THE GOVERNMENT _______ No. 144/2021/ND-CP | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ________________________ Hanoi, December 31, 2021 |
DECREE
Providing penalties for administrative violations against regulations on security, social order and safety; prevention of social evils; fire prevention and fighting; rescue and salvage; domestic violence prevention and control
___________
Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law dated November 22, 2019 on Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;
Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012; the Law dated November 13, 2020 Amending and Supplementing a Number of Articles of the Law on Handling of Administrative Violations;
Pursuant to the Law on Domestic Violence Prevention and Control dated November 21, 2007;
Pursuant to the Law on Fire Prevention and Fighting dated June 29, 2001; the Law dated November 22, 2013 Amending and Supplementing a Number of Articles of the Law on Fire Prevention and Fighting;
Pursuant to the Law on Citizen Identification dated November 20, 2014;
Pursuant to the Law on Housing dated November 25, 2014;
Pursuant to the Law on Guard Force dated June 20, 2017;
Pursuant to the Law on Foreigners' Entry into, Exit from, Transit through, and Residence in Vietnam dated June 16, 2014; the Law dated November 25, 2019 Amending and Supplementing a Number of Articles of the Law on Foreigners' Entry into, Exit from, Transit through, and Residence in Vietnam;
Pursuant to the Law on Management and Use of Weapons, Explosive Materials and Support Tools dated June 20, 2017 and the Law dated November 25, 2019 Amending and Supplementing a Number of Articles of the Law on Management and Use of Weapons, Explosive Materials and Support Tools;
Pursuant to the Law on Protection of State Secrets dated November 15, 2018;
Pursuant to the Law on Execution of Criminal Judgments dated June 14, 2019;
Pursuant to the Law on Exit and Entry of Vietnamese Citizens dated November 22, 2019;
Pursuant to the Law on Investment dated June 17, 2020;
Pursuant to the Law on Residence dated November 13, 2020;
Pursuant to the Law on Drug Prevention and Control dated March 30, 2021;
Pursuant to the Law on Environmental Protection dated November 17, 2020;
Pursuant to the Ordinance on Prostitution Prevention and Control dated March 17, 2003;
At the proposal of the Minister of Public Security;
The Government promulgates the Decree providing penalties for administrative violations against regulations on security, social order and safety; prevention of social evils; fire prevention and fighting; rescue and salvage; domestic violence prevention and control.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Decree prescribes administrative violations, penalties, fines, remedial measures for each administrative violation, powers to make records and impose penalties, specific fines that can be imposed by each competent person for administrative violations against regulations on security, social order and safety; prevention of social evils; fire prevention and fighting; rescue and salvage; domestic violence prevention and control.
2. Administrative violations against regulations on other fields related to security, social order and safety; prevention of social evils; fire prevention and fighting; rescue and salvage; domestic violence prevention and control, which are not specified in this Decree, shall be sanctioned in accordance with the provisions of other Government's Decrees providing penalties for administrative violations under relevant State jurisdictions.
Article 2. Subjects of application
1. Vietnamese individuals and organizations; foreign individuals and organizations committing administrative violations against regulations on security, social order and safety; prevention of social evils; fire prevention and fighting; rescue and salvage; domestic violence prevention and control within the territory, internal waters, territorial sea, contiguous zone, exclusive economic zone and continental shelf of the Socialist Republic of Vietnam; on aircraft bearing Vietnamese nationality, and on vessels flying the Vietnamese national flag.
2. Vietnamese citizens and organizations that commit the violations specified in this Decree outside the territory of the Socialist Republic of Vietnam may be administratively sanctioned in accordance with this Decree.
3. Agencies and persons competent to impose penalties for administrative violations against regulations on security, social order and safety; prevention of social evils; fire prevention and fighting; rescue and salvage; domestic violence prevention and control and related individuals and organizations.
Article 3. Penalties for administrative violations and remedial measures
1. For each administrative violation against regulations on security, social order and safety; prevention of social evils; fire prevention and fighting; rescue and salvage; domestic violence prevention and control, the violator shall be subject to one of the following main penalties:
a) A warning;
b) A fine.
2. Depending on the nature and seriousness of the administrative violations against regulations on security, social order and safety; prevention of social evils; fire prevention and fighting; rescue and salvage; domestic violence prevention and control, the violator may be subject to the following additional penalty/penalties:
a) Deprivation of the right to use the permit or certificate of practice;
b) Suspension of operation for a definite time.
c) Confiscation of material evidence and means used to commit the administrative violations (hereinafter referred to as material evidence or means of administrative violation).
d) Deportation.
3. In addition to the remedial measures specified at Points a, c, e and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations, individuals, and organizations committing administrative violations specified in this Decree may be subject to the following remedial measure(s):
a) Forcible return of illegally seized assets;
b) Forcible return of confirmations, certifications and certificates of weaponry, tactical gear and firecrackers; certificates of satisfaction of security and order conditions; certificates of security guard expertise; certificates of seal registration; permits to transport dangerous goods prone to fire and explosion; certificates of appraisal and approval, documents of appraisal and approval, written approvals of results of fire safety tests; certificates of practice, certificates of eligibility for providing fire safety services; certificates of fire safety equipment inspection, of which information has been removed or falsified (hereinafter referred to as permits, practicing certificates, operation registration certificates);
c) Forcible return of people's identity documents, people's identity cards or citizen’s identity cards;
d) Forcible return of seals or certificates of seal registration;
dd) Forcible cancellation of documents and papers incorrectly stamped with seals;
e) Forcible withdrawal and return of materials, documents, leaflets, articles, images used to commit administrative violations;
g) Forcible withdrawal and return of documents and objects containing State secrets;
h) Forcible removal of documents containing State secrets;
i) Forcible preservation and arrangement of goods prone to fire and explosion in accordance with the regulations, or forcible reduction of the quantity, volume, or type of goods prone to fire and explosion in accordance with the regulations, or forcible transportation of goods prone to fire and explosion to warehouses or locations as prescribed;
k) Forcible implementation of ventilation measures as prescribed;
l) Forcible installation and operational maintenance of anti-static equipment and systems as prescribed;
m) Forcible installation and equipping of devices to detect and handle leaks of substances and goods prone to fire and explosion;
n) Forcible installation of electrical systems meeting the fire safety, rescue, and salvage requirements;
o) Forcible installation of lightning protection systems as prescribed or forcible repair of failures and damages of lightning protection systems;
p) Forcible implementation of measures to prevent fire spread in accordance with the law provisions;
q) Forcible update of the database on fire prevention and fighting as prescribed;
r) Forcible keeping of the incident reporting equipment in its continuous mode of operation;
s) Forcible withdrawal of fire engines and fire safety equipment or forcible withdrawal of inspection records;
t) Forcible public apology;
u) Forcible performance of the obligation to contribute and nurture;
v) Forcible payment of all expenses for medical examination and treatment.
4. Procedures for implementing the remedial measure of forcible return of permits, practicing certificates, or operation registration certificates of which information has been removed or falsified:
a) The decision-makers and the violators who must forcibly return permits, practicing certificates or operation registration certificates 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, practicing certificates or operation registration certificates.
Article 4. Maximum fines and organizations subject to penalties for administrative violations
1. The maximum fine imposed for violations against regulations on domestic violence prevention and control is VND 30,000,000 if the violators are individuals or VND 60,000,000 if the violators are organizations; the maximum fine imposed for violations against regulations on security, social order and safety is VND 40,000,000 if the violators are individuals or VND 80,000,000 if the violators are organizations; the maximum fine imposed for violations against regulations on fire prevention and fighting, rescue and salvage is VND 50,000,000 if the violators are individuals or VND 100,000,000 if the violators are organizations; the maximum fine imposed for violations against regulations on social evils prevention and control is VND 75,000,000 if the violators are individuals or VND 150,000,000 if the violators are organizations.
2. The fines specified in Chapter II of this Decree are applicable to administrative violations committed by individuals. If organizations commit the same violations, the fines imposed to them shall be 2 times higher than that imposed to individuals.
3. Organizations specified in Clauses 1 and 2 of this Article are:
a) Economic organizations established under the Law on Enterprises, including private enterprises, joint stock companies, limited liability companies, partnerships, and subordinates of any enterprise;
b) Economic organizations established under the Law on Cooperatives, including cooperatives and associations of cooperatives;
c) Social organizations, socio-political organizations, socio-professional organizations;
d) Non-business units;
dd) State agencies committing acts that beyond the scope of their assigned State management duties;
e) Cooperative groups.
4. Households and individual business households that register their business in accordance with the law provisions and violate the provisions of this Decree shall be subject to the same penalties as individuals.
Article 5. Statute of limitations for imposing penalties for administrative violations
1. The statute of limitations for imposing penalties for administrative violations against regulations on social security, order, and safety; prevention of social evils; fire prevention and fighting; rescue and salvage; domestic violence prevention and control is 01 year.
2. The start of the statute of limitations for imposing penalties for administrative violations is prescribed as follows:
a) For any administrative violation that has ended, the statute of limitations shall start from such end;
b) For ongoing administrative violations, the statute of limitations shall start from the time the on-duty persons detect such violations;
c) In cases where the penalties for administrative violations of organizations or individuals are imposed based on the violation records transferred by other competent record-makers, the statute of limitations thereof shall comply with Clause 1 of this Article and Points a and b of this Clause and start from the time the decisions to impose penalties for such administrative violations are made.
Article 6. Procedures for imposing penalties for violations that are also specified in the Penal Code
Upon detecting violations as specified at Point d Clause 1, Point c Clause 2, Point b Clause 3, Points b and c Clause 4, and Points a and d Clause 5, Article 7; Points b and c, Clause 4, Article 9; Point a Clause 3, Points a and b Clause 4, Article 10; Point c Clause 2, and Clause 5, Article 11; Point c Clause 3, Points b, dd and e Clause 5, Article 12; Point e Clause 3, Points a and b Clause 4, Article 13; Points a, b, c and dd Clause 1, Points c, d and e Clause 2, Article 15; Point a Clause 3, Article 16; Point a Clause 4, Point c Clause 6 and Point a Clause 7, Article 18; Point dd Clause 2, and Clause 4, Article 19; Clause 3, Article 21; Clause 2, Clause 3, Points b, c, d, dd and e Clause 5, Article 23; Point c, Clause 4, Article 26; Clause 2, Points b and d Clause 4, Points a and d Clause 5, Article 28; Clause 4, Article 32; Point c, Clause 5, Article 34; Point a, Clause 2, Article 50; Point a, Clause 4, Article 51; Clause 1, Article 52 and Clause 1, Article 53 of this Decree, the competent persons who are handling the cases shall transfer the dossiers to the competent criminal justice agencies so as to institute criminal proceedings against the cases in accordance with Clauses 1, 2 and 4, Article 62 of the Law on Handling of Administrative Violations.
In cases where the competent criminal justice agencies issues decisions not to institute criminal proceedings against the cases; decisions to cancel the decisions to institute criminal proceedings against the cases; decisions to suspend the investigation of the criminal cases; decisions to stop the investigation of the accused; decide to stop the investigation of criminal cases against the accused; decisions to terminate the criminal proceedings against the cases; decisions to cancel the decisions to prosecute the accused and return the cases’ dossiers to the competent persons who sent such dossiers, the agencies shall transfer the dossiers of the cases to the persons with powers to impose penalties for administrative violations in accordance with Clause 3 Article 62 and Article 63 of the Law on Handling of Administrative Violations so as for such persons to impose the penalties as prescribed in this Decree.
Chapter II
ADMINISTRATIVE VIOLATIONS, PENALTIES AND REMEDIAL MEASURES
Section 1
ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON SECURITY, SOCIAL ORDER AND SAFETY
Article 7. Violations against regulations on public order
1. A warning or a fine of between VND 300,000 and VND 500,000 shall be imposed for one of the following violations:
a) Causing public disorder in venues of art performance, cultural and sporting events, and commercial activities, offices of agencies and organizations, residential areas, or other public places, unless otherwise specified at Point a Clause 2 and Point b Clause 5 of this Article;
b) Leaving domestic animals wander in urban areas or public places;
c) Allowing domestic animals, plants, or other objects to encroach on roadways, sidewalks, flower gardens, playgrounds, urban areas, shared places in residential areas or urban areas;
d) Accidentally causing injuries or harm to the health of others, but not being subject to penal liability;
dd) Throwing rubbish or putting anything else on fences and areas adjacent to secured premises;
e) Raising livestock and poultry in condominiums.
2. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for one of the following violations:
a) Drinking alcohols, beers or using stimulants, then causing public disorder;
b) Organizing or participating in crowded gatherings in public places, causing public disorder;
c) Letting domestic animals cause injuries or damages to assets of other organizations and individuals, but not being subject to penal liability;
d) Flying kites, balloons, and all kinds of flying toys over restricted areas or secured premises.
dd) Flying unmanned aircraft or ultralight aircraft that has not been registered for flight permits, organizing aviation activities without permits or flying registered aircraft at the wrong time and place, and beyond the allowable coordinates and limits;
e) Obstructing, harassing or annoying others during loading and unloading, transportation, keeping of luggage at markets, wharves, bus stations, airports, ports, railway stations and other public places.
g) Burning and flying “sky lanterns;”
h) Failing to carry all required papers and documents when flying unmanned aircraft and ultralight aircraft;
i) Flying unmanned or ultralight aircraft when the operators thereof are not eligible for flying such aircraft;
k) Flying unmanned or ultralight aircraft when such aircraft are not eligible for flying;
l) Paint, write, draw, paste, or attach images or contents on walls, power poles or other locations in residential areas, public places, condominiums, residences of citizens or other works without the permission of competent authorities.
3. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed for one of the following violations:
a) Having gestures which are rude, provocative, teasing or insulting to the honour and dignity of others, unless otherwise specified at Point b, Clause 2, Article 21, and Article 54 of this Decree;
b) Facilitating, hiring, provoking, enticing, seducing, inciting others to intentionally injure or harm the others’ health, or undermining other’s honour and dignity, but not being subject to penal liability;
c) Providing false or untruthful information to competent authorities and organizations;
d) Calling the emergency phone numbers (111, 113, 114, 115) or hotlines of agencies or organizations to harass, threaten, or offend others;
dd) Producing, storing, and transporting “sky lanterns;”
e) Designing, manufacturing, repairing, maintaining, testing aircraft, engines, propellers, and equipment of unmanned or ultralight aircraft without obtaining sufficient legal dossiers and documents granted by competent State agencies or without registration as prescribed;
g) Designing, manufacturing, repairing, maintaining, testing aircraft, engines, propellers, and equipment of unmanned or ultralight aircraft but failing to meet the requirement of human resources as stated in the permits issued by competent authorities;
h) Designing, manufacturing, repairing, maintaining, testing aircraft, engines, propellers, and equipment of unmanned or ultralight aircraft but failing to meet the requirements of equipment, means, tools, workshops, and grounds specified in the permits issued by competent authorities;
i) Designing, manufacturing, repairing, maintaining, testing aircraft, engines, propellers, and equipment of unmanned or ultralight aircraft but failing to meet the security and safety standards and environmental conditions as prescribed by the law provisions.
4. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following violations:
a) Facilitating, hiring, provoking, enticing, seducing, inciting others to cause perturbation and loss of public order;
b) Carrying around, possessing, or hiding rudimentary weaponry and tactical gear of all kinds or other tools and means capable of causing damage; objects and vehicles with the aim of disturbing public order or intentionally injuring others;
c) Abusing democratic rights and freedom of religion to facilitate, hire, provoke, entice, seduce, or incite others to infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals;
d) Causing perturbation or obstructing normal functioning of institutions and organizations;
dd) Organizing or participating in illegal crowded gatherings at Party offices, State agencies or restricted places and areas;
e) Dumping or throwing wastes, dirt, chemicals, bricks, soil, stones, sand or other objects into houses, places of residence, people, objects, assets of others, offices of agencies and organizations, workplaces, places of production and business, secured premises, and guard posts;
g) Illegally trespassing secured premises and guard posts;
h) Using unmanned or ultra-light aircraft to raise flags, hang banners, distribute leaflets, or carry loudspeakers beyond the allowable scope of the flight permits;
i) Writing, distributing, or circulating documents with distorted and fabricated contents affecting the reputation of agencies, organizations, and individuals, unless otherwise specified in Clause 1, Article 101 of Decree No. 15/2020/ND-CP dated February 3, 2020 of the Government providing for penalties for administrative violations against regulations on post, telecommunications, radio frequencies, information technology and electronic transactions.
