, means of
administrative violations.
Not collecting charges for warehouse,
grounds, preservation during material evidences, means is in custody in case
the owner of material evidences, means have no fault in administrative
violations or not applying measure of confiscation for material evidences,
means.
6. Persons who have material
evidences, means of administrative violations in custody, must pay expenditures
for warehouses, charges for grounds, charges for preservation of material
evidences, means of violations and other expenditures as prescribed by law in
during material evidences, means is in custody according to time limit
specified in clause 5 Article 46 amended and supplemented of the 2008 Ordinance
on amending and supplementing a number of articles of Ordinance on handling of
administrative violations.
In case where the person who has
material evidences, means of administrative violations, has been notified to
come for receipt of material evidences, means in custody, however, fail to come
for receipt properly with time limit as notified, he must pay expenditures for
warehouses, charges for grounds, charges for preservation of material
evidences, means of violations and other expenditures for time exceeding time
limit as notified, after ending time limit in notification, if the person who
has material evidences, means, fail to come for receipt, such material
evidences, means shall be handled as prescribed in clause 3 of this Article.
Article 40.
Transferring dossiers of violation cases which show criminal signs for penal
liability examination
When considering to decide on
sanctioning of violation cases, if realizing that the violation acts show
criminal signs or where sanctioning decisions have been issued, but later the
violation acts are detected to bear criminal signs while the statute of
limitation for penal liability examination has not yet expired, the dossiers
must be transfered to the competent criminal procedure-conducting agencies in
accrodance with article 62 of the 2002 Ordinance on Handling administrative
violations.
Chapter 5.
COMPLAINTS,
DENUNCIATIONS, COMMENDATION AND HANDLING OF VIOLATIONS
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1. Individuals and organizations sanctioned
for administrative violations in domain of security and order or their lawful
representatives are entitled to complain about decisions on sanctioning of
administrative violations, decisions on application of measures to prevent, and
secure the handling of administrative violations of competent persons.
All individuals, organizations are
entitled to denounce illegal acts in handling administrative violations in
domain of security and order to state competent agencies.
2. The complaints, denunciations and
settlment of complaints and denunciations shall comply with provisions of Law
on complaints and denunciations.
3. The institution of cases according
to administrative procedures against decisions on sanctioning administrative
violations or decisions on the application of measures to prevent, and secure
the handling of administrative violations in domain of security and order shall
comply with the law provisions on procedures to settle administrative cases.
Article 42.
Commendation
Individuals and organizations that
record achievements in the provision of information, detecting, preventing and
handling administrative violations in domain of security and order shall be
commended and/or rewarded timely as prescribed by law.
Article 43.
Handling of violations
1. Persons who are competent to
sanction administrative violations in domain of security and order but abuse
powers, harass for bribes, tolerate, cover up, decline to handle or handle not
in time or improperly, handle ultra vires, shall, depending on the nature and
seriousness of their violations, be disciplined or examined for penal
liability; if causing damages for state, citizens, organizations, they must pay
compensations therefor according to law provisions.
2. Individuals, organizations that have
acts of administrative violations specified in this Decree, if fail to
voluntarily execute decisions on saction, shall be forced for execution; if
commit acts of obstructuring, resisting the official-duty performers, or use
fraud tricks, corrupt for delaying or shirking the inspection, control or
sanctioning violations of competent persons, shall, depending on the nature and
seriousness of their violations, be handled for administrative violations or
examined for penal liability; if causing damage, they must pay compensations
therefor according to law provisions.
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IMPLEMENTATION
PROVISIONS
Article 44.
Effect
This Decree takes effect on September
01, 2010 and replaces the Government’s Decree No. 150/2005/ND-CP, of December
12, 2005, regulating on sanctions against administrative violations in the
domain of security, order and social safety.
Article 45.
Responsibility for implementation
1. The Minister of Public Security
shall organize, urge, inspect the implementation of this Decree; promulgate the
set forms in order to unify in use when sanction administrative violations in
domain of security and order.
2. The ministers, the heads of the
ministerial-level agencies, the heads of the Government-attached agencies, the
presidents of the provincial/municipal People’s Committees and relevant
organizations, individuals are responsible for the implementation of this
Decree.
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