Decree 106/2025/ND-CP sanctioning of administrative violations of fire prevention and fighting

DECREE

Providing for sanctioning of administrative violations in the field of fire prevention and fighting, and rescue and salvage

Pursuant to the Law on Organization of the Government dated February 18, 2025;

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012, and the Law Amending and Supplementing a Number of Articles of the Law on Handling of Administrative Violations dated November 13, 2020;

Pursuant to the Law on Fire Prevention and Fighting, Rescue and Salvage dated November 29, 2024;

At the proposal of the Minister of Public Security;

The Government hereby promulgates the Decree providing for sanctioning of administrative violations in the field of fire prevention and fighting, rescue and salvage.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides for the sanctioning of administrative violations in the field of fire prevention and fighting, and rescue and salvage, including: administrative violations, sanctions, sanctioning levels, remedial measures for each administrative violation, competence to make minutes of administrative violations, sanctioning competence of and specific fines which can be imposed by each post holder for administrative violations in the field of fire prevention and fighting, and rescue and salvage.

2. Administrative violations in other state management sectors related to the field of fire prevention and fighting, and rescue and salvage that are not specified in this Decree shall be sanctioned under the Government’s Decrees on sanctioning of administrative violations in the respective sectors.

3. Administrative violations related to forest fire prevention and fighting shall be handled in accordance with the Government’s Decree on sanctioning of administrative violations in the forestry sector. In case such violations are not specified in that Decree, they shall be handled in accordance with this Decree.

Article 2. Subjects of application

1. Vietnamese individuals and organizations; foreign individuals and organizations that commit administrative violations in the field of fire prevention and fighting, and rescue and salvage within the territory, internal waters, territorial sea, contiguous zone, exclusive economic zone, and continental shelf of the Socialist Republic of Vietnam; or on aircraft bearing the Vietnamese nationality, or sea-going ships flying the Vietnamese flag, unless otherwise provided by international treaties to which the Socialist Republic of Vietnam is a contracting party.

2. The organizations specified in Clause 1 of this Article include:

a) Economic organizations established under the Law on Enterprises, including: private enterprises, joint-stock companies, limited liability companies, partnerships, and dependent units of enterprises;

b) Economic organizations established under the Law on Cooperatives, including: cooperatives, unions of cooperatives, cooperative groups, and dependent units of cooperatives;

c) Organizations established under the Law on Investment, including: domestic investors, foreign investors (excluding individuals), and foreign-invested economic organizations;

d) Organizations established under the Law on Commerce;

dd) Political organizations, socio-political organizations, social organizations, socio-professional organizations;

e) State agencies;

g) Non-business units;

h) Apartment building management boards operating under the management board model and having legal person status;

i) Organizations directly assigned to manage establishments under the Law on Fire Prevention and Fighting, and Rescue and Salvage;

k) Other organizations established in accordance with law.

3. Persons competent to make minutes of administrative violations, competence to sanction administrative violations, and related organizations and individuals involved in the sanctioning of administrative violations in the field of fire prevention and fighting, and rescue and salvage are prescribed in this Decree.

Article 3. Sanctions against administrative violations and remedial measures

1. Principal sanctions against administrative violations in the field of fire prevention and fighting, and rescue and salvage include:

a) Caution;

b) Fine.

2. Additional sanctions against administrative violations in the field of fire prevention and fighting, and rescue and salvage include:

a) Suspension of operation for a definite term;

b) Confiscation of material evidence of administrative violation;

c) Deprivation of the right to use permits in the form of design appraisal documents on fire prevention and fighting, and documents approving fire prevention and fighting acceptance testing results, for a period of between 06 months and 12 months.

3. Remedial measures in the field of fire prevention and fighting, and rescue and salvage include:

a) Remedial measures specified at Point a, Clause 1, Article 28 of the Law on Handling of Administrative Violations;

b) Other remedial measures specifically provided for in this Decree.

4. Procedures for implementing the remedial measure of forcible return of permits of which information has been removed or falsified:

a) The decision-makers and the violators who must forcibly return permits with removed or falsified information shall comply with the provisions of Clauses 1, 2, 3 and 4, Article 85 of the Law on Handling of Administrative Violations;

b) The makers of decisions on enforcement of remedial measures specified at Point a of this Clause must notify in writing the competent authorities or persons that have issued such permits.

5. The agency or person competent to impose administrative sanctions shall revoke the right to use permits in the form of electronic documents previously issued in the electronic environment for violations in the field of fire prevention and fighting, and rescue and salvage as prescribed in Clause 6, Article 15 of this Decree in the electronic environment. The revocation of the right to use the design appraisal document on fire prevention and fighting and the document approving the acceptance result of fire prevention and fighting shall be updated on the database system on fire prevention and fighting and rescue and salvage developed and managed by the Ministry of Public Security, and other electronic information applications as prescribed.

Article 4. Specific fines in the field of fire prevention and fighting, and rescue and salvage

1. The maximum fine imposed for violations against regulations on fire prevention and fighting and rescue and salvage is VND 50,000,000 if the violators are individuals. For organizations committing the same violations, the fine shall be 2 times higher than that applicable to individuals.

2. The fines prescribed in Chapter II of this Decree are those applicable to one administrative violation committed by an individual.

3. Households, household businesses, and residential communities that commit violations against regulations of this Decree shall be subject to the fines applicable to individuals committing administrative violations.

Article 5. Statute of limitations for sanctioning administrative violations

1. The statute of limitations for sanctioning administrative violations against regulations on fire prevention and fighting, and rescue and salvage is 01 year.

2. The duration for using results collected via technical and professional means and equipment by agencies, persons competent to impose administrative sanctions, individuals, and organizations assigned to manage such means and equipment shall be counted from the time the professional technical means and equipment record such results until the end of the last day of the statute of limitations for sanctioning administrative violations as prescribed in Clause 1, Article 6 of the Law on Handling of Administrative Violations.

Upon expiration of the above duration, if the persons competent to impose administrative sanctions fail to issue a sanctioning decision within their competence, the results collected via technical and professional means and equipment shall no longer be valid for use.

3. The statute of limitations for sanctioning an administrative violation is counted as follows:

a) For a completed administrative violation, the statute of limitations is counted from the time when the violation stops.

b) For an in-progress administrative violation, the statute of limitations is counted from the time when the violation is detected;

c) For a violation detected by technical and professional means and equipment, the time when the violation stops shall be counted from the time when the means and equipment record the violation.