5. A fine of between VND 5,000,000 and VND 8,000,000 shall be imposed for one of the following violations:
a) Intentionally injuring others or harming others’ health, but not being subject to penal liability;
b) Disturbing public order while carrying rudimentary weaponry, tactical gear or other potentially lethal tools, objects or means;
c) Filming, taking photos, drawing maps of restricted places and areas related to national defence and security;
d) Committing lewd acts with any person under 16 years of age, but not being subject to penal liability;
dd) Committing sexual harassment and assault;
e) Committing pornographic or sexually suggestive acts in public places;
g) Designing, manufacturing, repairing, maintaining, testing aircraft, engines, propellers, and equipment of unmanned or ultralight aircraft unconformable with the registered type and quality under the permits issued by competent authorities;
h) Using unmanned or ultralight aircraft to launch, shoot and drop from above harmful or dangerous objects or substances without permission.
6. A fine of between VND 6,000,000 and VND 8,000,000 shall be imposed for using unmanned aircraft and ultralight flying vehicles to film or take pictures from the air without permission.
7. A fine of between VND 8,000,000 and VND 10,000,000 shall be imposed for flying unmanned or ultralight aircraft unconformable with the flight permits issued by competent authorities.
8. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for flying unmanned or ultralight aircraft but failing to comply with orders and instructions of the agencies managing, operating, and supervising aviation activities.
9. A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for designing, manufacturing, repairing, maintaining, and testing aircraft, engines, propellers, and equipment of unmanned or ultralight aircraft without permits issued by competent authorities.
10. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for flying unmanned or ultralight aircraft without flight permits issued by competent authorities.
11. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for using unmanned or ultralight aircraft to obstruct or cause unsafety to other aircraft.
12. Administrative violations against regulations on general hygiene shall be imposed penalties as prescribed in the Government's Decree providing penalties for administrative violations against regulations on environmental protection and relevant legislation.
13. Additional penalties:
a) Confiscation of material evidence and means of administrative violation, for violations specified at Points a, d, dd and g, Clause 2; Point dd, Clause 3; Points b, e and i, Clause 4; Points a, b and c, Clause 5; Clauses 6 and 10 of this Article;
b) Deprivation of the establishments’ right to use the permits to design, manufacture, repair, maintain and test aircraft, engines, propellers, and equipment of unmanned or ultralight aircraft within a term of between 03 and 06 months, for violations specified at Points h and i, Clause 3 and Clause 9 of this Article;
c) Deprivation of the right to use the flight permits within a term of between 03 and 06 months, for violations specified in Clauses 6, 7, 8 and 11 of this Article;
d) Expulsion of foreigners who commit administrative violations specified at Points c, e and g, Clause 4 of this Article.
14. Remedial measures:
a) Forcible restoration of the original state, for violations specified at Point c, Clause 1, Point l, Clause 2 and Point e, Clause 4 of this Article;
b) Forcible correction of false or misleading information, for violations specified at Point a, Clause 3 and Point i, Clause 4 of this Article;
c) Forcible public apology, for the violations specified at Point a, Clause 3, and Points d and dd, Clause 5 of this Article, unless the victims waive in writing the apology to them;
d) Forcible implementation of remedial measures for environmental pollution, for violations specified at Point h, Clause 5 of this Article;
dd) Forcible payment of all expenses for medical examination and treatment, for violations specified at Point d of Clause 1, Point c of Clause 2, Point b of Clause 3, and Point a of Clause 5 of this Article.
Article 8. Violations against regulations on ensuring public tranquillity
1. A warning or a fine of between VND 500,000 and VND 1,000,000 shall be imposed for one of the following violations:
a) Causing loud noise, making noise or boisterousness in residential areas or public places from 10:00 p.m. to 6:00 a.m. in the following day.
b) Failing to comply with regulations on keeping quiet of hospitals, nursing homes, schools, or other places where keeping silence is a must;
c) Selling food and refreshments exceeding the time limits prescribed by the People’s Committees of provinces or centrally-run cities.
2. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for using loudspeakers, gongs, drums, whistles, horns, or other instruments to cheer in public places without permission of competent authorities.
3. Additional penalties:
Confiscation of material evidence and means of administrative violation, for violations specified in Clause 2 of this Article.
Article 9. Violations against regulations on registration and management of residence
1. A fine of between VND 500,000 and VND 1,000,000 shall be imposed for one of the following violations:
a) Failing to comply with regulations on registration of permanent or temporary residence, un-registration of permanent or temporary residence, household separation or adjustment of residential information in the residence database;
b) Failing to comply with regulations on notification of stay and declaration of temporary absence;
c) Failing to present household registration books, temporary residence books, confirmations of residential information, and other residence-related papers at the request of competent authorities.
2. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for one of the following violations:
a) Removing, altering or otherwise falsifying information of household registration books, temporary residence books, certifications of residential information, and other residence-related papers;
b) Buying, selling, renting, or leasing household registration books, temporary residence books, certifications of residential information, other residence-related papers with the attempt to commit acts against the law provisions;
c) Borrowing, lending, or using household registration books, temporary residence books, certifications of residential information, and other residence-related papers with the attempt to commit acts against the law provisions;
d) Having resided in a new lawful place of residence and meeting the conditions for residence registration, but failing to carry out the procedures for registering the change of the place of residence as prescribed by the law provisions;
dd) Running accommodation facilities, dormitories, medical treatment establishments, tourist accommodation establishments and other accommodation providers that fail to notify the stay of between 01 and 03 guests;
e) Provoking, inciting, enticing, seducing, brokering, or coercing others to violate the law provisions on residence.
g) Offering or accepting pledges which are household registration books, temporary residence books, residence-related papers and documents;
h) Destroying household registration books, temporary residence books, residence-related papers and documents.
3. A fine of between VND 2,000,000 and VND 4,000,000 shall be imposed for one of the following violations:
a) Allowing others to register residence at one’s place for profit;
b) Running accommodation facilities, dormitories, medical treatment establishments, tourist accommodation establishments and other accommodation providers that fail to notify the stay of between 04 and 08 guests;
c) Obstructing citizens from exercising their freedom of residence;
d) Giving or receiving bribes or brokering bribery in registration and management of residence.
4. A fine of between VND 4,000,000 and VND 6,000,000 shall be imposed for one of the following violations:
a) Providing untruthful information, papers and documents about residence in order to obtain permanent or temporary residence registration, declare residence information, be granted other residence-related papers or commit other illegal acts;
b) Forging or using forged papers, documents and data on residence in order to obtain permanent or temporary residence registration, declare residence information, be granted other residence-related papers or commit other illegal acts;
c) Forging or using forged household registration books or temporary residence books in order to obtain permanent or temporary residence registration, be granted other residence-related papers or commit other illegal acts;
d) Running accommodation facilities, dormitories, medical treatment establishments, tourist accommodation establishments and other accommodation providers that fail to notify the stay of 09 guests or more;
dd) Failing to declare temporary residence of foreigners as prescribed by the law provisions;
e) Obstructing or disobeying the inspection of permanent or temporary residence, or the inspection of accommodation at the request of competent authorities.
5. Additional penalties:
Confiscation of material evidence and means of administrative violation, for violations specified at Points a and h, Clause 2, and Points b and c, Clause 4 of this Article.
6. Remedial measure:
Forcible return of illegal profits obtained from committing administrative violations specified at Points b and g, Clause 2 and Point a, Clause 3 of this Article.
Article 10. Violations against regulations on issuance, management and use of people's identity documents, people's identity cards or citizen’s identity cards
1. A warning or a fine of between VND 300,000 and VND 500,000 shall be imposed for one of the following violations:
a) Failing to present people’s identity documents, people’s identity cards, citizen’s identity cards or certifications of identity card numbers at the request of competent persons;
b) Failing to comply with the law provisions on issuance, renewal, and re-issuance of citizen’s identity cards;
c) Failing to return people’s identity documents, people’s identity cards, or citizen’s identity cards to competent authorities upon termination or deprivation of Vietnamese nationality, or cancellation of decisions on granting Vietnamese nationality; failing to return people’s identity documents, people’s identity cards, or citizen’s identity cards to the custody or temporary detention agencies, the imprisonment sentence enforcement agencies, or the agencies that executes the decisions to send inmates to reformatories, compulsory education establishments, or compulsory detoxification establishments.
2. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for one of the following violations:
a) Appropriating or using people’s identity documents, people’s identity cards, citizen’s identity cards or certifications of identity card numbers of other persons;
b) Removing, altering, or otherwise falsifying the information of people’s identity documents, people’s identity cards, citizen’s identity cards or certifications of identity card numbers;
c) Destroying or intentionally damaging people’s identity documents, people’s identity cards, citizen’s identity cards or certifications of identity card numbers.
3. A fine of between VND 2,000,000 and VND 4,000,000 shall be imposed for one of the following violations:
a) Forging or using forged papers, documents, and data to obtain people’s identity documents, people’s identity cards, citizen’s identity cards or certifications of identity card numbers;
b) Providing untruthful information and documents in order to be granted the people’s identity documents, people’s identity cards, citizen’s identity cards or certifications of identity card numbers.
4. A fine of between VND 4,000,000 and VND 6,000,000 shall be imposed for one of the following violations:
a) Forging the people’s identity documents, people's identity cards, citizen’s identity cards or certifications of identity card numbers, but not being subject to penal liability;
b) Using forged people’s identity documents, people’s identity cards, citizen’s identity cards or certifications of identity card numbers;
c) Mortgaging, pledging, or accepting pledges which are people’s identity documents, people’s identity cards, or citizen’s identity cards;
d) Buying, selling, renting, or leasing people’s identity documents, people’s identity cards, or citizen’s identity cards;
dd) Borrowing or lending people’s identity documents, people’s identity cards, or citizen’s identity cards to commit illegal acts.
5. Additional penalty:
Confiscation of material evidence and means of administrative violation for the violations specified at Points b and c of Clause 2, Point a of Clause 3, and Points a, b, c, and d of Clause 4 of this Article.
6. Remedial measures:
a) Forcible return of people’s identity documents, people’s identity cards, citizen’s identity cards or certifications of identity card numbers, for the violations specified at Point a, Clause 2, and Point dd, Clause 4 of this Article;
b) Forcible return of illegal profits obtained from committing administrative violations specified at Points a, c, d and dd, Clause 4 of this Article.
Article 11. Violations against regulations on management and use of weaponry, explosives, explosive precursors, tactical gear, firecrackers and prohibited dangerous toys
1. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for one of the following violations:
a) Failing to comply or untimely and insufficiently complying with regulations on periodical inspection of equipped weaponry and tactical gear;
b) Failing to fully declare and register weaponry and tactical gear with competent authorities;
c) Violating the regime of preserving weaponry and tactical gear;
d) Using or allowing children to use prohibited dangerous toys;
dd) Circulating permits, confirmations, certifications, and certificates on management and use of weaponry, tactical gear and firecrackers that are no longer valid.
2. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for one of the following violations:
a) Destroying or intentionally damaging equipped weaponry or tactical gear;
b) Appropriating, exchanging, buying, selling, donating, presenting, borrowing, lending, renting, leasing, pledging, receiving as collateral all kinds of permits, confirmations, certifications, certificates related to weaponry, tactical gear, and firecrackers;
c) Forging permits, confirmations, certifications, certificates related to weaponry, tactical gear, and firecrackers;
d) Concealing or facilitating others or failing to report those who illegally invent, produce, carry, buy, sell, repair, export, import, store, transport, use or destroy weaponry, tactical gear, and firecrackers;
dd) Losing permits, confirmations, certifications, certificates related to weaponry, tactical gear, and firecrackers;
e) Using permitted weaponry or tactical gear but failing to comply with the law provisions;
g) Giving weaponry and tactical gear to people who are not eligible for using them as prescribed by the law provisions;
h) Assigning persons who do not meet the conditions prescribed by the law provisions to manage warehouses and storages of weaponry and tactical gear;
i) Failing to arrange warehouses or places to store weaponry and tactical gear as prescribed by the law provisions;
k) Intentionally providing untruthful information about the management of weaponry and tactical gear; failing to report, untimely reporting, concealing, or falsifying reported information about the loss thereof, accidents or incidents related to weaponry, explosives, explosive precursors, combat gear and firecrackers;
l) Failing to present or hand over permits, confirmations, certifications, or certificates related to weaponry, tactical gear, or failing to hand over weaponry, explosives, or tactical gear as prescribed by the law provisions;
m) Carrying weaponry and combat gear without certificates or permits to use them or certificates of their registration;
n) Giving explosive fireworks and firecrackers to agencies, organizations and individuals that do not satisfy the conditions prescribed by the law provisions;
o) Removing, altering, or falsifying the information of permits, confirmations, certifications, or certificates related to weaponry, tactical gear, and firecrackers.
3. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following violations:
a) Exchanging, giving, donating, depositing, borrowing, lending, renting, leasing, or pledging weaponry, tactical gear, explosive fireworks, smuggled fireworks, or gunpowder to illegally produce fireworks; parts, assemblies of weaponry and tactical gear, or scraps and waste products from weaponry, explosives, and tactical gear;
b) Transporting or destroying weaponry, explosives, explosive precursors, and tactical gear that fail to ensure safety or affect the environment, but not being subject to penal liability;
c) Failing to test, appraise, evaluate, and register weaponry and tactical gear in accordance with the law provisions on product quality control before being allowed to manufacture, trade and use such weaponry and tactical gear in Vietnam;
d) Illegally storing and transporting scraps and waste products of weaponry and tactical gear;
dd) Illegally transporting or storing prohibited dangerous toys;
e) Selling explosive precursors to organizations or enterprises when they have not been granted certificates of satisfaction of security and order conditions, certificates of eligibility for production of industrial explosives, or permits to trade in explosive precursors, or they have not obtained written approval of competent State authorities;
g) Losing equipped rudimentary weaponry or tactical gear;
h) Using weaponry or tactical gear without any permit;
i) Illegally using firecrackers and gunpowder;
k) Manufacturing, equipping, storing, transporting, and repairing weaponry and tactical gear with permits, but failing to comply with the law provisions.
4. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for one of the following violations:
a) Illegally manufacturing, equipping, storing, transporting, repairing, and using rudimentary weaponry and tactical gear; parts or assemblies of weaponry, tactical gear, or explosive accessories;
b) Appropriating rudimentary weaponry and tactical gear; parts or assemblies of weaponry, tactical gear, or explosive accessories;
c) Illegally manufacturing, storing, transporting, or using weaponry with features and effects similar to hunting rifles, rudimentary weaponry, sporting arms, or parts and assemblies to invent or manufacture weaponry and tactical gear with such similar features and effects;
d) Manufacturing, equipping, storing, transporting, repairing, using, appropriating hunting rifles, or parts and assemblies of hunting rifles;
dd) Illegally excavating, searching, and collecting weaponry, explosives, tactical gear, scraps and waste products of weaponry, explosives, and tactical gear;
e) Illegally transporting or storing firecrackers, gunpowder or materials and accessories for production of firecrackers;
g) Losing military weaponry or sporting arms;
h) Illegally sawing, cutting, perforating, or otherwise dismantling bombs, mines, bullets, grenades, explosives, torpedoes, naval mines, and other weapons;
i) Illegally instructing, training, or organizing training courses on how to make, manufacture, repair or use weaponry, tactical gear, and firecrackers in any form.
5. A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed for one of the following violations:
a) Illegally manufacturing, equipping, storing, transporting, repairing, and using military weaponry and sporting arms;
b) Appropriating military weaponry or sporting arms;
c) Illegally bringing weaponry, tactical gear, and firecrackers into and out of the territory of the Socialist Republic of Vietnam or bringing them into restricted places and areas, protected areas, and secured premises.
6. Administrative violations against regulations on management of explosives and explosive precursors as well as production and trade of explosives shall be handled and sanctioned in accordance with the Government's Decree providing penalties for administrative violations against regulations on chemicals and industrial explosives, the Government's Decree providing penalties for administrative violations in commercial activities, production and trading of counterfeits and contrabands, and consumer protection, and other relevant legal documents.
7. Additional penalties:
a) Confiscation of material evidence and means of administrative violation, for the violations specified at Points d and dd, Clause 1; Points a, b, c, e and g, Clause 2; Points a, c, d, dd, e, h, i and k clause 3; Points a, b, c, d, dd, e, h and i, Clause 4 and Clause 5 of this Article;
b) Deprivation of the right to use the permits or certificates of registration of weaponry and tactical gear within a definite term of 03 and 06 months, for the violations specified at Point e, Clause 2 of this Article;
c) Deprivation of the right to use permits, confirmations, certifications, and certificates of weaponry, tactical gear, and fireworks for between 09 and 12 months, for the violations specified at Point a of Clause 2, and Points b and k of Clause 3 of this Article.
8. Remedial measures:
a) Forcible implementation of remedial measures for environmental pollution, for the violations specified at Point b, Clause 3 of this Article;
b) Forcible return of illegal profits obtained from committing administrative violations specified at Points b and c, Clause 2; Points a, b, c, d, dd, e and k Clause 3; Points a, c, d, e and i, Clause 4 and Point a, Clause 5 of this Article;
c) Forcible return of permits, confirmations, certifications, and certificates of weaponry, tactical gear and firecrackers for the violations specified at Point o, Clause 2 of this Article.
Article 12. Violations against regulations on management of business lines subject to security and order conditions
1. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for one of the following violations:
a) Untimely making quarterly reports with untruthful or insufficient information about the situation and implementation results of security and order regulations as prescribed by the Ministry of Public Security;
b) Incorrectly or incompletely making management books or storing data about business activities against regulations of the Ministry of Public Security;
c) Failing to send a written notification enclosed with a copy of the certificate of satisfaction of security and order conditions to the police agency of the commune, ward, or township where the establishment is located after 05 days from the date the establishment starts operating;
d) Failing to send a written notification to the police agency that has issued the certificate of satisfaction of security and order conditions and the police of the commune, ward, or town where the establishment is located after 10 days from the date the establishment suspends its operation;
dd) Failing to send a written notification to the police agency that has issued the certificate of satisfaction of security and order conditions after 03 working days from the date the establishment acknowledges that such Certificate is lost;
e) A security guard service provider headquartered in another province or centrally-run city without sending a written notification attached with relevant documents to the police agency of the out-of-province commune, ward, or town where the security guard plan is deployed after 5 days;
g) Failing to issue or publicize the process and procedures for receiving seal production dossiers and seal carving prices at seal production establishments;
h) Failing to present the original certificates of satisfaction of security and order conditions for inspection upon the request of competent police agencies.
2. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for one of the following violations:
a) Failing to make quarterly reports on the situation and implementation results of security and order regulations to the police agency that has issued the certificate of satisfaction of security and order conditions;
b) Failing to make extraordinary reports on security and order-related incidents occurring at the business establishment to the police agency that has issued the certificate of satisfaction of security and order conditions and the police agency of commune, ward, or township where the business establishment operates;
c) Failing to make business operation management books suitable to the establishment’s business investment type or business line as prescribed by the law provisions;
d) Failing to develop plans to ensure security and order for jobs and professions which require security and order protection plans as prescribed by the law provisions;
dd) Failing to arrange warehouses to preserve raw materials, goods and business products or having warehouses that fail to meet the requirements as prescribed by the law provisions;
e) Employing staff who do not meet the working conditions and standards in business establishments subject to security and order conditions against the law provisions on jobs and professions requiring eligible employees;
g) Failing to fully comply with regulations on the responsibility for ensuring security and order when conducting conditional investment and business activities;
h) Failing to keep copies of the identity papers of pledgors as prescribed by the law provisions;
i) Providing the service of paintball shooting game to customers under 18 years of age;
k) Failing to arrange on-duty medical staff at the location where the service of paintball shooting game is provided in order to handle any possible incident that may occur during the game;
l) Failing to check and store copies of personal papers of customers who come to perform cosmetic surgery in accordance with the law provisions;
m) Failing to fully implement the process of checking and storing information of guests who stay in accommodations and people who visit staying guests as prescribed by the law provisions;
n) Failing to send a written notification to the police agency that has issued the certificate of satisfaction of security and order conditions after 03 working days from the date the business establishment changes the person in charge of its security and order.
3. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following violations:
a) Failing to fully maintain proper security and order conditions in the course of business activities;
b) Providing untruthful information in documents in order to apply for certificates of satisfaction of security and order conditions;
c) Forging dossiers and documents to apply for the certificates of satisfaction of security and order conditions;
d) Removing, altering, or falsifying the information of the certificates of satisfaction of security and order conditions or the certificates of security guard expertise;
dd) Lending, leasing, buying, and selling certificates of satisfaction of security and order conditions;
e) Doing business at the locations other than those stated in the certificates of satisfaction of security and order conditions;
g) Directly handing over seals to customers without transferring such seals to the competent police agencies for registration in accordance with the law provisions;
h) Providing designs of seals of agencies or organizations to unauthorized persons;
i) Accepting pledges which are assets without entering into pledge contracts as prescribed by the law provisions;
k) Accepting pledges which are assets without keeping such assets or failing to keep the original ownership certificates thereof at the business establishments during the pledge period, for assets that require ownership certificates as prescribed by the law provisions;
l) Accepting pledges which are assets owned by other persons without their valid powers of attorney for the pledgors to pledge their assets;
m) Selling or providing emergency vehicle equipment to those who are not permitted to use such equipment or otherwise obtain permits from competent authorities in accordance with the law provisions but failing to use the equipment in conformity with the permits;
n) Producing, importing, buying, and selling emergency vehicle audible and visual warning devices that exceed the sound and lighting levels prescribed by the law provisions;
o) Employing foreigners or overseas Vietnamese people to be in charge of security and order in security guard service providers, or to directly manage business activities, or to work as security guards;
p) Failing to equip or improperly equipping security guards with uniforms and insignias as prescribed by the law provisions;
q) Providing security guard services without signing contracts with the individuals or organizations hiring security guards;
r) Selling or supplying devices which can interfere with or disrupt mobile communications to agencies, organizations, or individuals, which has not been permitted or approved in writing by competent authorities;
s) Insufficiently using or failing to use security guards from security guard service providers at discos, prize-winning electronic games for foreigners or casinos in accordance with the law provisions;
t) Using security guards who have not been granted certificates of security guard expertise.
4. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for one of the following violations:
a) Conducting business in investment or business lines subject to security and order conditions when the certificates of satisfaction of security and order conditions have not been granted or have been revoked or when the right to use the certificates of satisfaction of security and order conditions is deprived;
b) Being irresponsible and leading to insecurity and disorder, law violations, unethical acts against Vietnam’s fine customs and traditions at business establishments under their direct management;
c) Producing seals for state agencies, organizations, or State positions when the seal sample transfer slips are not received from the seal sample registration agencies in accordance with the law provisions;
d) Providing pawn services or loans against asset with the interest rates exceed those prescribed by the Civil Code;
dd) Failing to register business lines subject to security and order conditions but providing loans against asset or other loans with the interest rates exceed those prescribed by the Civil Code;
e) Failing to preserve the pledged assets or preserving the pledged assets at the place other than that registered with the competent authorities;
g) Providing security guard services for illegal subjects, premises, or activities;
h) Failing to fully record information of customers in the management books made using the prescribed form and failing to keep copies of identity papers of customers when running casinos prize-winning electronic games for foreigners;
i) Buying, selling, importing military goods and products but failing to keep adequate records and documents as prescribed by the law provisions;
k) Selling or supplying military equipment or military products to subjects that have not been permitted or approved in writing by competent authorities.
5. A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed for one of the following violations:
a) Taking advantage of investment and business lines subject to security and order conditions to commit acts of infringing upon security and order, or in contravention of ethics, fine customs, and traditions of Vietnam;
b) Accepting pledges which are assets obtained from theft, fraud, appropriation, or crimes committed by other persons, but not being subject to penal liability;
c) Providing security guard services involving the use or threat of force in order to intimidate, obstruct or cause difficulties to the normal operation of agencies, organizations, or individuals, or infringe upon the lawful interests of agencies, organizations or individuals;
d) Using or threatening to use force or taking other measures that are not permitted by the law provisions to collect debts;
dd) Forging certificates of satisfaction of security and order conditions or certificates of security guard expertise;
e) Using forged certificates of satisfaction of security and order conditions or certificates of security guard expertise;
6. Additional penalties:
a) Deprivation of the right to use the permits, practicing certificates, certificates of satisfaction of security and order conditions for a definite term of between 03 and 06 months, for the violations specified at Point e Clause 3, and Points c, e, and g of Clause 4 of this Article;
b) Deprivation of the right to use the permits, practicing certificates, certificates of satisfaction of security and order conditions for a definite term of between 06 and 09 months, for violations specified at Points h and q Clause 3; Point d Clause 4, and Clause 5 of this Article;
c) Suspend operation from 06 months to 09 months, for establishments that commit acts of violation specified at Point q, Clause 3; Point a, Clause 4 of this Article;
d) Confiscation of material evidence and means of administrative violation, for violations specified at Points b, c, h, m, n and r, Clause 3; Points c and k, Clause 4; and Points b, dd and e, Clause 5 of this Article;
dd) Deportation of foreigners who commit administrative violations specified in Clauses 3, 4 and 5 of this Article.
7. Remedial measures:
a) Forcible return of illegal profits obtained from committing the violations specified at Points dd, i, k, 1, m, n and r, Clause 3; Points d, dd and k, Clause 4; and Point b, Clause 5 of this Article;
b) Forcible return of certificates of satisfaction of security and order conditions, certificates of security guard expertise, for the violations specified at Point d, Clause 3 of this Article.
Article 13. Violations against regulations on management and use of seals
1. A fine of between VND 500,000 and VND 1,000,000 shall be imposed for one of the following violations:
a) Failing to carry out re-issuance procedures when the seal sample registration certificate is lost;
b) Failing to carry out the procedures for exchanging the seal sample registration certificate and returning the previously issued seal sample registration certificate to the seal sample registration agency when the seal sample registration certificate is damaged;
c) Failing to notify the seal sample to relevant agencies or organizations before using the seal;
d) Failing to issue internal regulations on management and use of seals within the agencies or organizations that own the seals.
2. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed for one of the following violations:
a) Arbitrarily taking the seal out of the premise of the agency or organization without permission of the concerned State position or the head of such agency or organization;
b) Failing to re-register the seal sample as prescribed by the law provisions;
c) Disobeying the inspection of seals or failing to present the seals or seal sample registration certificates upon request of the seal sample registration agencies;
d) A State agency, organization or position failing to send written notification to the agency that has issued the seal sample registration certificate and the police office of the commune, ward, or township where the seal is lost after more than 02 working days from the date the seal is found lost,
3. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following violations:
a) Failing to surrender seals under decisions of the competent authorities or the seal sample registration agencies;
b) Stamping seals on documents and papers that have not been signed by competent persons or signed by unauthorized persons;
c) Borrowing, lending, renting, leasing, pledging, mortgaging, buying, selling seals, or illegally destroying seals; using seals of other agencies or organizations;
d) Using expired seals;
dd) Intentionally distorting or modifying information on registered seals;
e) Forging seal sample registration certificates;
g) Using seals whose samples have not yet been registered;
h) Failing to return seals and seal sample registration certificates when the decisions on the separation, merger, or consolidation of competent authorities take effect, or the certificates of operation registration, operation permits have been revoked, or the operations are suspended, or the competent authorities send notices requesting the handover of such seals in accordance with the law provisions;
i) Removing, altering, and falsifying information on the seal sample registration certificates.
4. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following violations:
a) Forging dossiers to make extra seals of State agencies, organizations, or positions;
b) Forging seals or using forged seals;
c) Appropriating or illegally trading in seals;
d) Illegally destroying seals.
5. Additional penalties:
a) Confiscation of material evidence and means of administrative violation, for the violations specified at Points c, e and g, Clause 3 and Points a and b, Clause 4 of this Article;
b) Deportation of foreigners who commit administrative violations specified in Clauses 3 and 4 of this Article.
6. Remedial measures:
a) Forcible return of seals and seal sample registration certificates, for the violations specified at Point b, Clause 2; Points a, d and dd, Clause 3; and Point c, Clause 4 of this Article;
b) Forcible cancellation of documents and papers improperly stamped with seals, for violations specified at Point b, Clause 3 of this Article;
c) Forcible return of illegal profits obtained from committing violations specified at Point c, Clause 3 and Point c, Clause 4 of this Article;
d) Forcible return of the seal sample registration certificates, for violations specified at Point i, Clause 3 of this Article.
Article 14. Violations against regulations on execution of criminal judgments and enforcement of administrative sanctions
1. A warning or a fine of between VND 500,000 and VND 1,000,000 shall be imposed for one of the following violations:
a) Failing to perform obligations of the persons subject to corrections in the communes, wards, or townships; persons who have been granted amnesty; persons who have finished imprisonment sentences as prescribed by the law provisions;
b) Violating regulations on the observance of corrections in communes, wards, or townships; sending to reformatories; compulsory education establishments; or compulsory detoxification establishments.
2. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for one of the following violations:
a) Violating regulations on the observance of preventive and coercive measures: emergency arrest, arrest, custody, temporary detention, bail, ban from leaving the place of residence, bail bond, exit postponement, escort and delivery of prisoners, property distraint, account freeze, or committing acts of violating other preventive or coercive measures as prescribed by the law provisions;
b) Violating regulations on the observance of custody and temporary detention measures; violating regulations on the execution of fines, asset confiscation and expulsion.
3. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed for one of the following violations:
a) A person entitled to the postponement of imprisonment failing to appear at the summons of the criminal judgment execution agency or the commune-level People's Committee;
b) A person who is temporarily suspended from serving the imprisonment sentence failing to comply with the delivery of him/her from a prison, detention camp or criminal judgment execution agency of a district-level police agency to commune-level People's Committees;
c) A person who is temporarily suspended from serving the imprisonment sentence failing to make reports at the request of the commune-level People's Committee;
d) A person entitled to a suspended sentence failing to appear at the summons of the judgment enforcement agency or the commune-level People's Committee;
dd) A person entitled to a suspended sentence failing to commit to serving the sentence;
e) A person entitled to a suspended sentence failing to appear at review meetings; failing to make reports on his/her execution of the sentence;
g) A person serving a non-custodial sentence failing to appear at the summons of the judgment enforcement agency or the commune-level People's Committee;
h) A person serving a non-custodial sentence failing to commit to serving the sentence;
i) A person serving a non-custodial sentence failing to make reports on his/her execution of the sentence;
k) A person serving a non-custodial sentence failing to appear at the review meetings;
l) A person serving a non-custodial sentence failing to fulfil the obligation to pay the withheld income;
m) A person serving a non-custodial sentence failing to perform a number of community services under the decision of the criminal judgment enforcement agency;
n) A person on probation failing to perform his/her obligations as prescribed by the law provisions;
o) A person on probation failing to appear at the request of the criminal judgment execution agency or the commune-level People's Committee of the place of probation, without plausible reasons;
p) A person on probation failing to commit to serving the sentence;
q) A person on probation failing to present and make reports to the commune-level People's Committee as prescribed by the law provisions;
r) A person banned from leaving his/her place of residence failing to appear at the request of the commune-level People's Committee;
s) A person banned from leaving his/her place of residence failing to commit to serving the sentence;
t) A prisoner granted conditional release failing to present his/herself at the commune-level People's Committee of his/her place of residence after being conditionally released before the prison term;
u) A prisoner granted conditional release failing to commit to perform his/her obligations;
v) A prisoner granted conditional release failing to appear at the request of the criminal judgment execution agency or the commune-level People's Committee;
x) A prisoner granted conditional release failing to appear at the review meetings;
y) A prisoner granted conditional release failing to make reports as prescribed by the law provisions.