4. The statute of limitations for sanctioning administrative violations as prescribed in Clause 3 of this Article in certain specific cases is counted as follows:

a) The time when the violation, for counting the statute of limitations applicable to the violations specified in Clauses 1 and 2, Article 18 of this Decree, shall be counted from the date of handover of the works, work items, or means of transport in accordance with regulations;

b) The time when the violation stops, for counting the statute of limitations applicable to the violations specified in Clauses 3 and 4, Article 18 of this Decree, shall be counted from the date when the works, work items, or means of transport cease operations.

5. Persons competent to impose administrative sanctions shall, based on relevant dossiers and documents, determine the time for counting the statute of limitations for sanctioning in accordance with the Law on Handling of Administrative Violations and other relevant law provisions.

Chapter II

ADMINISTRATIVE VIOLATIONS, SANCTIONS,

AND REMEDIAL MEASURES

Article 6. Violations against regulations on dissemination and education of knowledge and laws, and on professional training and refresher training in fire prevention and fighting, and rescue and salvage

1. A caution or a fine of between VND 300,000 and VND 500,000 shall be imposed for damaging banners, slogans, panels, posters, pictures used for dissemination on fire prevention and fighting, and rescue and salvage.

2. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for failure to organize dissemination and education of knowledge and laws on fire prevention and fighting, and rescue and salvage for the entities specified in Article 8 of the Law on Fire Prevention and Fighting, and Rescue and Salvage.

3. A fine of between VND 4,000,000 and VND 6,000,000 shall be imposed for failure to organize annual refresher training in fire prevention and fighting, and rescue and salvage for the entities specified at Points c, d, dd, e and g, Clause 1, Article 45 of the Law on Fire Prevention and Fighting and Rescue and Salvage who have already received professional training in fire prevention and fighting, and rescue and salvage.

4. A fine of between VND 6,000,000 and VND 8,000,000 shall be imposed for employing the entities specified at Points d, dd, e and g, Clause 1, Article 45 of the Law on Fire Prevention and Fighting and Rescue and Salvage to perform tasks of fire prevention and fighting, and rescue and salvage without having received professional training in fire prevention and fighting, and rescue and salvage.

5. Remedial measures:

a) Forcible restoration of the original condition, for the violations specified in Clause 1 of this Article;

b) Forcible organization of professional refresher training in fire prevention and fighting, and rescue and salvage, for the violation specified in Clause 3 of this Article;

c) Forcible organization of professional training in fire prevention and fighting, and rescue and salvage, for the violation specified in Clause 4 of this Article.

Article 7. Violations against regulations on issuance and posting of internal regulations, prohibition signs, warning signs, and directional signs on fire prevention and fighting, and rescue and salvage

1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for any of the following violations:

a) Issuing internal regulations on fire prevention and fighting, and rescue and salvage that are incomplete in terms of contents as prescribed or inconsistent with the nature and operational characteristics of the establishment or means of transport;

b) Posting internal regulations, warning signs, prohibition signs, or directional signs on fire prevention and fighting, and rescue and salvage at improper positions.

2. A fine of between VND 4,000,000 and VND 6,000,000 shall be imposed for failure to maintain internal regulations, warning signs, prohibition signs, or directional signs on fire prevention and fighting, and rescue and salvage that have been posted.

3. A fine of between VND 6,000,000 and VND 8,000,000 shall be imposed for failure to issue or post internal regulations, warning signs, prohibition signs, or directional signs on fire prevention and fighting, and rescue and salvage.

Article 8. Violations against regulations on the establishment and management of grassroots fire prevention and fighting, rescue and salvage teams, and specialized fire prevention and fighting, rescue and salvage teams; assignment of persons to perform fire prevention and fighting, rescue and salvage tasks

1. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for any of the following violations:

a) Establishing a grassroots fire prevention and fighting, rescue and salvage team, or a specialized fire prevention and fighting, rescue and salvage team without ensuring the number of members as prescribed;

b) Agencies or organizations operating within establishments failing to assign persons to participate in grassroots fire prevention and fighting, rescue and salvage teams.

2. A fine of between VND 6,000,000 and VND 8,000,000 shall be imposed for any of the following violations:

a) Failing to assign persons to perform fire prevention and fighting, rescue and salvage tasks at establishments under fire prevention and fighting management with fewer than 20 regular workers;

b) Failing to arrange a standby location for fire prevention and fighting and rescue and salvage operations of the grassroots fire prevention and fighting rescue and salvage team or the specialized fire prevention and fighting and rescue and salvage team.

3. A fine of between VND 8,000,000 and VND 10,000,000 shall be imposed for failing to assign personnel and equipment of the grassroots fire prevention and fighting and rescue and salvage team or the specialized fire prevention and fighting and rescue and salvage team to be on daily standby for fire prevention and fighting and rescue and salvage operations.

4. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for failing to establish a grassroots fire prevention and fighting and rescue and salvage team.

5. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for failing to establish a specialized fire prevention and fighting and rescue and salvage team.

Article 9. Violations against regulations on fire prevention and fighting, rescue and salvage dossiers

1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for failing to have sufficient documents in a dossier on fire prevention and fighting, rescue and salvage.

2. A fine of between VND 5,000,000 and VND 7,000,000 shall be imposed for failing to prepare a dossier on fire prevention and fighting, rescue and salvage.

Article 10. Violations against regulations on fire prevention and fighting inspection

1. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for any of the following violations:

a) Failing to present the dossier on fire prevention and fighting, rescue and salvage for fire prevention and fighting inspection;

b) Submitting the report on performance of fire prevention and fighting, rescue and salvage of the establishment behind the prescribed time limit;

c) Failing to comply with the requirements on fire prevention and fighting, rescue and salvage stated in the written recommendation for the establishment to remedy existing shortcomings and limitations.

2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for any of the following violations:

a) Failing to arrange a competent and responsible person to work with the competent inspector after receiving a fire prevention and fighting inspection notice;

b) Failing to submit the report on the performance of fire prevention and fighting, rescue and salvage of the establishment.

3. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for failing to carry out periodic self-inspection of fire prevention and fighting.

4. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for any of the following violations:

a) Failing to comply with the temporary suspension of operation under the sanctioning decision for an administrative violation in the field of fire prevention and fighting, rescue and salvage issued by a competent person;

b) Failing to comply with the decision on temporary suspension or the decision on suspension of operation in accordance with the law on fire prevention and fighting, and rescue and salvage.

Article 11. Violations against regulations on fire prevention and fighting in the use of fire sources, heat sources, fire-generating or heat-generating equipment and tools

1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for using fire sources, heat sources, or fire-generating or heat-generating equipment and tools without ensuring the fire prevention and fighting distance requirements as prescribed.

2. A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed for any of the following violations:

a) Using fire sources, heat sources, and fire- generating or heat-generating equipment and tools in areas where they are prohibited;

b) Conducting metal welding or cutting without fire prevention and fighting measures as prescribed.

3. A fine equal to twice the fines specified in Clauses 1 and 2 of this Article shall be imposed for the acts resulting in a fire, but not serious enough for penal liability examination.

Article 12. Violations against regulations on fire prevention and fighting in the installation and use of electricity

1. A fine of between VND 6,000,000 and VND 8,000,000 shall be imposed for installing or using electric wires, electrical equipment, circuit breakers, or protective devices that fail to ensure fire safety.

2. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for failing to maintain explosion-proof electrical equipment that have been already installed.

3. A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed for failing to equip, install, or use explosion-proof electrical equipment.

4. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for any of the following violations:

a) Failing to provide fire blocking solutions for indoor centralized charging areas for electric motor vehicles;

b) Failing to equip a power system for fire prevention and fighting;

c) Failing to maintain power supply for fire prevention and fighting.

5. A fine equal to twice the fines specified in Clauses 1, 2, and 3 of this Article shall be imposed for the acts resulting in a fire, but not serious enough for penal liability examination.

6. Remedial measure:

Forcible implementation of fire blocking solutions, for the violation specified at Point a, Clause 4 of this Article.

Article 13. Violations against regulations on fire prevention and fighting safety requirements in the installation, inspection, and maintenance of grounding and lightning protection systems

1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for failing to conduct periodic inspection and maintenance of grounding and lightning protection systems.

2. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for any of the following violations:

a) Installing grounding and lightning protection systems that fail to meet prescribed requirements;

b) Failing to maintain grounding and lightning protection systems that have been already installed.

3. A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed for failing to install grounding and lightning protection systems for buildings and facilities.

4. A fine equal to twice the fines specified in Clauses 1, 2, and 3 of this Article shall be imposed for the acts resulting in a fire, but not serious enough for penal liability examination.

Article 14. Violations against regulations on fire prevention and fighting in the management, preservation, and use of fire- and explosion-prone substances and goods

1. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for any of the following violations:

a) Arranging or storing fire and explosion-prone substances and goods in a manner that fails to comply with regulations;

b) Preserving fire and explosion-prone substances and goods in excess of the quantity or volume permitted by regulations.

2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for storing or using fire and explosion-prone substances and goods in locations other than those prescribed.

3. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for creating a fire- and explosion-hazardous environment where the flammable or explosive index exceeds the lower explosive limit.

4. A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed for the illegal possession of fire and explosion-prone substances and goods, but not serious enough for penal liability examination.

5. A fine of between VND 45,000,000 and VND 50,000,000 shall be imposed for the unauthorized use of fire and explosion-prone substances and goods, but not serious enough for penal liability examination.

6. A fine equal to twice the fines specified in Clauses 1, 2, 3, and 4 of this Article shall be imposed for the acts resulting in a fire, but not serious enough for penal liability examination.

7. Additional sanction:

Confiscation of material evidence of administrative violations, for the violations specified in Clauses 4 and 5 of this Article.

8. Remedial measures:

a) Forcible reduction of the quantity or volume of fire and explosion-prone substances and goods for the violation specified at Point b, Clause 1 of this Article;

b) Forcible relocation of fire and explosion- prone substances and goods to designated locations, for the violation specified in Clause 2 of this Article.

Article 15. Violations against regulations on fire prevention and fighting in the production and trading of fire and explosion-prone substances and goods

1. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for any of the following violations:

a) Failing to maintain leak detection equipment for fire and explosion-prone substances and goods that has been installed;

b) Failing to maintain anti-static equipment and systems that have been installed.

2. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for any of the following violations:

a) Failing to equip or install leak detection equipment for fire and explosion-prone substances and goods;

b) Failing to equip or install anti-static equipment and systems.

3. A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed for any of the following violations:

a) Decanting or refilling fire and explosion-prone substances and goods at places not prescribed by law;

b) Decanting or refilling fire and explosion-prone goods into containers of improper type or not suitable for such goods.

4. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for illegally producing or trading in fire and explosion-prone substances and goods, but not serious enough for penal liability examination.

5. A fine equal to twice the fines specified in Clauses 1, 2, and 3 of this Article shall be imposed for the acts resulting in a fire, but not serious enough for penal liability examination.

6. Additional sanctions:

a) Confiscation of material evidence of administrative violations, for the violations specified at Point b, Clause 3 and Clause 4 of this Article;

b) Deprivation of the right to use permits in the form of design appraisal documents on fire prevention and fighting, and documents approving fire prevention and fighting acceptance testing results, for a period of between 06 months and 12 months, for the violation specified in Clause 4 of this Article.

Article 16. Violations against regulations on the transportation of fire and explosion-prone substances and goods

1. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for arranging or placing fire and explosion-prone substances and goods on transport vehicles without ensuring fire prevention and fighting safety requirements.

2. A fine of between VND 5,000,000 and VND 7,000,000 shall be imposed for any of the following violations:

a) Failing to maintain fire prevention and fighting safety conditions of vehicles transporting fire and explosion-prone substances and goods;

b) Transporting other goods together with fire and explosion-prone substances and goods on the same vehicle without permission;

c) Carrying unauthorized persons on vehicles transporting fire and explosion-prone substances and goods.

3. A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed for any of the following violations:

a) Failing to ensure fire prevention and fighting safety conditions during the loading, unloading, pumping, or transferring of fire and explosion-prone substances and goods from transport vehicles;

b) Failing to maintain fire prevention safety measures for equipment and pipelines used to transfer flammable gases or liquids;

c) Loading, unloading, pumping, or transferring fire and explosion-prone substances and goods at locations that fail to ensure fire prevention safety.

4. A fine equal to twice the fine specified in Clause 1, Points a and b Clause 2, and Clause 3 of this Article shall be imposed for the acts resulting in a fire, but not serious enough for penal liability examination.

5. Remedial measures:

a) Forcible maintenance of fire prevention safety conditions of transport vehicles used for transporting fire and explosion-prone substances and goods, for the violation specified at Point a, Clause 2 of this Article;

b) Forcible maintenance of fire prevention safety measures for equipment and pipelines used for transferring flammable gas and liquid, for the violation specified at Point b, Clause 3 of this Article;

c) Forcible loading, unloading, pumping, and transferring of fire and explosion-prone substances and goods at a location that meets fire prevention safety requirements, for the violation specified at Point c, Clause 3 of this Article.

Article 17. Violations against regulations on compulsory fire and explosion insurance

1. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for any of the following violations:

a) Purchasing compulsory fire and explosion insurance at a rate inconsistent with the rate prescribed by law for establishments subject to compulsory fire and explosion insurance;

b) Paying from 50% to under 100% of the amount required to be allocated to fire prevention, fighting, rescue and salvage activities from compulsory fire and explosion insurance in accordance with regulations.

2. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for paying less than 50% of the amount required to be allocated to fire prevention, fighting, rescue and salvage activities from compulsory fire and explosion insurance in accordance with regulations.

3. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for failing to purchase compulsory fire and explosion insurance for establishments classified as group 2 fire- and explosion-prone establishments in accordance with the law on fire prevention, fighting, rescue and salvage.

4. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for any of the following violations:

a) Failing to purchase compulsory fire and explosion insurance for establishments classified as group 1 fire- and explosion-prone establishments in accordance with the law on fire prevention, fighting, rescue and salvage;

b) Failing to pay the amount required to be allocated to fire prevention, fighting, rescue and salvage activities from compulsory fire and explosion insurance in accordance with regulations.

Article 18. Violations against regulations on design appraisal and acceptance testing for fire prevention and fighting

1. A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for any of the following violations:

a) Changing, adding functions, or renovating works or work items during use that are subject to design appraisal on fire prevention and fighting without obtaining design appraisal documents on fire prevention and fighting issued by a competent specialized management agency;

b) Modifying transport vehicles during use that are subject to design appraisal on fire prevention and fighting without obtaining design appraisal documents on fire prevention and fighting issued by a competent specialized management agency.

2. A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed for carrying out construction of works, work items, or manufacturing, assembling, and newly building transport vehicles that are subject to design appraisal on fire prevention and fighting without obtaining design appraisal documents on fire prevention and fighting issued by a competent specialized management agency.

3. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for putting into operation works, work items, or transport vehicles that have undergone design appraisal or design review on fire prevention and fighting without obtaining documents approving fire prevention and fighting acceptance testing results issued by a competent specialized management agency.

4. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for putting into use or operation works, work items, or transport vehicles subject to design appraisal on fire prevention and fighting without obtaining both design appraisal documents on fire prevention and fighting and documents approving fire prevention and fighting acceptance testing results issued by a competent specialized management agency.

5. A fine equal to twice the fines specified in Clauses 1 and 2 of this Article shall be imposed for the acts resulting in a fire, but not serious enough for penal liability examination.

6. Additional sanctions:

a) Suspension of operations for a period of between 03 and 06 months, for the violation specified in Clause 3 of this Article;

b) Suspension of operations for a period of between 06 and 12 months, for the violation specified in Clause 4 of this Article.

Article 19. Violations against regulations on circulation of fire prevention and fighting, rescue and salvage vehicles, and fire-resistant materials and components

1. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for altering or erasing information in a permit for circulation of fire prevention and fighting, rescue and salvage vehicles, and fire-resistant materials and components.

2. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for any of the following violations:

a) Trading or circulating fire prevention and fighting, rescue and salvage vehicles, and fire-resistant materials and components without a permit;

b) Using false dossiers or documents to apply for a permit for circulation of fire prevention and fighting, rescue and salvage vehicles, and fire-resistant materials and components.

3. Remedial measures:

a) Forcible submission of the permit for circulation of fire prevention and fighting, rescue and salvage vehicles, and fire-resistant materials and components to the authority or person competent to issue such permit, for the violation specified in Clause 1 and Point b, Clause 2 of this Article;

b) Forcible recall of the fire prevention and fighting, and rescue and salvage vehicles, and fire-resistant materials and components, for the violation specified at Point a, Clause 2 of this Article.

Article 20. Violations against regulations on equipment and installation of fire prevention and fighting, rescue and salvage means

1. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for equipping conventional fire extinguishing means and rudimentary demolition tools that fail to meet regulations.

2. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for failing to equip or install conventional fire extinguishing means and rudimentary demolition tools.

3. A fine of between VND 5,000,000 and VND 7,000,000 shall be imposed for equipping or installing emergency lighting and evacuation indicator systems that fail to meet regulations.

4. A fine of between VND 8,000,000 and VND 10,000,000 shall be imposed for equipping fire prevention and fighting, rescue and salvage means for grassroots fire prevention and fighting, rescue and salvage teams or specialized fire prevention and fighting, rescue and salvage teams that fail to meet regulations.

5. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for failing to equip or install emergency lighting and evacuation indicator systems.

6. A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for failing to equip fire prevention and fighting, rescue and salvage means for grassroots fire prevention and fighting, rescue and salvage teams.

7. A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed for failing to equip fire prevention and fighting, rescue and salvage means for specialized fire prevention and fighting, rescue and salvage teams.

8. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for any of the following violations:

a) Equipping or installing devices of the fire alarm system that fail to meet regulations;

b) Equipping or installing devices of the fire extinguishing system that fail to meet regulations.

9. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for any of the following violations:

a) Failing to equip or install a fire alarm system;

b) Failing to equip or install a fire extinguishing system;

c) Failing to equip motorized fire prevention and fighting, rescue and salvage means.

10. A fine equal to twice the fines specified in Clauses 2, 5, 6, and 7 of this Article shall be imposed for the acts resulting in a fire, but not serious enough for penal liability examination.

11. Additional sanctions:

Suspension of operation for a period of between 03 months and 06 months shall be imposed, for the violations specified at Points a and b, Clause 9 of this Article.

12. Remedial measures:

a) Forcible equipping of conventional fire extinguishing means and rudimentary demolition tools, for the violation specified in Clause 1 of this Article;

b) Forcible equipping and installation of emergency lighting and evacuation indicator systems, for the violation specified in Clause 3 of this Article;

c) Forcible equipping of fire prevention and fighting, rescue and salvage means for grassroots fire prevention and fighting, rescue and salvage teams or specialized fire prevention and fighting, rescue and salvage teams, for the violation specified in Clause 4 of this Article;

d) Forcible equipping and installation of a fire alarm system, for the violation specified at Point a, Clause 8 of this Article;

dd) Forcible equipping and installation of a fire extinguishing system, for the violation specified at Point b, Clause 8 of this Article.

Article 21. Violations against regulations on using fire prevention and fighting, rescue and salvage equipment

1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for arbitrarily moving or obscuring fire prevention and fighting, rescue and salvage equipment that has been equipped and installed.

2. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for failing to maintain sufficient quantity or failing to ensure the quality of conventional fire extinguishing means and rudimentary demolition tools that have been equipped and installed.

3. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for any of the following violations:

a) Failing to maintain the operation of emergency lighting and evacuation indicator systems that have been equipped and installed;

b) Failing to maintain the operation of independently installed fire alarm devices that have been equipped and installed.

4. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for any of the following violations:

a) Failing to maintain the operation of devices of the fire alarm system that has been equipped and installed;

b) Failing to maintain the operation of devices of the fire extinguishing system that has been equipped and installed.