4. A fine of between VND 3,000,000 and VND 4,000,000 shall be imposed for one of the following violations:
a) A person entitled to the postponement of imprisonment leaving his/her the place of residence without the consent of the commune-level People's Committee or the commune-level police agency;
b) A person entitled to postponement of imprisonment failing to appear at the criminal judgment execution agency after the period of postponement expires, or at the request of a competent agency;
c) A person who is temporarily suspended from serving an imprisonment sentence failing to appear at the place where he/she is serving his/her sentence before the sentence is temporarily suspended, or at the criminal judgment execution agency of his/her place of residence after the period of suspension from serving the imprisonment sentence expires, or at the request of a competent authority;
d) A person sentenced to imprisonment but released on bail failing to appear at the judgment enforcement agency within the prescribed time limit after there is decision on enforcement of his/her sentence;
dd) A person serving a suspended sentence leaving his/her place of residence without asking for permission or without the consent of the commune-level People's Committee, or being absent from his/her place of residence beyond the permitted time limit;
e) A person serving a suspended sentence changing his/her place of residence without the consent of the competent authorities;
g) A person on probation leaving his/her place of probation without the consent of the competent person or leaving the place of probation beyond the permitted time limit without plausible reasons;
h) A prisoner granted conditional release failing to obey the management of the commune-level People's Committee;
i) A prisoner granted conditional release leaving his/her place of residence without asking for permission or without the consent of the commune-level People's Committee; being absent from the place of residence beyond the permitted time limit;
k) A prisoner granted conditional release changing his/her place of residence without the consent of the competent authorities;
l) A person subject to prohibition of residence residing in places where they have been prohibited from residing, without permission or beyond the permitted time limit;
m) A person serving a non-custodial sentence leaving his/her place of residence without asking for permission or without the consent of the commune-level People's Committee or being absent from the place of residence beyond the permitted time limit;
n) A person serving a non-custodial sentence changing his/her place of residence without the consent of the competent authorities;
o) A person deprived of some civil rights exercising the deprived rights;
p) A person prohibited from holding some certain positions, practicing certain professions, or doing certain jobs failing to perform his/her obligations as prescribed by the law provisions;
q) A prisoner granted conditional release failing to perform his/her obligations during the parole period.
Article 15. Violations against regulations on causing damage to assets of other organizations and individuals
1. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed for one of the following violations:
a) Stealing asset, trespassing residential areas, warehouses, or other places under the management of others for the purpose of stealing or appropriating assets;
b) Publicly appropriating assets;
c) Using fraudulent tricks or fleeing to appropriate assets or intentionally failing to return assets borrowed or rented from other persons or received under contracts with other persons at the time such assets must be returned, even though it is possible to return the assets;
d) Failing to return assets borrowed or rented from other persons or received under contracts with other persons, but using such assets for illegal purposes leading to the impossibility to return the assets;
dd) Being irresponsibility and causing damage to assets of the State, agencies, organizations, and enterprises.
2. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following violations:
a) Destroying or intentionally damaging assets of individuals or organizations, unless otherwise specified at Point b, Clause 3, Article 21 of this Decree;
b) Using tricks or creating circumstances to force other persons to give money or assets;
c) Committing frauds or deceiving others when brokering or introducing services of buying and selling houses, land, or other assets;
d) Buying, selling, storing, or using assets of other persons knowing that such assets are illegally obtained;
dd) Illegally using, buying, selling, mortgaging, pledging or appropriating assets of other persons;
e) Appropriating assets, but not being subject to penal liability.
3. Additional penalties:
a) Confiscation of material evidence and means of administrative violation, for the violations specified at Points a, b, c and d, Clause 1, and Points a, b, c and dd, Clause 2 of this Article;
b) Deportation of foreigners who commit administrative violations specified in Clauses 1 and 2 of this Article.
4. Remedial measures:
a) Forcible return of illegal profits obtained from committing violations specified at Points c, d and dd, Clause 2 of this Article;
b) Forcible return of illegally seized assets, for violations specified at Points dd and e, Clause 2 of this Article;
c) Forcible restoration of the original state, for violations specified at Point a, Clause 2 of this Article.
Article 16. Violations against regulations on rotating savings and credit associations (ho, hui, bieu, phuong)
1. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for one of the following violations:
a) Failing to notify the members of the change of his/her place of residence;
b) Failing to fully notify about the number of “ho, hui, bieu, phuong” (rotating savings and credit association, hereinafter referred to as ROSCA), drawing slots, opening time of meetings, members of each ROSCA he/she is running to those who want to join the ROSCA;
c) Failing to make a written agreement on the ROSCA or making a written record without the main contents as prescribed by the law provisions;
d) Failing to make ROSCA registries;
dd) Failing to pay the money to the member who claim the money withdrawal at each meeting;
e) Failing to allow members to see or copy the registry and failing to provide information related to the ROSCA upon request;
g) Failing to give the receipts to members when contributing money to the ROSCA, receiving money at each meeting, receiving, or paying interests, or performing other related transactions.
2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following violations:
a) Failing to notify in writing the People's Committee of the commune-level locality where he/she resides of his/her ROSCA in which each member contributes an amount of VND 100,000,000 or more at each meeting;
b) Failing to notify in writing the commune-level People's Committee in his/her place of residence of the organization of two ROSCAs or more.
3. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for one of the following violations:
a) Abusing the ROSCA to lend money with the interest rates exceeding those prescribed by the Civil Code;
b) Organizing ROSCAs to illegally raise funds.
4. Remedial measures:
Forcible return of illegal profits obtained from committing violations specified in Clause 3 of this Article.
Article 17. Violations against regulations on protection of public works, security, and order works
1. A fine of between VND 500,000 and VND 1,000,000 shall be imposed for arbitrarily moving signs, signposts, and signboards of agencies or organizations.
2. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for one of the following violations:
a) Arbitrarily moving or dismantling telephone and telegraph poles, light poles, fences of State agencies or other public works;
b) Dismantling, destroying or otherwise damaging signs, signposts, and signboards of agencies or organizations;
c) Destroying or damaging assets and objects in secured premises or guard posts; climbing or otherwise causing impact on the gates, doors, fences of secured premises or guard posts without permission.
3. Additional penalties:
a) Confiscation of material evidence and means of administrative violation, for the violations specified in Clauses 1 and 2 of this Article;
b) Deportation of foreigners who commit administrative violations specified in Clause 2 of this Article.
4. Remedial measures:
Forcible restoration of the original state, for the violations specified in Clauses 1 and 2 of this Article.
Article 18. Violations against regulations on exit, entry, transit, residence, and travel
1. A warning or a fine of between VND 300,000 and VND 500,000 shall be imposed on foreigners traveling in the Vietnamese territory without carrying their passports, travel documents, papers of international travel value, papers issued to foreigners entering into, exiting from, or residing in Vietnam, or ABTCs.
2. A fine of between VND 500,000 and VND 2,000,000 shall be imposed for one of the following violations:
a) Failing to notify the competent authorities of the loss or damage of passports, travel documents, papers of international travel value, papers issued to foreigners entering into, exiting from, or residing in Vietnam, or ABTCs;
b) Making false statements in order to be granted, extended, or renewed passports or travel documents or to report the loss of passports or travel documents; making false statements to be granted papers of international travel value, papers issued to foreigners entering into, exiting from, or residing in Vietnam, or ABTCs;
c) A foreigner entering areas which requires permits as prescribed by the State without such permits, or traveling beyond the permitted scope and time limit;
d) Failing to present passports, travel documents, papers of international travel value, papers issued to foreigners entering into, exiting from, or residing in Vietnam, or ABTCs at the request of competent Vietnamese authorities or persons; failing to obey the request of competent Vietnamese agencies and persons on search of persons, means of transport, objects, and places where material evidence and means of administrative violation are hidden;
dd) A foreigner using a temporary residence certificate, temporary residence extension, or temporary residence card or failing to re-new permanent residence card in Vietnam less than 16 days after the expiry date thereof without the permission of the competent authorities.
3. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following violations:
a) Crossing national borders without undergoing exit and entry procedures as prescribed by the law provisions;
b) Destroying, erasing, removing, altering, or falsifying the form and information of passports, travel documents, papers of international travel value; papers issued to foreigners entering into, exiting from, or residing in Vietnam or ABTCs;
c) Giving, donating, renting, leasing, pledging, or accepting as pledge passports, travel documents, papers of international travel value; papers issued to foreigners entering into, exiting from, or residing in Vietnam or ABTCs;
d) Allowing others to use passports, travel documents, papers of international travel value; papers issued to foreigners entering into, exiting from, or residing in Vietnam or ABTCs to commit illegal acts;
dd) Using passports, travel documents, papers of international travel value; papers issued to foreigners entering into, exiting from, or residing in Vietnam or ABTCs of other persons for entry, exit, transit, residence or to commit other illegal acts;
e) A foreigner using a temporary residence certificate, temporary residence extension, or temporary residence card or failing to re-new permanent residence card in Vietnam from 16 to less than 30 days after the expiry date thereof without the permission of the competent authorities;
g) A foreigner who has been granted a permanent residence card changing his/her address and failing to declare it in order to re-issue the card; a foreigner who enters a border-gate economic zone or coastal economic zone under the visa exemption traveling to other places in Vietnam without a Vietnamese visa as prescribed by the law provisions;
h) A tourist accommodation establishment which is a hotel failing to connect via the internet or computer network to the immigration management agency of the police department of the province or municipality in order to transmit information about declarations of temporary residence of foreigners;
i) An accommodation establishment allowing foreigners to stay overnight but failing to declare temporary residence or update information about the temporary residence declarations as prescribed; a foreigner failing to provide or providing untruthful information to the accommodation establishment so as to make his/her temporary residence declaration in accordance with the law provisions.
4. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following violations:
a) Using forged passports, travel documents, papers of international travel value; papers issued to foreigners entering into, exiting from, or residing in Vietnam or ABTCs;
b) A foreigner using a temporary residence certificate, temporary residence extension, or temporary residence card or failing to re-new permanent residence card in Vietnam from 30 to less than 60 days after the expiry date thereof without the permission of the competent authorities;
5. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for one of the following violations:
a) A foreigner entering, doing jobs, or engaging in other activities in Vietnam without permission of a competent Vietnamese agency;
b) A foreigner using a temporary residence certificate, temporary residence extension, or temporary residence card or failing to re-new permanent residence card in Vietnam from 60 to less than 90 days after the expiry date thereof without the permission of the competent authorities;
c) Buying and selling passports, travel documents, papers of international travel value; papers issued to foreigners entering into, exiting from, or residing in Vietnam or ABTCs.
6. A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for one of the following violations:
a) Carrying out procedures to invite or guarantee foreigners to enter into, exit from, or reside in Vietnam but failing to comply with the responsibilities as prescribed by the law provisions or making false statements when carrying out such procedures;
b) A foreigner entering Vietnam with the purpose or to participate in the program other than that he/she has stated in the application for his/her visa, temporary residence card or temporary residence extension;
c) Forging dossiers and papers to obtain passports, travel documents, papers of international travel value; papers issued to foreigners entering into, exiting from, or residing in Vietnam or ABTCs;
d) A foreigner using a temporary residence certificate, temporary residence extension, or temporary residence card or failing to re-new permanent residence card in Vietnam in more than 90 days after the expiry date thereof without the permission of the competent authorities;
dd) An agency or organization employing foreigners but failing to carry out procedures for inviting or guaranteeing them for visas or temporary residence cards, other than the cases subject to change of purpose as prescribed by the law provisions.
7. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for one of the following violations:
a) Forging passports, travel documents, papers of international travel value; papers issued to foreigners entering into, exiting from, or residing in Vietnam or ABTCs;
b) Entering or staying at an embassy, consulate, diplomatic mission, consular office or headquarters of an international agency or organization located in Vietnam without permission of such agency or organization;
c) A foreigner residing in areas where foreigners are prohibited from residing;
d) An owner, manager, or driver of any kind of vehicles transporting foreigners into or out of Vietnam illegally;
dd) Organizing, brokering, assisting, instigating, harbouring, concealing, facilitating others to exit, stay abroad, enter, stay in Vietnam, or cross the borders illegally.
e) A foreigner failing to obey with a competent authority's decision on forced exit from Vietnam and continuing to reside in Vietnam.
8. Additional penalties:
a) Confiscation of material evidence and means of administrative violation, for the violations specified at Points b, c and d, Clause 3; Point a, Clause 4; Point a, Clause 5; Point c, clause 6; Points a, d, Clause 7 of this Article;
b) Deportation of foreigners who commit administrative violations specified in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article.
9. Remedial measures:
Forcible return of illegal profits obtained from committing violations specified at Point c, Clause 3, and Points a and c, Clause 5 of this Article.
Article 19. Violations against regulations on protection of State secrets
1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for one of the following violations:
a) Failing to promulgate regulations and intramural rules on protection of State secrets in agencies, organizations, and localities in accordance with the law provisions;
b) Copying, photographing, storing, transporting, delivering, or receiving documents and objects containing State secrets against the law provisions;
c) Failing to recover documents and objects containing State secrets as prescribed by the law provisions;
d) Bringing documents and objects containing State secrets out of the place of storage for work without the permission of a competent person;
dd) Failing to hand over documents or objects containing State secrets upon resignation, job transfer, retirement, or not being assigned to continue managing State secrets;
e) Using State secrets for improper purposes;
g) Determining documents that do not contain State confidential information as State secrets, affixing a seal indicating confidentiality on documents that do not contain State confidential information against the law provisions;
h) Improperly determining the confidentiality against the law provisions;
i) Failing to determine the confidentiality or affix a seal indicating confidentiality as prescribed by the law provisions.
2. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following violations:
a) Collecting State secrets against the law provisions;
b) Failing to take measures to prevent and remedy consequences when the disclosure or loss of State secrets occurs;
c) Failing to notify competent authorities or persons when the disclosure or loss of State secrets occurs;
d) Failing to remove State secrets when changing the purpose of using computers and other equipment that have been used for drafting, storing, and exchanging State secrets;
dd) Destroying documents and objects containing State secrets against the law provisions.
3. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following violations:
a) Drafting and storing documents containing State confidential information on computers or other devices that have been connected before or are being connected to the Internet, computer networks or telecommunications networks against the law provisions;
b) Using equipment capable of receiving, transmitting signals, recording sound, recording video, or other forms in conferences, seminars, or meetings with involving State secrets without permission of competent persons;
c) Falsifying or damaging documents or objects containing State secrets;
d) Providing or transferring State secrets against the law provisions;
dd) Entering a place for storing or preserving State secrets or filming, taking pictures, drawing diagrams of the location of storing or preserving State secrets without permission of a competent person.
4. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for one of the following violations:
a) Exposing State secrets; losing documents and objects containing State secrets, but not being subject to penal liability;
b) Posting or spreading State secrets on the mass media, the Internet, computer networks and telecommunications networks against the law provisions;
c) Transmitting State secrets on media or telecommunications against the law provisions.
5. Additional penalties
Confiscation of material evidence and means of administrative violation for the violations specified at Points b and dd, Clause 3 of this Article.
6. Remedial measures:
a) Forcible return of documents or objects containing State secrets, for the violations specified at Points b, d, dd and e, Clause 1; Point a, Clause 2; and Point d, Clause 3 of this Article;
b) Forcible recovery of documents or objects containing State secrets, for the violations specified at Point c, Clause 1 of this Article;
c) Forcible removal of State secret documents, for the violations specified at Point a, Clause 3, and Points b and c, Clause 4 of this Article;
d) Forcible restoration of the original state, for the violations specified at Point c, Clause 3 of this Article.
Article 20. Violations against regulations on management and use of uniforms, insignias, badges, identification numbers, People's Public Security identity cards or other papers which are solely used by the People's Public Security Forces
1. A fine of between VND 500,000 and VND 1,500,000 shall be imposed for illegally possessing or using uniforms, insignias, badges, identification numbers, People's Public Security identity cards or other papers which are solely used by the People's Public Security Forces.
2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for illegally buying, selling, or exchanging uniforms, insignias, badges, identification numbers, People's Public Security identity cards or other papers which are solely used by the People's Public Security Forces.
3. A fine of between VND 10,000,000 and VND 30,000,000 shall be imposed for illegally manufacturing or forging uniforms, insignias, badges, identification numbers, People's Public Security identity cards or other papers which are solely used by the People's Public Security Forces.
4. Additional penalties:
a) Confiscation of material evidence and means of administrative violation, for the violations specified in Clauses 1, 2 and 3 of this Article;
b) Deportation of foreigners who commit administrative violations specified in Clauses 1, 2 and 3 of this Article.
5. Remedial measures:
Forcible return of illegal profits obtained from committing violations specified in Clauses 2 and 3 of this Article.