5. A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed for failing to assign motorized fire prevention and fighting, rescue and salvage equipment to be on standby for fire prevention and fighting and rescue and salvage operations.

6. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for any of the following violations:

a) Failing to maintain the operation of the fire alarm system that has been equipped and installed;

b) Failing to maintain the operation of the fire extinguishing system that has been equipped and installed.

7. A fine equal to twice the fines specified in Clauses 2, 3, 4, and 5 of this Article shall be imposed for the acts resulting in a fire, but not serious enough for penal liability examination.

8. Additional sanctions:

Suspension of operation for a period of between 01 month and 03 months, for the violation specified in Clause 6 of this Article.

9. Remedial measures:

a) Forcible restoration of the original state, for the violation specified in Clause 1 of this Article;

b) Forcible maintenance of sufficient quantity and quality of conventional fire extinguishing means and rudimentary demolition tools, for the violation specified in Clause 2 of this Article;

c) Forcible maintenance of emergency lighting and evacuation indicator systems, for the violation specified at Point a, Clause 3 of this Article;

d) Forcible maintenance of independently installed fire alarm devices, for the violation specified at Point b, Clause 3 of this Article;

dd) Forcible maintenance of the fire alarm system, for the violation specified at Point a, Clause 4 and Point a, Clause 6 of this Article;

e) Forcible maintenance of the fire extinguishing system, for the violation specified at Point b, Clause 4 and Point b, Clause 6 of this Article.

Article 22. Violations against regulations on maintenance and servicing of fire prevention and fighting, rescue and salvage equipment

1. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for any of the following violations:

a) Failing to maintain or service conventional fire extinguishing means or independently installed fire alarm devices;

b) Maintaining or servicing fire alarm systems without ensuring compliance with prescribed requirements;

c) Maintaining or servicing fire extinguishing systems without ensuring compliance with prescribed requirements;

d) Maintaining or servicing motorized fire prevention and fighting, rescue and salvage equipment without ensuring compliance with prescribed requirements.

2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for failing to maintain or service motorized fire prevention and fighting, rescue and salvage equipment.

3. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for any of the following violations:

a) Failing to service fire alarm systems;

b) Failing to service fire extinguishing systems.

Article 23. Violations against regulations on ventilation and smoke control

1. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for any of the following violations:

a) Equipping or installing equipment of smoke ventilation systems that fails to meet prescribed requirements;

b) Equipping or installing equipment of pressurization systems for smoke infiltration control areas that fails to meet prescribed requirements.

2. A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed for any of the following violations:

a) Failing to maintain natural ventilation or installed smoke ventilation systems;

b) Failing to maintain installed pressurization systems for smoke infiltration control areas.

3. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for failing to maintain ventilation measures for production, storage, trading, or use areas of fire and explosion-prone substances and goods that have been equipped and installed.

4. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for any of the following violations:

a) Failing to provide natural ventilation or smoke ventilation measures;

b) Failing to equip and install pressurization systems for areas subject to such requirement.

5. A fine equal to twice the fines specified in Clauses 1 and 2 of this Article shall be imposed for the acts resulting in a fire, but not serious enough for penal liability examination.

6. Additional sanction:

Suspension of operations for a period of between 03 months and 06 months, for the violation specified in Clause 3 of this Article.

7. Remedial measures:

a) Forcible equipping and installation of smoke ventilation systems, for the violation specified at Point a Clause 1 of this Article;

b) Forcible equipping and installation of pressurization systems, for the violation specified at Point b Clause 1 of this Article;

c) Forcible maintenance of ventilation measures and smoke ventilation systems, for the violation specified at Point a, Clause 2 of this Article;

d) Forcible maintenance of pressurization systems, for the violation specified at Point b, Clause 2 of this Article;

dd) Forcible maintenance of ventilation measures for production, storage, trading, or use areas of fire and explosion-prone substances and goods, for the violation specified in Clause 3 of this Article.

Article 24. Violations against regulations on emergency evacuation in fire prevention and fighting

1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for any of the following violations:

a) Installing mirrors on evacuation routes;

b) Installing exit doors on evacuation routes that do not open in the direction of evacuation.

2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for obstructing evacuation routes or exits with supplies, goods, vehicles, objects, or equipment.

3. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for any of the following violations:

a) Failing to maintain exit doors already installed on evacuation routes or exits;

b) Locking exit doors installed on evacuation routes or exits.

4. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for any of the following violations:

a) Failing to maintain evacuation routes or exits of rooms or areas;

b) Failing to provide sufficient evacuation routes or exits of rooms or areas.

5. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for any of the following violations:

a) Failing to maintain evacuation routes or exits of buildings or structures;

b) Failing to provide sufficient evacuation routes or exits of buildings or structures.

6. Additional sanctions:

Suspension of operations for a period of between 03 months and 06 months, for the violation specified in Clause 5 of this Article.

7. Remedial measures:

a) Forcible removal of mirrors on evacuation routes, for the violation specified at Point a Clause 1 of this Article;

b) Forcible adjustment of exit doors to open in the direction of evacuation, for the violation specified at Point b, Clause 1 of this Article;

c) Forcible removal of supplies, goods, vehicles, objects, or equipment, for the violation specified in Clause 2 of this Article;

d) Forcible maintenance of exit doors on evacuation routes or exits, for the violation specified in Clause 3 of this Article.

Article 25. Violations against regulations on fire compartmentalization

1. A fine of between VND 2,000,000 and VND 4,000,000 shall be imposed for placing materials, goods, vehicles, objects, or other equipment without ensuring the safe distance for fire prevention and fighting.

2. A fine of between VND 5,000,000 and VND 7,000,000 shall be imposed for failing to maintain fire compartmentalization components that have been constructed or installed, except for the violation specified in Clause 5 of this Article.

3. A fine of between VND 8,000,000 and VND 10,000,000 shall be imposed for any of the following violations:

a) Failing to clean up flammable substances located within the safety corridor of petroleum, gas, or petroleum product pipelines;

b) Installing pipelines for combustible gases or flammable liquids in prohibited areas or in a manner that fails to ensure fire safety.

4. A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed for any of the following violations:

a) Failing to maintain the safe distance for fire prevention and fighting between buildings and structures;

b) Failing to provide fire compartmentalization components, except for the violation specified in Clause 5 of this Article.

5. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for failing to provide or maintain fire-resisting walls, fire-resisting partitions, or fire-resisting floors.

6. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for constructing buildings or structures without ensuring the safe distance for fire prevention and fighting.

7. A fine equal to twice the fines specified in Clauses 2, 3, and 4 of this Article shall be imposed for the acts resulting in a fire, but not serious enough for penal liability examination.