Article 21. Acts of obstructing, resisting inspection, examination and control of official-duty performers or bribing official-duty performers
1. A fine of between VND 1,000,000 and VND 4,000,000 shall be imposed for the acts of brokering or joining hands with violators to evade the inspection, examination and control of official-duty performers.
2. A fine of between VND 4,000,000 and VND 6,000,000 shall be imposed for one of the following violations:
a) Obstructing or failing to comply with the request of inspection, examination, control or other duties of official-duty performers as prescribed by the law provisions;
b) Having words or actions threatening, abusing or insulting the honor and dignity of official-duty performers;
c) Organizing, instigating, assisting, enticing or inciting others to not comply with the inspection, examination and control of official-duty performers.
3. A fine of between VND 6,000,000 and VND 8,000,000 shall be imposed for one of the following violations:
a) Using force or threatening to use force against official-duty performers;
b) Causing damage to the assets and means of state agencies or official-duty performers;
c) Giving money, assets, other material benefits or non-material benefits as briberies to official-duty performers.
4. Remedial measures:
Forcible public apology for the violations specified at Point b, Clause 2 of this Article.
Article 22. Violations against regulations on construction, management and use of national population database, residence database, citizen identification database
1. A fine of between VND 2,000,000 and VND 4,000,000 shall be imposed for the acts of intentionally failing to provide, or incompletely or untruthfully providing or forging information, papers and documents in service of construction, collection, updating, management, exploitation and use of the National Population Database, Residence Database, Citizen Identification Database.
2. A fine of between VND 4,000,000 and VND 6,000,000 shall be imposed for one of the following violations:
a) Falsifying books, records, papers, documents, data and information about citizens in the National Population Database, Residence Database, and Public Identification Database;
b) Exploiting and using data and information about citizens in the National Population Database, Residence Database, and Citizen Identification Database without the consent of the data subject;
c) Obstructing or preventing or interrupting the process of transmitting, sending and receiving data in the National Population Database, Residence Database, and Citizen Identification Database.
3. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for one of the following violations:
a) Illegally providing or exploiting information about citizens in the National Population Database, Residence Database, and Citizen Identification Database;
b) Deliberately disclosing secret citizen information in the National Population Database, Residence Database, and Citizen Identification Database.
4. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for one of the following violations:
a) Illegally accessing, altering, deleting, destroying or disseminating information in the National Population Database, Residence Database, and Citizen Identification Database;
b) Destroying technical infrastructure, transmission lines and equipment serving the normal operation of the management agency of the National Population Database.
5. Additional penalties:
Confiscation of material evidence and means used to commit the administrative violations, for the violations specified at Point a, Clause 3 and Clause 4 of this Article.
6. Remedial measures:
Forcible return of illegal profits obtained from committing violations specified in Clauses 2, 3 and 4 of this Article.
SECTION 2. ADMINISTRATIVE VIOLATIONS ON
PREVENTION OF SOCIAL EVILS
Article 23. Violation against regulations on drug prevention, fighting and control
1. A warning or a fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for the act of illegally using narcotics.
2. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for one of the following violations:
a) Illegally storing, transporting or appropriating narcotics but not to the extent of being examined for penal liability;
b) Storing, transporting, trading in or appropriating pre-substances used for the illegal production of narcotics;
c) Producing, storing, transporting or trading means and tools used for the illegal production or use of narcotics.
3. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of planting poppy plants, cannabis plants, coca plants, catha edulis and other plants containing narcotics.
4. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for one of the following violations:
a) The heads, legal representatives, persons assigned to manage business or service establishments, managers of means of transportation or other individuals responsible for managing restaurants, accommodation renting facilities, clubs, karaoke business, discotheque business, video game business, and means of transportation permit the illegal storing, trading, and use of narcotics in the areas and means under their management;
b) Brokering, assisting or other acts to help others illegally use narcotics.
5. A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed for any of the following violations:
a) Providing locations and means for others to illegally use, store, and trade narcotics;
b) Committing violations against regulations on export, import, temporary import for re-export, temporary export for re-import, transit of narcotic substances, narcotic drugs, psychotropic drugs and drug precursors;
c) Committing violations against regulations on research, assessment, inspection, testing, production, preservation and storage of narcotic substances and drug precursors;
d) Committing violations against regulations on delivery, receipt, storage and transportation of narcotic substances, narcotic drugs, psychotropic drugs, drug precursors;
dd) Committing violations against regulations on distribution, trading, use and exchange of narcotic drugs, narcotic drugs, psychotropic drugs and drug precursors;
e) Committing violations against regulations on management, control and storage of narcotics, narcotic drugs, psychotropic drugs, precursors at border gates, border areas and at sea;
g) Performing drug addiction treatment beyond the scope of activities stated in the license for voluntary drug addiction treatment.
6. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for the acts of lending, leasing, transferring or using the license for voluntary drug addiction treatment for other purposes.
7. A fine of between VND 50,000,000 and VND 75,000,000 shall be imposed for the act of organizing voluntary drug addiction treatment without being registered or licensed for operation.
8. Additional penalties:
a) Confiscation of material evidence and means used to commit the administrative violations, for the violations specified in Clauses 1,2, 3, 4, 5, 6 and 7 of this Article;
b) Deprivation of the right to use the license, practice certificate or certificate of satisfaction of security and order conditions for a period of between 06 and 12 months, for the violations specified at Point a, Clause 4 and Clause 6 of this Article;
c) Suspension of operation for a period of between 3 and 6 months, for the violations specified at Points b and g, Clause 5 of this Article;
d) Deportation of foreigners who commit the administrative violations specified in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article.
9. Remedial measures:
Forcible return of illegal profits obtained from committing the violations specified in Clause 6 of this Article.
Article 24. Paying for sexual conducts
1. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for the act of paying for sexual conducts.
2. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for the act of paying for sexual conducts with 02 persons or more at the same time.
3. Additional penalties:
Confiscation of material evidence and means used to commit the administrative violations, for the violations specified in Clauses 1 and 2 of this Article.
Article 25. Offering paid sexual conducts
1. A warning or a fine of between VND 300,000 and VND 500,000 shall be imposed for the act of offering paid sexual conducts.
2. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for the act of offering paid sexual conducts to 02 persons or more at the same time.
3. Additional penalties:
a) Confiscation of material evidence and means used to commit the administrative violations, for the violations specified in Clauses 1 and 2 of this Article;
b) Deportation of foreigners who commit the administrative violations specified in Clauses 1 and 2 of this Article.
4. Remedial measures:
Forcible return of illegal profits obtained from committing the violations specified in Clauses 1 and 2 of this Article.
Article 26. Other acts related to prostitution
1. A warning or a fine of between VND 300,000 and VND 500,000 shall be imposed for the acts of having or offering paid sexual intercourse or sexual stimulation.
2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the acts of concealing and protecting prostitution.
3. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the acts of assisting, enticing, instigating, abusing or forcing others to engage in prostitution.
4. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for one of the following violations:
a) Using force or threatening to use force to protect and maintain prostitution activities;
b) Contributing money and assets to use for the purpose of prostitution;
c) Brokering prostitution activities.
5. A fine of between VND 50,000,000 and VND 75,000,000 shall be imposed for any of the acts of abusing positions, powers and prestige to protect and maintain prostitution activities.
6. Remedial measures:
Forcible return of illegal profits obtained from committing violations specified in Clauses 1, 2, 3, 4 and 5 of this Article.
Article 27. Acts of taking advantage of business and services to engage in prostitution
1. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the acts of exploiting prostitution and other sexual activities as a business method.
2. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed on the heads, legal representatives or persons assigned to manage the business or service establishment if prostitution, pornography and sexual stimulation occur at the establishment under their management.
3. Additional penalties:
a) Deprivation of the right to use the Certificate of satisfaction of security and order conditions for a period of between 06 and 12 months, for the violations specified in Clauses 1 and 2 of this Article;
b) Deportation of foreigners who commit the violations specified in Clauses 1 and 2 of this Article.
4. Remedial measures:
Forcible return of illegal profits obtained from committing the violations specified in Clause 1 of this Article.
Article 28. Illegal gambling
1. A fine of between VND 200,000 and VND 500,000 shall be imposed for buying lottery numbers.
2. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for one of the following violations:
a) Illegally gambling in one of the following forms such as Xoc Dia, Ta La, To Tom, poker, Tam Cuc (tradditional Vietnamese gambling games), three-card poker, four colour card game, red and black, chess, catte, Chinese poker, Vietnamese card game (with 13 cards), cock fighting, Chinese dice game or other forms with the aim of winning or losing with money, property or kind;
b) Gambling with illegal machines or electronic games;
c) Illegally betting in sports competitions, entertainment or other activities.
3. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for one of the following violations:
a) Illegally receiving deposits, pawnbroking, lending at casinos or other gambling places;
b) Selling lottery numbers or boards, other publications for the lottery, or giving them to another person for commission;
c) Aiding and concealing illegal gambling activities;
d) Protecting illegal gambling spots;
dd) Owners, managers of video game consoles, owners of business establishments, managers of video game establishments or other business and service establishments are irresponsible for the occurrence of gambling activities at establishments under their management.
4. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the acts of organizing gambling as follows:
a) Inciting, enticing and gathering other people to gamble illegally;
b) Using the houses, accommodations, means or other locations that they own or manage to harbor gambling;
c) Illegally placing slot machines or video games;
d) Organizing illegal money-making betting activities.
5. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for one of the acts of organizing the illegal lottery as follows:
a) Acting as a banker;
b) Organizing the production and distribution of illegal lottery sheets or other printed matters used for illegal lottery playing;
c) Organizing network for sales of illegal lottery;
d) Organizing the betting in sports competition activities, entertainment or in the other forms to play gambling for money.
6. Additional penalties:
a) Confiscation of material evidence and means used to commit the administrative violations, for the violations specified in Clause 1; Clause 2; Points a and b, Clause 3; Points b, c and d Clause 4 and Clause 5 of this Article;
b) Suspension of operation for a period of between 6 and 12 months, for the violations specified at Point dd, Clause 3 of this Article;
c) Deportation of foreigners who commit the administrative violations specified in Clauses 1, 2, 3, 4 and 5 of this Article.
7. Remedial measures:
Forcible return of illegal profits obtained from committing the violations specified in Clause 1; Clause 2; Points a and b, Clause 3; Points b, c and d Clause 4 and Clause 5 of this Article.
Section 3
ADMINISTRATIVE VIOLATIONS ON FIRE PREVENTION AND FIGHTING; RESCUE AND SALVAGE
Article 29. Violations against regulations in promulgating, disseminating and implementing internal regulations, signs, prohibition signs, diagrams and signboards on fire prevention and fighting and rescue
1. A warning or a fine of between VND 100,000 and VND 300,000 shall be imposed for one of the following violations:
a) Failing to fully comply with regulations on fire prevention and fighting and rescue of persons or competent agencies;
b) Posting rules, signs, prohibition signs, diagrams and signboards on fire prevention and fighting, and rescue in places where the visibility is obscured or where they are ineffective;
c) Failing to post signs, prohibition signs and signboards on fire prevention and fighting in accordance with the prescribed standards and forms.
2. A fine of between VND 300,000 and VND 500,000 shall be imposed for one of the following violations:
a) Failing to post signs, prohibition signs, diagrams and signboards on fire prevention and fighting; prohibition and warning signs in dangerous areas and places as prescribed by the law provisions;
b) Failing to comply with regulations on fire prevention and fighting and rescue of persons or competent agencies;
c) Failing to disseminate regulations on fire prevention and fighting and rescue to people within the scope of their management;
d) Promulgating internal regulations on fire prevention and fighting and rescue that fail to include sufficient contents as prescribed or are not suitable with the operation characteristics and nature of the establishment.
3. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for failure to post up regulations on fire prevention and fighting and rescue.
4. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for failure to have or having regulations on fire prevention and fighting and rescue against the State’s legal documents.
Article 30. Violations against regulations on safety inspection of fire prevention and fighting and rescue
1. A fine of between VND 300,000 and VND 500,000 shall be imposed for failure to fully or promptly fulfill or fail to comply with the written requests on fire prevention and fighting and rescue of competent agencies.
2. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following violations:
a) Failing to organize the implementation of documents instructing and directing on fire prevention and fighting and rescue issued by competent agencies;
b) Failing to comply with the written requests on fire prevention and fighting and rescue of competent agencies;
c) Failing to present dossiers and documents serving the safety inspection of fire prevention and fighting and rescue;
d) Failing to arrange a competent and responsible person to work with the person competent to inspect after receiving the notice of the safety inspection of fire prevention and fighting and rescue;
dd) Failing to self-check the safety of fire prevention and fighting and rescue as prescribed by the law provisions;
e) Failing to send reports on results of safety inspection on fire prevention and fighting as prescribed by the law provisions.
3. A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed for failure to comply with the decision on temporary suspension of operation in accordance with the law on fire prevention and fighting.
4. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for failure to comply with the decision on suspension of operation in accordance with the law on fire prevention and fighting.
Article 31. Violations against regulations on records of management and monitoring of fire prevention and fighting and rescue activities
1. A fine of between VND 300,000 and VND 500,000 shall be imposed for one of the following violations:
a) Failing to have sufficient documents in records of management and monitoring of fire prevention and fighting and rescue activities as prescribed by the law provisions;
b) Failing to update and supplement records of management and monitoring of fire prevention and fighting and rescue activities.
2. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for failure to make records of management and monitoring of fire prevention and fighting and rescue activities.
Article 32. Violations against regulations on fire prevention and fighting in management, preservation and use of substances and goods at risk of fire and explosion
1. A warning or a fine of between VND 100,000 and VND 300,000 shall be imposed for failure to have books and records of monitoring and management of substances and goods at risk of fire and explosion.
2. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for the acts of preserving, placing, arranging, piling substances or goods at risk of fire or explosion at improper places or in excess of quantity or volume or at improper distance, not in group of substances or goods at risk of fire and explosion as prescribed by the law provisions.
3. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for the act of using equipment and means of containing substances or goods at risk of fire and explosion without certificate of inspection results or without ensuring the safety conditions on fire prevention and fighting as prescribed by the law provisions.
4. A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed for the act of illegally storing substances or goods at risk of fire and explosion.
5. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for the act of illegally bringing substances or goods at risk of fire and explosion into crowded places.
6. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for the act of illegally using substances or goods at risk of fire and explosion.
7. Additional penalties:
a) Confiscation of material evidence and means used to commit the administrative violations, for the violations specified in Clauses 3, 4, 5 and 6 of this Article;
b) Deportation of foreigners who commit the administrative violations specified in Clauses 4, 5 and 6 of this Article.
8. Remedial measures:
Forcible preservation, arrangement, arrangement and reduction of quantity of goods at risk of fire and explosion according to regulations, for the violations specified in Clause 2 of this Article.
Article 33. Violations against regulations on fire prevention and fighting in production and trading of substances and goods at risk of fire and explosion
1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for one of the following violations:
a) Failing to take or maintain ventilation measures as prescribed by the law provisions;
b) Failing to install anti-static equipment or systems or installing anti-static equipment and systems that do not meet the requirements as prescribed by the law provisions.
2. A fine of between VND 8,000,000 and VND 15,000,000 shall be imposed for one of the following violations:
a) Failing to install devices to detect and handle leaks of substances and goods at risk of fire and explosion to the surrounding environment;
b) Failing to formulate plans to deal with incidents of breaking of tanks, equipment, pipelines containing, storing, transporting substances and goods at risk of fire and explosion.
3. A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed for one of the following violations:
a) Producing, trading, splitting, extracting, or adding substances and goods at risk of fire and explosion without permits;
b) Splitting, extracting, adding substances and goods at risk of fire and explosion at the wrong places or splitting, extracting and adding substances and goods at risk of fire and explosion into containers of the wrong type or not suitable for substances and goods at risk of fire and explosion.
4. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for the acts of producing and trading in substances or goods at risk of fire and explosion on the list of banned business.
5. Additional penalties:
a) Confiscation of material evidence and means used to commit the administrative violations, for the violations specified in Clauses 3 and 4 of this Article;
b) Suspension of operation for a period of between 3 and 6 months, for the violations specified at Point b, Clause 3 and Clause 4 of this Article.
6. Remedial measures:
a) Forcible implementation of ventilation measures as prescribed, for the violations specified at Point a, Clause 1 of this Article;
b) Forcible installation and operation of anti-static equipment and systems according to regulations, for the violations specified at Point b, Clause 1 of this Article;
c) Forcible installation and equipping of devices to detect and handle leaks of substances or goods at risk of fire and explosion, for the violations specified at Point a, Clause 2 of this Article.
Article 34. Violations against regulations on transportation of goods at risk of fire and explosion
1. A warning or a fine of between VND 100,000 and VND 300,000 shall be imposed for failure to peel or remove the logo of dangerous goods at risk of fire and explosion attached to means of transportation when such goods have been removed from the means of transportation.
2. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for one of the following violations:
a) Failing to arrange goods at risk of fire and explosion on the means of transportation in accordance with the law provisions;
b) Failing to carry the transport permit when transporting goods at risk of fire and explosion.
3. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following violations:
a) Failing to fully maintain conditions on fire prevention and fighting safety when using motor vehicles to transport goods at risk of fire and explosion during transportation;
b) Transporting other goods together with goods at risk of fire and explosion on the same means of transport without permission of competent agencies;
c) Carrying unauthorized persons on the means of transporting goods at risk of fire and explosion;
d) Losing the license to transport dangerous goods of fire and explosion without notifying competent agencies.
4. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for failure to post up the logo of dangerous goods of fire and explosion on the means of transportation.
5. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for one of the following violations:
a) Transporting goods at risk of fire and explosion in excess of the quantity, volume, or type specified in the permit;
b) Transporting goods at risk of fire and explosion without a permit to transport dangerous goods of fire and explosion;
c) Using a fake permit to transport goods at risk of fire and explosion;
d) Erasing, modifying, or falsifying the contents of the permit to transport dangerous goods of fire and explosion;
dd) Failing to comply with the conditions on fire prevention and fighting safety or failing to follow the instructions of the competent operator when loading, unloading, pumping or transferring dangerous goods of fire or explosion out of the means of transportation;
e) Failing to take or fail to maintain fire prevention and fighting safety measures for equipment and pipelines transporting flammable and explosive gases and liquids as prescribed by the law provisions;
g) Loading, unloading, pumping and transferring goods at risk of fire and explosion at places that do not meet the safety conditions for fire prevention and fighting;
h) Loading, unloading, pumping and transferring dangerous goods at risk of fire and explosion that are on the way to another vehicle without permission of competent agencies.
6. Additional penalties:
Confiscation of material evidence and means used to commit the administrative violations, for the violations specified at Points b, c and d, Clause 5 of this Article.
7. Remedial measures:
a) Forcible reduction of quantity, volume or type of goods at risk of fire and explosion as prescribed, for the violations specified at Point a, Clause 5 of this Article;
b) Forcible relocation of goods at risk of fire and explosion to warehouses or locations as prescribed, for the violations specified at Point g, Clause 5 of this Article;
c) Forcible re-submission of the permit to transport goods at risk of fire and explosion, for the violations specified at Point d, Clause 5 of this Article.
Article 35. Violations against regulations on fire prevention and fighting in the management and use of fire sources, heat sources, fire- and heat-generating tools or electronic devices
1. A warning or a fine of between VND 100,000 and VND 300,000 shall be imposed for the acts of bringing matches, lighters, mobile phones, fire sources, heat sources, fire- and heat-generating equipment and tools into prohibited places as prescribed.
2. A fine of between VND 300,000 and VND 500,000 shall be imposed for using fire sources, heat sources, fire- and heat-generating equipment and tools without ensuring a safe distance for fire prevention and fighting as prescribed by the law provisions.
3. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for using fire sources, heat sources, fire- or heat-generating tools or electrical and electronic equipment in prohibited places as prescribed.
4. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for welding or cutting metal without taking measures to ensure safety in fire prevention and fighting as prescribed by the law provisions.
Article 36. Violations against regulations on fire prevention and fighting in electricity installation, management and use
1. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for one of the following violations:
a) Changing the design or key parameters of the electrical system and electrical equipment without the approval of competent agencies;
b) Installing and using electrical conductors and cables or switching and protecting devices or equipment using electricity that fail to ensure fire prevention and fighting safety as prescribed by the law provisions.
2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following violations:
a) Using electrical equipment that does not meet the requirements for explosion prevention as prescribed in a dangerous environment of fire and explosion;
b) Failing to have or fail to ensure a backup power source for the fire prevention and fighting system and related technical systems as prescribed by the law provisions.
3. A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed for failure to install electrical systems and equipment in service of fire prevention and fighting requirements and rescue in accordance with law provisions.
4. Remedial measures:
Forcible installation of electrical systems in service of fire prevention and fighting and rescue, for the violations specified in Clause 3 of this Article.
Article 37. Violations against regulations on fire prevention and fighting safety in installation, inspection and maintenance of lightning protection systems
1. A warning or a fine of between VND 100,000 and VND 300,000 shall be imposed for failure to make records of monitoring lightning protection systems as prescribed by the law provisions.
2. A fine of between VND 300,000 and VND 500,000 shall be imposed for failure to periodically inspect lightning protection systems as prescribed by the law provisions.
3. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for failure to remedy errors and damage that make lightning protection systems ineffective.
4. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for the act of installing lightning protection systems that fail to meet requirements for lightning protection.
5. A fine of between VND 10,000,000 and VND 25,000,000 shall be imposed for failure to install lightning protection systems for houses and works subject to the installation of lightning protection systems as prescribed by the law provisions.
6. Remedial measures:
a) Forcible remedy of errors and damage of the lightning protection systems, for the violations specified in Clause 3 of this Article;
b) Forcible installation of the lightning protection systems in accordance with regulations, for the violations specified in Clauses 4 and 5 of this Article.
Article 38. Violations against regulations on fire prevention and fighting in investment and construction
1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for failure to take measures and means to ensure fire prevention and fighting safety during the course of construction in accordance with law provisions.
2. A fine of between VND 8,000,000 and VND 15,000,000 shall be imposed for one of the following violations:
a) Failing to construct in accordance with the fire prevention and fighting design approved by competent agencies;
b) Renovating, changing the use properties of the works or converting motor vehicles without a certificate or written approval of the fire prevention and fighting design;
c) Erasing, modifying, falsifying the contents of the certificate of approval, the document on appraisal and approval, the written approval of the acceptance results or other documents related to the appraisal, approval and acceptance of fire prevention and fighting issued by competent agencies.
3. A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed for one of the following violations:
a) Constructing works subject to fire prevention and fighting appraisal and approval without a certificate or written approval of fire prevention and fighting design;
b) Manufacturing motor vehicles subject to fire prevention and fighting appraisal and approval without a certificate or written approval of fire prevention and fighting design.
4. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for putting work items, works, or motor vehicles into use or operation without a written approval of the acceptance results on fire prevention and fighting.
5. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for putting work items, constructions or motor vehicles into use or operation without a certificate or written approval of fire prevention and fighting design.
6. Remedial measures:
a) Forcible appraisal and approval of fire prevention and fighting, for the violations specified at Point b, Clause 2 and Clause 3 of this Article;
b) Forcible acceptance of fire prevention and fighting, for the violations specified in Clause 4 of this Article;
c) Forcible appraisal, approval and acceptance of fire prevention and fighting, for the violations specified in Clause 5 of this Article;
d) Forcible return of the certificate of appraisal and approval, document of appraisal and approval, written approval of acceptance results of the fire prevention and fighting, for the violations specified at Point c, Clause 2 of this Article.
Article 39. Violations against regulations on distance of fire prevention and fighting safety
1. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for one of the following violations:
a) Placing and arranging supplies and goods withou ensuring the safe distance for fire prevention and fighting in accordance with law provisions;
b) Failing to organize industrial hygiene as prescribed, causing an environment at risk of fire and explosion.
2. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for the acts of building or installing fire-resistance walls, partitions, doors and other fire prevention solutions that fail to satisfy the requirements as prescribed by the law provisions.
3. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the acts of making ceilings, floors, partitions, roofs or leaving flammable materials in unauthorized places.
4. A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed for one of the following violations:
a) Failing to clean up flammable substances in the safety corridor of oil, gas and petroleum product pipelines;
b) Building houses and works that fail to ensure the safe distance for fire prevention and fighting as prescribed by the law provisions;
c) Building houses or works in the forest or on the edge of the forest without ensuring the safety distance and corridor for fire prevention and fighting as prescribed by the law provisions.
5. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for one of the following violations:
a) Failing to build fire-resistance walls, partitions, doors and take fire prevention solutions as prescribed by the law provisions;
b) Failing to maintain solutions to prevent fire spread as prescribed by the law provisions.
6. Remedial measures:
Forcible implementation of measures to prevent fire spread in accordance with law provisions, for the violations specified at Point b, Clause 5 of this Article.
Article 40. Violations against regulations on escape in fire prevention and fighting
1. A fine of between VND 500,000 and VND 1,000,000 shall be imposed for the acts of installing mirrors on the escape route or installing escape doors that do not open in the direction of escape.
2. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for one of the following violations:
a) Placing and arranging supplies, goods, means of transport and other objects obstructing the escape route;
b) Removing or damaging or invalidating emergency lighting equipment, escape instructions, instruction diagrams, signs, and signboards on fire prevention and fighting on escape routes;
c) Failing to install diagrams, signs, and signboards on fire prevention and fighting on the exits;
d) Failing to inspect and maintain emergency lighting equipment and escape instructions;
dd) Failing to maintain the regular operation mode of emergency lighting equipment and escape instructions.
3. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for one of the following violations:
a) Failing to install emergency lighting equipment and emergency exit instructions on the emergency exits or installing such equipment and instructions with insufficient brightness, improper specifications as prescribed by the law provisions or in ineffective situation;
b) Installing escape doors, escape routes, escape stairs and escape ways with insufficient size and quantity as prescribed by the law provisions.
4. A fine of between VND 5,000,000 and VND 15,000,000 shall be imposed for one of the following violations:
a) Locking, inserting, blocking escape doors;
b) Failing to maintain smoke protection for houses and works as prescribed by the law provisions.
5. A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed for the act of making escape routes or ways ineffective.
6. Remedial measures:
Forcible restoration of the original state, for the violations specified at Point b, Clause 2; Clauses 4 and 5 of this Article.
Article 41. Violations against regulations on fire-fighting plan, rescue and salvage plan
1. A warning or a fine of between VND 100,000 and VND 300,000 shall be imposed for failure to manage the fire-fighting plan as prescribed by the law provisions.
2. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for one of the following violations:
a) Formulating the fire-fighting plan, and rescue and salvage plan that fail to meet the requirements and contents as prescribed by the law provisions;
b) Failing to send the plan or report on the results of practicing the fire-fighting plan to the direct management agency as prescribed by the law provisions;
c) Failing to send the rescue and salvage plan to competent management agencies.
3. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed for one of the following violations:
a) Using the fire-fighting plan, rescue and salvage plan that have not been approved as prescribed by the law provisions;
b) Failing to organize drills in order of situations in the fire-fighting plan as prescribed by the law provisions;
c) Failing to arrange participants or provide necessary documents and information related to the formulation of the fire-fighting plan at the request of competent agencies.
4. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following violations:
a) Failing to formulate the fire-fighting plan, and rescue and salvage plan;
b) Failing to organize periodic or ad-hoc drills of the fire-fighting plan, and rescue and salvage plan as prescribed by the law provisions;
c) Failing to arrange forces and means under their management to practice the fire-fighting plan when mobilized by competent persons.
Article 42. Violations against regulations on information on fire, incident and accident alarming
1. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for one of the following violations:
a) Failing to have means or equipment for fire commands or alarming as prescribed by the law provisions;
b) Failing to replace broken or ineffective fire alarming means or equipment.
2. A fine of between VND 4,000,000 and VND 6,000,000 shall be imposed for one of the following violations:
a) Failing to give fire, incident or accident alarming, or preventing or obstructing the fire, incident or accident alarming;
b) Giving false fire alarming; reporting false incidents or accidents.
Article 43. Violations against regulations on declaring fire prevention and fighting database and reporting incidents
1. A warning or a fine of between VND 100,000 and VND 300,000 shall be imposed for the act of improperly or incompletely updating the database on fire prevention and fighting as prescribed by the law provisions.
2. A fine of between VND 500,000 and VND 1,500,000 shall be imposed for failure to maintain the regular operation of incident reporting equipment as prescribed by the law provisions.
3. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for failure to update the database on fire prevention and fighting as prescribed by the law provisions.
4. A fine of between VND 5,000,000 to VND 10,000,000 shall be imposed for failure to install the incident reporting equipment as prescribed by the law provisions.
5. Remedial measures:
a) Forcible updating of the database on fire prevention and fighting as prescribed by the law provisions, for the violations specified in Clauses 1 and 3 of this Article;
b) Forcible maintenance of the regular operation of the incident reporting equipment, for the violations specified in Clause 2 of this Article.
Article 44. Violations against regulations on equipment, preservation and use of fire prevention and fighting means
1. A warning or a fine of between VND 100,000 and VND 300,000 shall be imposed for one of the following violations:
a) Obscuring or obstructing the access to fire prevention and fighting means;
b) Using common fire-fighting means that do not meet the quality standards as prescribed by the law provisions;
c) Failing to compile records of management of fire prevention and fighting and rescue means.
2. A fine of between VND 500,000 and VND 1,500,000 shall be imposed for one of the following violations:
a) Failing to periodically inspect and maintain fire prevention and fighting systems and means;
b) Failing to maintain personal protective equipment and clothing and fire extinguishing agents as prescribed by the law provisions;
c) Equipping fire prevention and fighting means in in an insufficient or inconsistent manner as prescribed by the law provisions;
d) Failing to equip motor vehicles with common fire-fighting means as prescribed by the law provisions;
dd) Losing, damaging or inactivating common fire-fighting means, fire extinguishing agents, communication equipment and tools in service of fire-fighting.
3. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following violations:
a) Equipping, installing and using fire prevention and fighting means that have not been tested for fire prevention and fighting as prescribed by the law provisions;
b) Equipping fire prevention and fighting means that are not suitable with the fire and explosion hazard of establishments as prescribed by the law provisions;
c) Using fire-fighting means at the standing locations for fire-fighting for other purposes;
d) Using fire-fighting water sources for wrong purposes or failing to store enough fire-fighting water as prescribed by the law provisions;
dd) Moving or changing the installation locations of fire prevention and fighting means in contradiction with the design approved by the competent agency;
e) Failing to equip common fire-fighting means for motor vehicles transporting goods at risk of fire and explosion as prescribed by the law provisions.
4. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following violations:
a) Failing to equip common fire-fighting means for houses, works or motor vehicles with special requirements on ensuring fire prevention and fighting safety for passenger transport as prescribed by the law provisions;
b) Losing, damaging or inactivating motorized fire-fighting means, fire alarming and fire-fighting systems;
c) Failing to maintain the permanent operation mode of motorized fire-fighting means, fire alarming and fire fighting systems equipped as prescribed by the law provisions;
d) Erasing, correcting, falsifying the contents of the certificate of inspection of fire prevention and fighting means.
5. A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed for one of the following violations:
a) Failing to equip and install fire alarming and fire fighting systems as prescribed by the law provisions;
b) Failing to equip motorized fire fighting means as prescribed by the law provisions.
6. Remedial measures:
a) Forcible restoration of the original state, for the violations specified at Point b, Clause 4 of this Article;
b) Forcible return of the certificate of inspection of fire prevention and fighting means, for the violations specified at Point d, Clause 4 of this Article.
Article 45. Violations against regulations on fire fighting, rescue and salvage
1. A warning or a fine of between VND 100,000 and VND 300,000 shall be imposed for the act of entering the fire fighting, rescue or salvage areas without permission of competent persons.
2. A fine of between VND 300,000 and VND 500,000 shall be imposed for failure to rescue people or assets or extinguish fire in a timely manner.
3. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for one of the following violations:
a) Failing to fully prepare forces, means, water sources and other conditions for fire fighting, rescue and salvage as prescribed by the law provisions;
b) Failing to comply with the order of the commander of fire fighting, rescue and salvage;
c) Failing to comply with the order of the competent person to mobilize the participation in fire fighting, rescue and salvage;
d) Failing to arrange and maintain fire-fighting elevators and fire-fighting control rooms as prescribed by the law provisions.
4. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for any of the following violations:
a) Obstructing the operation of fire fighting, rescue and salvage forces and means;
b) Failing to participate in taking remedy fire consequences at the request of competent persons;
c) Failing to participate in the protection of fire field as prescribed;
d) Failing to arrange and maintain traffic roads, parking lots and access routes for fire-fighting forces and motor vehicles as prescribed.
5. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for one of the following violations:
a) Failing to organize the escape, rescue or fire fighting;
b) Taking advantage of fire fighting, rescue and salvage to harm the health and lawful property of citizens and property of the State.
Article 46. Violations against regulations on propaganda and dissemination of laws and knowledge, training and retraining of professional skills in fire prevention and fighting, and rescue
1. A warning or a fine of between VND 100,000 and VND 300,000 shall be imposed for the act of damaging banners, slogans, panels, posters, pictures to propagate and promote fire prevention and fighting.
2. A fine of between VND 500,000 and VND 1,500,000 shall be imposed for one of the following violations:
a) Failing to organize propaganda and dissemination of law and knowledge on fire prevention and fighting and rescue as prescribed by the law provisions;
b) Employing a person as a grassroots and specialized fire fighting force, operator, worker or servant on motor vehicles transporting passengers with more than 29 seats or on motor vehicles transporting goods at risk of fire or explosion, or worker in an environment at risk of fire or explosion or in frequent contact with goods at risk of fire or explosion but such person has not yet been granted a certificate of training in fire prevention and fighting or has an expired certificate of training in fire prevention and fighting;
c) Employing a person to perform full-time rescue tasks but such person has not yet been granted a certificate of training in rescue operations or has an expired certificate of training in rescue operations;
d) Organizing training and retraining in fire prevention and fighting, rescue and salvage that do not ensure the contents and duration as prescribed by the law provisions.
3. A fine of between VND 1,500,000 and VND 3,000,000 shall be imposed for failure to organize professional training in fire prevention and fighting, and rescue as prescribed by the law provisions.
Article 47. Violations against regulations on establishment, organization and management of grassroots and specialized fire prevention and fighting teams
1. A warning or a fine of between VND 100,000 and VND 300,000 shall be imposed for one of the following violations:
a) Failing to ensure the number of people on duty for fire prevention and fighting as prescribed by the law provisions;
b) Failing to properly use the fire prevention and fighting equipment provided at establishments.
2. A fine of between VND 300,000 and VND 500,000 shall be imposed for failure to organize watches at the establishment or at locations requiring an on-duty person as prescribed by the law provisions.
3. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for one of the following violations:
a) Establishing grassroots or specialized fire brigades with insufficient number of members as prescribed by the law provisions;
b) Failing to manage or maintain the operation of grassroots or specialized fire brigades as prescribed by the law provisions;
c) Failing to equip or inadequately equipping fire equipment to grassroots or specialized fire brigades as prescribed by the law provisions;
d) Failing to send staff to join the grassroots fire brigades as prescribed by the law provisions.
4. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for failure to participate in fire prevention and fighting activities at the request of a competent person.
5. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for failure to establish grassroots fire brigades as prescribed by the law provisions.
6. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for failure to establish specialized fire brigades as prescribed by the law provisions.
Article 48. Violations against regulations on fire safety service business
1. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for the act of providing fire safety services without a practicing certificate in fire prevention and fighting suitable to the business activities as prescribed by the law provisions.
2. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for one of the following violations:
a) Employing a person without a practicing certificate in fire prevention and fighting to engage in the provision of fire safety services, if a practicing certificate is required;
b) Removing, altering, or falsifying the information on the practicing certificate, the certificate of eligibility for providing fire safety services;
c) Failing to return the certificate of eligibility for providing fire safety services when the fire safety services are no longer provided;
d) Failing to maintain adequate conditions in terms of personnel, facilities, vehicles and equipment to provide fire safety services after being granted a Certificate of eligibility for providing fire safety services;
dd) Issuing a record of inspection of fire safety equipment for those that are not specified in the list of equipment approved for inspection by a competent agency;
e) Issuing a record of inspection of fire safety equipment when the inspection process prescribed by the competent agency is not strictly followed.
3. A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed for one of the following violations:
a) Providing fire safety services without having a certificate of eligibility for providing fire safety services as prescribed by the law provisions;
b) Providing fire safety services unconformable to those specified in the certificate of eligibility for providing fire safety services;
c) Issuing an inspection record when the inspection is in fact not performed or untruthfully performed.
4. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for one of the following violations:
a) Producing and trading in fire safety equipment and vehicles that do not conform to technical specifications as stated in the Certificate of inspection of fire safety equipment issued by a competent authority;
b) Putting fire safety equipment into circulation without being tested as prescribed by the law provisions.
5. Additional penalties:
Deprivation of the right to use the certificate of eligibility for providing fire safety services within a definite term of between 03 and 06 months, for the violations specified at Point b, Clause 3 of this Article.
6. Remedial measures:
a) Forcible recall of fire safety equipment and vehicles, for the violations specified at Points a and b, Clause 4 of this Article;
b) Forcible revocation of the certificate of eligibility for providing fire safety services, for the violations specified at Points c and d, Clause 2 of this Article;
c) Forcible revocation of inspection records, for the violations specified at Point c, Clause 3 of this Article;
d) Forcible return of the practicing certificate or certificate of eligibility for providing fire safety services, for the violations specified at Point b, Clause 2 of this Article.
Article 49. Violations against regulations on compulsory fire and explosion insurance
1. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for one of the following violations:
a) Buying compulsory fire and explosion insurance against the principles and premium norms for compulsory fire and explosion insurance as prescribed by the law provisions;
b) Failing to issue a certificate of compulsory fire and explosion insurance or issuing such certificate with insufficient contents as prescribed by the law provisions.
2. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed on the establishment which is required to purchase compulsory fire and explosion insurance as prescribed by the law provisions but fails to purchase it.
3. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for failure to deduct and contribute compulsory fire and explosion insurance premiums to the funds for fire prevention and fighting activities as prescribed by the law provisions.
Article 50. Violations against regulations on fire and explosion prevention and fighting at households
1. A warning or a fine of between VND 100,000 and VND 300,000 shall be imposed for violating fire safety regulations leading to fire or explosion and causing property damage worth from VND 50,000,000 to less than VND 100,000,000.
2. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for one of the following violations:
a) Violating fire safety regulations leading to fire or explosion and causing property damage worth over VND 100,000,000;
b) Violating fire safety regulations causing injury or harm to the health of 01 person, and his/her impairment rating is less than 61%;
c) Violating fire safety regulations causing injury or harm to the health of 02 persons or more, and the total impairment rating of such persons is less than 61%.
3. Remedial measures:
Forcible payment of all expenses for medical examination and treatment, for the violations specified at Points b and c, Clause 2 of this Article.
Article 51. Violations causing fires and explosions
1. A warning or a fine of between VND 100,000 and VND 300,000 shall be imposed for violating fire safety regulations leading to fire or explosion and causing property damage worth less than VND 20,000,000.
2. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for violating fire safety regulations leading to fire or explosion and causing property damage worth from VND 20,000,000 to less than VND 50,000,000.
3. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for violating fire safety regulations leading to fire or explosion and causing property damage worth from VND 50,000,000 to less than VND 100,000,000.
4. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following violations:
a) Violating fire safety regulations leading to fire or explosion and causing property damage worth over VND 100,000,000;
b) Violating fire safety regulations causing injury or harm to the health of 01 person, and his/her impairment rating is less than 61%;
c) Violating fire safety regulations causing injury or harm to the health of 02 persons or more, and the total impairment rating of such persons is less than 61%.
5. Remedial measures:
Forcible payment of all expenses for medical examination and treatment, for the violations specified at Points b and c, Clause 4 of this Article.
Section 4
ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON DOMESTIC VIOLENCE PREVENTION AND CONTROL
Article 52. Acts of infringing upon the health of family members
1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the acts of beating and causing injury to family members.
2. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for one of the following violations:
a) Using tools, vehicles, or other items to cause injury to family members;
b) Failing to promptly take the victim to the emergency room for treatment in case the victim needs to be treated in time or failing to take care of the victim while the victim is being treated for an injury caused by an act of domestic violence unless the victim refuses.
3. Remedial measures:
a) Forcible public apology upon the victim's request, for the violations specified in Clauses 1 and 2 of this Article;
b) Forcible payment of all expenses for medical examination and treatment, for the violations specified in Clause 1 and Point a, Clause 2 of this Article.
Article 53. Acts of persecution and ill-treatment of family members
1. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for one of the following violations:
a) Mistreating family members, such as forcing them to fast or abstain from drinking or forcing them to suffer the freezing weather, wear torn clothes, or refusing to give or restricting personal hygiene;
b) Neglecting and failing to take care of family members who are elderly, weak, disabled, or pregnant or women who are raising children.
2. Remedial measures:
Forcible public apology upon the victim’s request, for the violations specified in Clause 1 of this Article.
Article 54. Acts of offending the honour and dignity of family members
1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the acts of verbally abusing, humiliating, or insulting family members, thus offending their honour and dignity.
2. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for one of the following violations:
a) Exposing or spreading materials and documents belonging to family members' secrets in order to offend their honour and dignity;
b) Using media to offend the honour and dignity of family members;
c) Disseminating and distributing leaflets, articles, and images to offend the honour and dignity of victims.
3. Remedial measures:
a) Forcible public apology upon the victim’s request, for the violations specified in Clauses 1 and 2 of this Article;
b) Forcible withdrawal of documents, documents, leaflets, articles, and images, for the violations specified at Points a and c, Clause 2 of this Article.
Article 55. Acts of isolating, sending out or applying psychological pressure on a regular basis
1. A warning or a fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following violations:
a) Prohibiting family members from leaving the house, preventing family members from meeting relatives and friends or having legal and healthy social relationships, in an effort to isolate and put them under constant psychological pressure;
b) Preventing family members from exercising the right to work;
c) Preventing family members from participating in lawful and healthy social activities.
2. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the act of forcing family members to witness violence against persons or animals.
3. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for one of the following violations:
a) Forcing family members to perform erotic acts or to use aphrodisiacs;
b) Sexually inciting or physically abusing a family member.
4. Remedial measures:
Forcible public apology upon the victim’s request, for the violations specified in Clauses 1, 2 and 3 of this Article.
Article 56. Acts of preventing the exercise of rights and obligations in family relations between grandparents and grandchildren; between parents and children; between husband and wife; and among siblings
A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of preventing the right to visit and care for each regarding the relations between grandparents and grandchildren; between parents and children unless the parents are restricted from visiting their children under the court’s decisions; between husband and wife; and among siblings.
Article 57. Violations against regulations on care, upbringing and alimony
1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following violations:
a) Refusing or evading the alimony obligations between husband and wife after divorce; refusing or evading the obligations of siblings to nurture each other or the obligations of paternal or maternal grandparents to bring up their grandchildren in accordance with the law provisions;
b) Refusing or evading the obligations to support and take care of parents; the obligations to support and take care of children after divorce in accordance with the law provisions.
2. Remedial measures:
Forcible performance of the alimony and upbringing obligations as prescribed, for the violations specified in Clause 1 of this Article.
Article 58. Acts of economic violence
A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for one of the following violations:
1. Appropriating the private assets of a family member.
2. Forcing family members to work too hard or to do heavy and dangerous work, to be exposed to toxic substances or to do other jobs contrary to the law provisions on labour.
3. Forcing family members to beg or wander for a living.
Article 59. Illegal acts of forcing family members out of their lawful residence
1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of forcing family members out of their lawful residence.
2. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the act of threatening with violence to force family members out of their lawful residence.
Article 60. Acts of violence against persons who prevent, detect, and report domestic violence, or help victims of domestic violence
1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following violations:
a) Threatening persons who prevent, detect, and report domestic violence, or help victims of domestic violence;
b) Offending the honour and dignity of those who prevent, detect, and report domestic violence, or help victims of domestic violence.
2. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for one of the following violations:
a) Assaulting the persons who prevent, detect, and report domestic violence, or help victims of domestic violence;
b) Vandalizing or destroying the assets of the persons who prevent, detect, and report domestic violence, or help victims of domestic violence.
3. Remedial measures:
a) Forcible restoration of the original state, for the violations specified at Point b, Clause 2 of this Article;
b) Forcible public apology upon the victim’s request, for the violations specified in Clauses 1 and 2 of this Article.
Article 61. Acts of forcing, inciting, seducing, or assisting others to commit acts of domestic violence
1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the acts of forcing, inciting, seducing, or assisting others to commit acts of domestic violence.
2. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the act of forcing others to commit acts of domestic violence.
Article 62. Acts of intentionally failing to prevent or report domestic violence and obstructing the prevention and reporting of domestic violence
A warning or a fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for one of the following violations:
1. Knowing and being able to prevent acts of domestic violence but failing to do so.
2. Knowing acts of domestic violence, but failing to inform competent agencies, organizations, or persons.
3. Preventing others from detecting and reporting acts of domestic violence.
Article 63. Acts of using, spreading information, images, sounds to incite acts of domestic violence
A warning or a fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for the act of using, spreading information, images, sounds to incite acts of domestic violence.
Article 64. Violation against regulations on disclosing information about domestic violence victims
A fine of between 3,000,000 and VND 5,000,000 shall be imposed for medical staff and consultant in domestic violence prevention and control with one of the following acts:
1. Disclosing personal information of domestic violence victims without the consent of the victim or the victim's guardian which affects the honor, dignity and reputation of the victim.
2. Intentionally disclosing or facilitating the perpetrator of violence to know the shelter of domestic violence victims.
Article 65. Acts of taking advantage of domestic violence prevention and control activities for personal gain
1. A fine of between 1,000,000 and VND 2,000,000 shall be imposed for one of the following violations:
a) Demanding money from the victim or the victim's family after taking actions to help the victim of domestic violence;
b) Requesting the payment of the victim's living expenses at a trusted address in the community;
c) Taking advantage of the hardship of domestic violence victims to induce them to commit illegal acts.
2. A fine of between 10,000,000 and VND 30,000,000 shall be imposed for one of the following violations:
a) Establish a counseling facility on domestic violence prevention and control, a facility to support domestic violence victims for personal gain;
b) Taking advantage of domestic violence prevention and control activities to commit illegal acts.
3. Additional penalties:
Deprivation of the right to use the permit or certificate of practice or suspension of operation from 06 months to 12 months, for acts of violation specified at Points a and Point b of this Article.
4. Remedial measures:
Forcible return of illegal profits obtained from committing violations specified at Point a, Clause 1 of this Article.
Article 66. Violations against regulations on operation registration for establishments supporting domestic violence victims and counseling establishments on domestic violence prevention and control
1. A fine of between 5,000,000 and VND 10,000,000 shall be imposed for establishments supporting domestic violence victims and counseling establishments on domestic violence prevention and control which operate outside the scope of the operation registration certificate.
2. A fine of between 10,000,000 and VND 20,000,000 shall be imposed for establishments supporting domestic violence victims and counseling establishments on domestic violence prevention and control which operate without having been granted the operation registration certificate or which fail to register for operation.
Article 67. Violation against regulations on the decision to ban contact of the Chairperson of the commune-level People's Committee
1. A warning or a fine of between VND 500,000 and VND 1,000,000 shall be imposed for the act of deliberately meeting a domestic violence victim during the enforcement of the no-contact decision.
2. A fine of between 3,000,000 and VND 5,000,000 shall be imposed for the act of using telephones or other means of communication to threaten, curse or insult victims of domestic violence.
3. Additional penalties:
Confiscation of material evidence and means used to commit the administrative violations specified in Clause 1 of this Article.
Chapter III
COMPETENCE TO IMPOSE PENALTIES ON ADMINISTRATIVE VIOLATIONS
Article 68. Competence to impose penalties for administrative violations of Chairpersons of People’s Committees at all levels
1. Chairpersons of commune-level People’s Committees shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 3,000,000 for acts of administrative violations in domestic violence prevention and control; up to VND 4,000,000 for acts of administrative violations in security, social order and safety; up to VND 5,000,000 for acts of administrative violations in fire protection; rescue and salvage and in prevention of social evils;
c) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified Point b of this Clause;
d) Apply remedial measures specified at Points a, c, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
2. Chairpersons of district-level People’s Committees shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 15,000,000 for acts of administrative violations in domestic violence prevention and control; up to VND 20,000,000 for acts of administrative violations in security, social order and safety; up to VND 25,000,000 for acts of administrative violations in fire protection; rescue and salvage; up to VND 37,500,000 for acts of administrative violations in prevention of social evils;
c) Deprive the right to use the permit or certificate of practice or suspend the operation for a definite time;
d) Confiscate material evidence and means used to commit the administrative violations;
dd) Apply remedial measures specified at Points a, c, e and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Points dd, e, g and h, Clause 3, Article 3 of this Decree.