8. Additional sanction:

Suspension of operations for a period of between 06 months and 12 months, for the violation specified in Clause 6 of this Article.

9. Remedial measures:

a) Forcible relocation of materials, goods, vehicles, objects, or other equipment to ensure the safe distance for fire prevention and fighting, for the violation specified in Clause 1 of this Article;

b) Forcible maintenance of fire compartmentalization components, for the violation specified in Clause 2 of this Article;

c) Forcible maintenance of the safe distance for fire prevention and fighting, for the violation specified at Point a, Clause 4 of this Article;

d) Forcible installation or maintenance of fire-resisting walls, fire-resisting partitions, or fire-resisting floors, for the violation specified in Clause 5 of this Article.

Article 26. Violations against regulations on formulation, approval, and drills of fire prevention and fighting, rescue and salvage plans

1. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for any of the following violations:

a) Formulating fire prevention and fighting, rescue and salvage plans for establishments or vehicles without ensuring the required contents;

b) Failing to update, supplement, or revise fire prevention and fighting, rescue and salvage plans for establishments or vehicles;

c) Failing to approve or approving fire prevention and fighting, rescue and salvage plans for establishments or vehicles without proper competence.

2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for any of the following violations:

a) Failing to practice all scenarios in fire prevention and fighting, rescue and salvage plans for establishments or vehicles;

b) Failing to assign sufficient forces or means under their management to participate in drills organized by public security agencies when mobilized by competent persons.

3. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for any of the following violations:

a) Failing to coordinate in formulating fire prevention and fighting, rescue and salvage plans of public security agencies upon request by competent public security agencies;

b) Failing to coordinate in participating in drills of fire prevention and fighting, rescue and salvage plans of public security agencies upon request by competent public security agencies.

4. A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for failing to organize drills for fire prevention and fighting, rescue and salvage plans for establishments or vehicles.

5. A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed for failing to formulate fire prevention and fighting, rescue and salvage plans for establishments or vehicles.

Article 27. Violations against regulations on fire prevention and fighting, and rescue and salvage

1. A caution or a fine of between VND 500,000 and VND 1,000,000 shall be imposed for arbitrarily entering the fire prevention and fighting, and rescue and salvage area without the permission of a competent person.

2. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for any of the following violations:

a) Failing to comply with orders or mobilization decisions for fire prevention and fighting, and rescue and salvage issued by a competent person;

b) Failing to take remedial actions for the fire consequences within the permitted capacity and conditions.

3. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for obstructing or hindering fire or rescue reporting activities.

4. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for any of the following violations:

a) Encroaching on or placing obstacles that hinder the operation of motorized fire prevention and fighting, and rescue and salvage vehicles;

b) Deliberately making false fire or rescue reports;

c) Failing to report a fire or a rescue situation.

5. A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed for any of the following violations:

a) Obstructing fire prevention and fighting, and rescue and salvage forces and equipment from carrying out their duties;

b) Abusing fire prevention and fighting, and rescue and salvage activities to infringe upon the interests of the State or the lawful rights and interests of organizations or individuals.

6. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for failing to maintain access roads for fire prevention and fighting, and rescue and salvage vehicles.

7. Remedial measure:

Forcible maintenance of access roads for fire prevention and fighting, and rescue and salvage vehicles, for the violation specified in Clause 6 of this Article.

Article 28. Violations against regulations on the database system on fire prevention and fighting, rescue and salvage, and fire alarm transmission

1. A caution or a fine of between VND 500,000 and VND 1,000,000 shall be imposed for any of the following violations:

a) Declaring incomplete information of the establishment to the database system on fire prevention and fighting, rescue and salvage, and fire alarm transmission;

b) Declaring incomplete information of fire prevention and fighting, and rescue and salvage vehicles, fire-resistant and fireproof materials and components to the database system of the specialized management agency upon the circulation of such vehicles, materials, and components as prescribed.

2. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for any of the following violations:

a) Failing to update information when there are changes to the previously declared data of the establishment in the database system on fire prevention and fighting, rescue and salvage, and fire alarm transmission;

b) Failing to pay the costs for maintaining the operation of the fire alarm transmission devices connected to the database system.

3. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for failing to declare information of fire prevention and fighting, and rescue and salvage vehicles, fire-resistant and fireproof materials and components to the database system of the specialized management agency upon the circulation of such vehicles, materials, and components as prescribed.

4. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for failing to declare information of the establishment to the database system on fire prevention and fighting, and rescue and salvage, and fire alarm transmission.

5. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for deliberately disconnecting or failing to repair faults resulting in loss of connection of fire alarm transmission devices to the database system.

6. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for any of the following violations:

a) Failing to equip and install fire alarm transmission devices;

b) Failing to connect the fire alarm transmission devices to the database system on fire prevention and fighting, rescue and salvage, and fire alarm transmission as prescribed.

Chapter III

COMPETENCE TO MAKE MINUTES OF AND IMPOSE SANCTIONS FOR ADMINISTRATIVE VIOLATIONS

Article 29. Competence to make minutes of administrative violations

Persons competent to make minutes of administrative violations against regulations prescribed in this Decree include:

1. Persons competent to impose sanctions as prescribed in Articles 30, 31, 32, 33, 34, 35, and 36 of this Decree.

2. Civil servants and public employees of People’s Committees at all levels, specialized agencies in construction, and vehicle registration agencies that are performing official duties.

Article 30. Competence to impose sanctions for administrative violations of Chairpersons of People’s Committees at all levels

1. Chairpersons of commune-level People’s Committees shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 5,000,000;

c) Confiscate material evidence of administrative violations with a value not exceeding twice the fine specified at Point b of this Clause;

d) Apply remedial measures specified at Point a Clause 1 Article 28 of the Law on Handling of Administrative Violations.

2. Chairpersons of provincial-level People’s Committees shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 50,000,000;

c) Deprive the right to use permits in the form of design appraisal documents on fire prevention and fighting, and documents approving fire prevention and fighting acceptance testing results;

d) Confiscate material evidence of administrative violations;

dd) Suspend operations for a definite term;

e) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

Article 31. Competence to impose sanctions for administrative violations of People’s Public Security

1. People’s Public Security officers who are performing official duties shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 500,000.

2. Heads of company-level mobile police units, Station chiefs and Team heads of the persons specified in Clause 1 of this Article shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 1,500,000.

3. Chiefs of commune-level police offices, Chiefs of police stations and Chiefs of police offices of border gates or export processing zones, Heads of border-gate police offices of international airports, Heads of mobile police battalions, and heads of marine squads shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 2,500,000;

c) Confiscate material evidence of administrative violations with a value not exceeding twice the fine specified in Point b of this Clause;

d) Apply remedial measures specified at Point a Clause 1 Article 28 of the Law on Handling of Administrative Violations.

4. Heads of professional divisions of the Police Department for Administrative Management of Social Order; Heads of the professional divisions of the Traffic Police Department; Heads of the professional divisions of the Fire Prevention and Fighting, Salvage and Rescue Police Department; and Heads of divisions of provincial-level Departments of Public Security, including Heads of Police Divisions for Administrative Management of Social Order, Heads of Traffic Police Divisions, Heads of Fire Prevention and Fighting, Salvage and Rescue Police Divisions, and Heads of Mobile Police Divisions shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 10,000,000;

c) Deprive the right to use permits in the form of design appraisal documents on fire prevention and fighting, and documents approving fire prevention and fighting acceptance testing results;

d) Confiscate material evidence of administrative violations with value not exceeding twice the fine specified at Point b of this Clause;

dd) Suspend operations for a definite term;

e) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

5. Directors of provincial-level Departments of Public Security shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 25,000,000;

c) Deprive the right to use permits in the form of design appraisal documents on fire prevention and fighting, and documents approving fire prevention and fighting acceptance testing results;

d) Confiscate material evidence of administrative violations;

dd) Suspend operations for a definite term;

e) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

6. Director of the Police Department for Administrative Management of Social Order, Director of the Traffic Police Department, and Director of the Fire Prevention and Fighting, Salvage and Rescue Police Department shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 50,000,000;

c) Deprive the right to use permits in the form of design appraisal documents on fire prevention and fighting, and documents approving fire prevention and fighting acceptance testing results;

d) Confiscate material evidence of administrative violations;

dd) Suspend operations for a definite term;

e) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

Article 32. Competence to impose sanctions for administrative violations of the Border Guard

1. Border Guard officers who are performing official duties shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 500,000.

2. Station chiefs or Team commanders of those specified in Clause 1 of this Article shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 2,500,000.

3. Heads of the Task Force on Drugs and Crime Prevention under the drug and crime prevention and combat task force regiments shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 5,000,000;

c) Confiscate material evidence of administrative violations with a value not exceeding twice the fine specified at Point b of this Clause;

d) Apply remedial measures specified at Point a Clause 3, Article 3 of this Decree.

4. Chiefs of border-guard stations, Captains of border-guard flotillas and Commanders of border-gate guards at ports shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 10,000,000;

c) Confiscate material evidence of administrative violations with a value not exceeding twice the fine specified at Point b of this Clause;

d) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

5. Heads of drug and crime prevention and combat task force regiments of the Drug and Crime Prevention and Combat Department under the Border Guard High Command shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 25,000,000;

c) Confiscate material evidence of administrative violations with a value not exceeding twice the fine specified at Point b of this Clause;

d) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

6. Commanders of provincial-level border guards; Chiefs of border-guard fleets and the Director of the Drug and Crime Prevention and Combat Department under the Border-Guard High Command shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 50,000,000;

c) Deprive the right to use permits in the form of design appraisal documents on fire prevention and fighting, and documents approving fire prevention and fighting acceptance testing results;

d) Confiscate material evidence of administrative violations;

dd) Suspend operations for a definite term;

e) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

Article 33. Competence to impose sanctions for administrative violations of the Forest protection force

1. Forest protection officers who are performing official duties shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 500,000.

2. Heads of forestry and forest protection stations shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 10,000,000;

c) Confiscate material evidence of administrative violations with a value not exceeding twice the fine specified at Point b of this Clause.

3. Heads of district-level forestry and forest protection offices, and heads of mobile ranger and forest fire prevention and fighting teams shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 25,000,000;

c) Confiscate material evidence of administrative violations with a value not exceeding twice the fine specified at Point b of this Clause;

d) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

4. Heads of forestry and forest protection branches; heads of regional forestry and forest protection branches, and heads of forest protection task force teams under the forest protection department shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 50,000,000;

c) Confiscate material evidence of administrative violations with a value not exceeding twice the fine specified at Point b of this Clause;

d) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

5. Director of the Forestry and Forest Protection Department shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 50,000,000;

c) Confiscate material evidence of administrative violations;

d) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

Article 34. Competence to impose sanctions for administrative violations of the Fisheries Surveillance Force

1. Fisheries surveillance officers who are performing official duties shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 2,000,000;

c) Confiscate material evidence of administrative violations with a value not exceeding twice the fine specified at Point b of this Clause.

2. Heads of fisheries surveillance stations under fisheries and regional fisheries surveillance branches shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 10,000,000;

c) Confiscate material evidence of administrative violations with a value not exceeding twice the fine specified at Point b of this Clause;

d) Apply remedial measures specified at Point a, Clause 3, Article 3 of this Decree.

3. Heads of fisheries and regional fisheries surveillance branches shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 50,000,000;

c) Confiscate material evidence of administrative violations;

d) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

4. Director General of the Directorate of Fisheries shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 50,000,000;

c) Suspend operations for a definite term;

d) Confiscate material evidence of administrative violations;

dd) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

Article 35. Competence to impose sanctions for administrative violations of the Vietnam Coast Guard

1. Coast Guard officers who are performing official duties shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 1,000,000.

2. Heads of Coast Guard operational teams shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 2,500,000.

3. Heads of Coast Guard professional teams and heads of Coast Guard stations shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 5,000,000;

c) Apply remedial measures specified at Point a, Clause 3, Article 3 of this Decree.

4. Commanders of Coast Guard squadrons shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 10,000,000;

c) Confiscate material evidence of administrative violations with a value not exceeding twice the fine specified at Point b of this Clause;

d) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

5. Commanders of Coast Guard regiments; Commanders of reconnaissance units; Commanders of special task forces against drug-related crimes under the Command of the Vietnam Coast Guard shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 15,000,000;

c) Confiscate material evidence of administrative violations with a value not exceeding twice the fine specified at Point b of this Clause;

d) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

6. Regional Commanders of the Vietnam Coast Guard and the Director of the Department of Operations and Legal Affairs under the Command of the Vietnam Coast Guard shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 25,000,000;

c) Confiscate material evidence of administrative violations;

d) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

7. Commander of the Vietnam Coast Guard shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 50,000,000;

c) Confiscate material evidence of administrative violations;

d) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

Article 36. Competence to impose sanctions for administrative violations of the Inspectorate

1. Inspectors and persons assigned to perform inspection tasks who are performing official duties shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 500,000;

c) Confiscate material evidence of administrative violations with a value not exceeding twice the fine specified at Point b of this Clause;

d) Apply remedial measures specified at Point a, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

2. Chief Inspectors of the Department of Fire Prevention, Fighting and Rescue Police and Chief Inspectors of the Provincial-level Police Departments shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 10,000,000;

c) Confiscate material evidence of administrative violations with a value not exceeding twice the fine specified at Point b of this Clause;

d) Suspend operation for a fixed period;

dd) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

3. Chief Inspectors of provincial-level inspectorates shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 35,000,000;

c) Deprive the right to use permits in the form of design appraisal documents on fire prevention and fighting, and documents approving fire prevention and fighting acceptance testing results;

d) Confiscate material evidence of administrative violations;

dd) Suspend operation for a definite term;

e) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

4. Chief Inspectors of ministerial-level inspectorates shall have the competence to:

a) Impose a caution;

b) Impose a fine of up to VND 50,000,000;

c) Deprive the right to use permits in the form of design appraisal documents on fire prevention and fighting, and documents approving fire prevention and fighting acceptance testing results;

d) Confiscate material evidence of administrative violations;

dd) Suspend operation for a definite term;

e) Apply remedial measures specified in Clause 3, Article 3 of this Decree.

Article 37. Delineation of competence to impose sanctions for administrative violations

1. Chairpersons of People’s Committees at all levels shall have the competence to impose sanctions for administrative violations and apply remedial measures for the violations specified in Articles 6 through 28 of this Decree, within the competence prescribed in Article 30 of this Decree and in accordance with their assigned functions, tasks, and powers.

2. Persons competent to impose sanctions of the People's Public Security Forces shall have the competence to impose sanctions for administrative violations and apply remedial measures for the violations specified in Articles 6 through 28 of this Decree, within the competence prescribed in Article 31 of this Decree and in accordance with their assigned functions, tasks, and powers.

3. Persons competent to impose sanctions of the Border Guard shall have the competence to impose sanctions for administrative violations and apply remedial measures for the violations specified in Articles 7, 14, 15, 16, and 21; Points a and c, Clause 1 and Points a and c, Clause 2, Article 20 of this Decree, within the competence prescribed in Article 32 of this Decree and within the scope, field of management, and their assigned functions, tasks, and powers.

4. Persons competent to impose sanctions of the Forest Protection Force shall have the competence to impose sanctions for administrative violations and apply remedial measures for the violations specified in Articles 6, 7, 10, 11, 20, 21, 22, 25, and 27 of this Decree, within the competence prescribed in Article 33 of this Decree and in accordance with their assigned functions, tasks, and powers.

5. Persons competent to impose sanctions of the Fisheries Surveillance Force shall have the competence to impose sanctions for administrative violations and apply remedial measures for the violations specified in Articles 11, 16, 20, 21, and 22 of this Decree, within the competence prescribed in Article 34 of this Decree and in accordance with their assigned functions, tasks, and powers.

6. Persons competent to impose sanctions of the Vietnam Coast Guard shall have the competence to impose sanctions for administrative violations and apply remedial measures for the violations specified in Article 16 of this Decree, within the competence prescribed in Article 35 of this Decree and in accordance with their assigned functions, tasks, and powers.

7. Persons competent to impose sanctions of the Inspectorate shall have the competence to impose sanctions for administrative violations and apply remedial measures for the violations specified in Articles 6 through 28 of this Decree, within the competence prescribed in Article 36 of this Decree and in accordance with their assigned functions, tasks, and powers.

8. Coordination among relevant agencies in imposing sanctions for administrative violations in the field of fire prevention and fighting, and rescue and salvage shall comply with Article 52 of the Law on Handling of Administrative Violations.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 38. Amending and supplementing a number of articles of the Government’s Decree No. 119/2017/ND-CP dated November 01, 2017, on sanctioning of administrative violations in the fields of standards, measurement and quality of products and goods (as amended and supplemented by the Government’s Decree No. 126/2021/ND-CP dated December 30, 2021, amending and supplementing a number of articles of Decrees on sanctioning of administrative violations in the fields of industrial property; standards, measurement and quality of products and goods; science and technology activities; technology transfer; and atomic energy)

1. To amend and supplement Clause 4, Article 36 as follows:

“4. Heads of professional divisions of the Traffic Police Department; heads of professional divisions of the Fire Prevention and Fighting, Salvage and Rescue Police Department; heads of divisions of provincial-level Departments of Public Security, including: heads of police divisions for administrative management of social order; heads of police divisions for criminal investigation; heads of police divisions for investigation of corruption, economic crimes and smuggling; heads of police divisions for drug-related crime investigation; heads of traffic police divisions; heads of fire prevention and fighting, salvage and rescue police divisions; heads of internal political security divisions; and heads of economic security divisions shall have the competence to:”

2. To amend and supplement Clause 6, Article 36 as follows:

“6. Directors of Department of Internal Political Security; Department of Economic Security; Department of Administrative Management of Social Order; Department of Criminal Investigation Police; Department of Investigation of Corruption, Economic Crimes and Smuggling; Department of Drug-Related Crime Investigation Police; Traffic Police Department; Department of Fire Prevention and Fighting, Salvage and Rescue Police; Department of Environmental Crime Prevention and Control; Department of Cybersecurity and High-Tech Crime Prevention; and Immigration Department shall have the competence to:”

Article 39. Effect

1. This Decree takes effect on July 01, 2025.

2. Section 3, Chapter II of the Government’s Decree No. 144/2021/ND-CP dated December 31, 2021, on sanctioning of administrative violations in the fields of security, social order and safety; prevention and control of social evils; fire prevention and fighting; rescue and salvage; and prevention and control of domestic violence, is hereby annulled.

Article 40. Transitional provisions

1. In cases where administrative violations in the field of fire prevention and fighting, and rescue and salvage occurred and were completed before the effective date of this Decree but were detected while the statute of limitations for sanctioning has not yet expired or are under consideration and settlement when this Decree takes effect, the Government’s Decree on sanctioning of administrative violations that is effective at the time of commission of such violations shall be applied.

For administrative violations in the field of fire prevention and fighting, and rescue and salvage that occurred before the effective date of this Decree but are still ongoing at the time this Decree takes effect, this Decree shall prevail.

2. For decisions on sanctioning of administrative violations that have been issued or fully implemented before the effective date of this Decree, if the individuals or organizations subject to sanction still lodge complaints, the regulations on sanctioning of administrative violations that were effective at the time the sanctioning decisions were issued shall be applied for settlement.

Article 41. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of governmental agencies, and chairpersons of people’s committees of provinces and centrally-run cities shall be responsible for the implementation of this Decree.

For the Government

The Prime Minister

PHAM MINH CHINH