3. Chairpersons of provincial-level People’s Committees shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 30,000,000 for acts of administrative violations in domestic violence prevention and control; up to VND 40,000,000 for acts of administrative violations in security, social order and safety; up to VND 50,000,000 for acts of administrative violations in fire protection; rescue and salvage; up to VND 75,000,000 for acts of administrative violations in prevention of social evils;
c) Deprive the right to use the permit or certificate of practice or suspend the operation for a definite time;
d) Confiscate material evidence and means used to commit the administrative violations;
dd) Apply remedial measures specified in Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.
Article 69. Competence to impose penalties for administrative violations of People’s Public Security
1. People’s Public Security officers who are on duty shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 300,000 for acts of administrative violations in domestic violence prevention and control; up to VND 400,000 for acts of administrative violations in security, social order and safety; up to VND 500,000 for acts of administrative violations in fire protection; rescue and salvage and in prevention of social evils.
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 powers to:
a) Impose a warning;
b) Impose a fine of up to VND 900,000 for acts of administrative violations in domestic violence prevention and control; up to VND 1,200,000 for acts of administrative violations in security, social order and safety; up to VND 1,500,000 for acts of administrative violations in fire protection; rescue and salvage and in prevention of social evils.
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 powers to:
a) Impose a warning;
b) Impose a fine of up to VND 1,500,000 for acts of administrative violations in domestic violence prevention and control; up to VND 2,000,000 for acts of administrative violations in security, social order and safety; up to VND 2,500,000 for acts of administrative violations in fire protection; rescue and salvage and in prevention of social evils;
c) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified at Point b of this Clause;
d) Apply remedial measures specified at Points a and c, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
4. Chiefs of district-level police offices; Heads of professional divisions of the Internal Political Security Department; Heads of the 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; Heads of the professional divisions of the Department for Cyber Security and Hi-Tech Crime Prevention and Combat; Heads of the professional divisions of the Immigration Department; and Heads of divisions of provincial-level of Departments of Public Security, including Heads of Police Divisions for Administrative Management of Social Order, Heads of Police Divisions for Investigation of Corruption, Economic and Smuggling Crimes, Heads of Police Divisions for Investigation of Drug-Related Crimes, Heads of Traffic Police Divisions, Heads of Road and Railway Traffic Police Divisions, Heads of Road Traffic Police Divisions, Heads of Waterways Police Divisions, Heads of Mobile Police Divisions, Heads of Safeguard Police Divisions, Heads of Police Divisions for Execution of Criminal Judgments and Judicial Support, Heads of Police Divisions for Environmental Crime Prevention and Combat, Heads of Fire Prevention and Fighting, Salvage and Rescue Police Divisions, Heads of Cyber Security and Hi-Tech Crime Prevention and Combat Divisions, Heads of Immigration Divisions, Heads of the Internal Political Security Divisions, Heads of Economic Security Divisions, Heads of External Security Divisions, Heads of Mobile Police Regiments, and Heads of marine battalions shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 6,000,000 for acts of administrative violations in domestic violence prevention and control; up to VND 8,000,000 for acts of administrative violations in security, social order and safety; up to VND 10,000,000 for acts of administrative violations in fire protection; rescue and salvage; up to VND 15,000,000 for acts of administrative violations in prevention of social evils;
c) Deprive of the right to use the permit or certificate of practice or suspend the operation for a definite time;
d) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified at Point b of this Clause;
dd) Apply remedial measures specified at Points a and c, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.
5. Directors of provincial-level Departments of Public Security shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 15,000,000 for acts of administrative violations in domestic violence prevention and control; up to VND 20,000,000 for acts of administrative violations in security, social order and safety; up to VND 25,000,000 for acts of administrative violations in fire protection; rescue and salvage; up to VND 37,500,000 for acts of administrative violations in prevention of social evils;
c) Deprive of the right to use the permit or certificate of practice or suspend the operation for a definite time;
d) Confiscate material evidence and means used to commit the administrative violations;
dd) Apply the penalty of deportation;
e) Apply remedial measures specified at Points a, c and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.
6. The Director of the Internal Political Security Department, Director of the Economic Security Department, Director of the Police Department for Administrative Management of Social Order, Director of Police Department for Investigation of Social Order-Related Crimes, Director of the Police Department for Investigation of Corruption, Economic and Smuggling Crimes, Director of the Police Department for Drug-Related Crimes, Director of the Traffic Police Department, Director of the Fire Prevention and Fighting, Salvage and Rescue Police Department, Director of the Environmental Crime Prevention and Combat Police Department, Director of the Cyber Security and Hi-Tech Crime Prevention and Combat Department, Director of the Internal Security Department, Director of the Police Department for Custody, Temporary Detention and of Criminal Judgment Execution in the Community, and Commander of the Mobile Police Department shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 30,000,000 for acts of administrative violations in domestic violence prevention and control; up to VND 40,000,000 for acts of administrative violations in security, social order and safety; up to VND 50,000,000 for acts of administrative violations in fire protection; rescue and salvage; up to VND 75,000,000 for acts of administrative violations in prevention of social evils;
c) Deprive of the right to use the permit or certificate of practice or suspend the operation for a definite time;
d) Confiscate material evidence and means used to commit the administrative violations;
dd) Apply remedial measures specified at Points a, c and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.
7. The Director of the Immigration Department shall have the competence to impose penalties in accordance with law regulations in Clause 6 of this Article and shall have the powers to decide on the application of the deportation penalty.
Article 70. Competence to impose penalties for administrative violations of the Border guards
1. Border guard soldiers who are on duty shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 400,000 for acts of administrative violations in security, social order and safety; up to VND 500,000 for acts of administrative violations in fire protection; rescue and salvage; prevention of social evils.
2. Station chiefs or Team commanders of those specified in Clause 1 of this Article shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 2,000,000 for acts of administrative violations in security, social order and safety; up to VND 2,500,000 for acts of administrative violations in fire protection; rescue and salvage; prevention of social evils.
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 powers to:
a) Impose a warning;
b) Impose a fine of up to VND 4,000,000 for acts of administrative violations in security, social order and safety; up to VND 5,000,000 for acts of administrative violations in fire protection; rescue and salvage; up to VND 7,500,000 for acts of administrative violations in prevention of social evils;
c) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified at Point b of this Clause;
d) Apply remedial measures specified at Points a and c, Clause 1, Article 28 of the Law on Handling of Administrative Violations and 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 powers to:
a) Impose a warning;
b) Impose a fine of up to VND 8,000,000 for acts of administrative violations in security, social order and safety; up to VND 10,000,000 for acts of administrative violations in fire protection; rescue and salvage; up to VND 15,000,000 for acts of administrative violations in prevention of social evils;
c) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified at Point b of this Clause;
d) Apply remedial measures specified at Points a and c, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.
5. Heads of drug and crime prevention and combat task force regiments of Drug and Crime Prevention and Combat Department under the Border Guard High Command shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 20,000,000 for acts of administrative violations in security, social order and safety; up to VND 25,000,000 for acts of administrative violations in fire protection; rescue and salvage; up to VND 37,500,000 for acts of administrative violations in prevention of social evils;
c) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified at Point b of this Clause;
d) Apply remedial measures specified at Points a, c and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and 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 powers to:
a) Impose a warning;
b) Impose a fine of up to VND 40,000,000 for acts of administrative violations in security, social order and safety; up to VND 50,000,000 for acts of administrative violations in fire protection; rescue and salvage; up to VND 75,000,000 for acts of administrative violations in prevention of social evils;
c) Deprive of the right to use the permit or certificate of practice or suspend the operation for a definite time;
d) Confiscate material evidence and means used to commit the administrative violations;
dd) Apply remedial measures specified at Point a, c and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.
Article 71. Competence to impose penalties for administrative violations of the Marine Police
1. Marine policemen who are on duty shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 800,000 for acts of administrative violations in security, social order and safety.
2. Heads of professional operation teams of the Marine Police shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 2,000,000 for acts of administrative violations in security, social order and safety.
3. Heads of professional operation squads of the Marine Police and Heads of marine police stations shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 4,000,000 for acts of administrative violations in security, social order and safety;
c) Apply remedial measures specified at Points a and c, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
4. Captains of marine police flotillas shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 8,000,000 for acts of administrative violations in security, social order and safety;
c) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified at Point b of this Clause;
d) Apply remedial measures specified at Points a and c, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.
5. Chiefs of coast guard fleets; Heads of reconnaissance teams, and Heads of drug-related crime prevention and combat task force regiments of the High Command of the Vietnam Coast Guard shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 12,000,000 for acts of administrative violations in security, social order and safety;
c) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified at Point b of this Clause;
d) Apply remedial measures specified at Points a and c, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.
6. Coast Guard regional commanders, and the Director of the Professional and Legal Department of the High Command of the Vietnam Coast Guard shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 20,000,000 for acts of administrative violations in security, social order and safety;
c) Deprive of the right to use the permit or certificate of practice for a definite time;
d) Confiscate material evidence and means used to commit the administrative violations;
dd) Apply remedial measures specified at Points a and c, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.
7. The Vietnam Coast Guard Commander shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 40,000,000 for acts of administrative violations in security, social order and safety;
c) Deprive of the right to use the permit or certificate of practice or suspend the operation for a definite time;
d) Confiscate material evidence and means used to commit the administrative violations;
dd) Apply remedial measures specified at Points a and c, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.
Article 72. Competence to impose penalties for administrative violations of the Custom authorities
1. Custom officers who are on duty shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 500,000 for acts of administrative violations in security, social order and safety.
2. Heads of customs teams and squads of Customs Branches; Heads of groups under customs control teams of provincial, inter-provincial or municipal Customs Departments; and Heads of customs teams of Post-Customs Clearance Inspection Branches shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 5,000,000 for acts of administrative violations in security, social order and safety.
3. Heads of Customs Branches; Heads of Post-Customs Clearance Inspection Branches; Heads of customs control teams of provincial, inter-provincial or municipal Customs Departments; Heads of Criminal Investigation Teams; Heads of Anti-Smuggling Control Teams; Chiefs of marine control flotillas, and Heads of Control Teams to Combat Smuggling of Counterfeit Goods and Protect Intellectual Property Rights of the Anti-Smuggling Investigation Department; and Heads of Post-Customs Clearance Inspection Branches of the Post-Customs Clearance Inspection Department shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 25,000,000 for acts of administrative violations in security, social order and safety;
c) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified at Point b of this Clause;
d) Apply remedial measures specified at Point i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.
4. The Director of the Anti-Smuggling Investigation Department and Director of the Post-Customs Clearance Inspection Department of the General Department of Customs, and directors of provincial, inter-provincial and municipal Customs Departments shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 40,000,000 for acts of administrative violations in security, social order and safety;
c) Deprive of the right to use the permit or certificate of practice or suspend the operation for a definite time;
d) Confiscate material evidence and means used to commit the administrative violations;
dd) Apply remedial measures specified at Point i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.
5. The Director General of the General Department of Vietnam Customs shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 40,000,000 for acts of administrative violations in security, social order and safety;
c) Confiscate material evidence and means used to commit the administrative violations;
d) Apply remedial measures specified at Point i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.
Article 73. Competence to impose penalties for administrative violations of the Forest protection force
1. Forest protection officers who are on duty shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 500,000 for acts of administrative violations in security, social order and safety and in fire protection; rescue and salvage.
2. Heads of forest protection stations shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 10,000,000 for acts of administrative violations in security, social order and safety and in fire protection; rescue and salvage;
c) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified at Point b of this Clause.
3. Directors of district-level forest protection offices and Heads of mobile ranger and forest fire prevention and fighting teams shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 25,000,000 for acts of administrative violations in security, social order and safety and in fire protection; rescue and salvage;
c) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified at Point b of this Clause;
d) Apply remedial measures specified at Points a, c and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.
4. Heads of Forest Protection Branches; Heads of Regional Forest Protection Branches, and Heads of Forest Protection Task Force Teams under the Forest Protection Department shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 40,000,000 for acts of administrative violations in security, social order and safety and up to VND 50,000,000 for acts of administrative violations in fire protection; rescue and salvage;
c) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified at Point b of this Clause;
d) Deprive of the right to use the permit or certificate of practice or Suspend the operation for a definite time;
dd) Apply remedial measures specified at Points a, c and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.
5. The director of the Forest Protection Department shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 40,000,000 for acts of administrative violations in security, social order and safety and up to VND 50,000,000 for acts of administrative violations in fire protection; rescue and salvage;
c) Confiscate material evidence and means used to commit the administrative violations;
d) Deprive of the right to use the permit or certificate of practice or suspend the operation for a definite time;
dd) Apply remedial measures specified at Points a, c and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.
Article 74. Competence to impose penalties for administrative violations of the Fisheries resources surveillance force
1. Fisheries resources surveillance officers who are on duty shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 2,000,000 for acts of administrative violations in security, social order and safety; in fire protection; rescue and salvage;
c) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified at Point b of this Clause.
2. Heads of Fisheries resources surveillance stations under Regional Fisheries resources surveillance branches shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 10,000,000 for acts of administrative violations in security, social order and safety; in fire protection; rescue and salvage;
c) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified at Point b of this Clause;
d) Apply remedial measures specified at Points a and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
3. Heads of Regional Fisheries resources surveillance branches shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 40,000,000 for acts of administrative violations in security, social order and safety; up to VND 50,000,000 for acts of administrative violations in fire protection; rescue and salvage;
c) Confiscate material evidence and means used to commit the administrative violations;
d) Apply remedial measures specified at Points a and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.
4. The Director of the Department of Fisheries resources surveillance shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 40,000,000 for acts of administrative violations in security, social order and safety; up to VND 50,000,000 for acts of administrative violations in fire protection; rescue and salvage;
c) Deprive of the right to use the permit or certificate of practice or suspend the operation for a definite time;
d) Confiscate material evidence and means used to commit the administrative violations;
dd) Apply remedial measures specified at Points a and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.
Article 75. Competence to impose penalties for administrative violations of the Market surveillance force
1. Market surveillance officers who are on duty shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 500,000 for acts of administrative violations in security, social order and safety.
2. Heads of Market surveillance teams and heads of professional divisions of the Market surveillance professional Department shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 25,000,000 for acts of administrative violations in security, social order and safety;
c) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified at Point b of this Clause;
d) Apply remedial measures specified at Points a, e and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.
3. Directors of provincial-level Market surveillance Departments, and the Director of the Market surveillance Professional Department of the Vietnam Directorate of Market Surveillance shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 40,000,000 for acts of administrative violations in security, social order and safety;
c) Confiscate material evidence and means used to commit the administrative violations;
d) Apply remedial measures specified at Points a, c, e and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.
4. The General Director of the Vietnam Directorate of Market surveillance shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 40,000,000 for acts of administrative violations in security, social order and safety;
c) Confiscate material evidence and means used to commit the administrative violations;
d) Apply remedial measures specified at Points a, c, e and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.
Article 76. Competence to impose penalties for administrative violations of the Inspectorates
1. Inspectors who are on duty shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 300,000 for acts of administrative violations in domestic violence prevention and control; up to VND 400,000 for acts of administrative violations in security, social order and safety; up to VND 500,000 for acts of administrative violations in fire protection; rescue and salvage; up to VND 750,000 for acts of administrative violations in prevention of social evils;
c) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified at Point b of this Clause;
d) Apply remedial measures specified at Points a and c, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
2. Chief inspectors of provincial-level Departments shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 15,000,000 for acts of administrative violations in domestic violence prevention and control; up to VND 20,000,000 for acts of administrative violations in security, social order and safety; up to VND 25,000,000 for acts of administrative violations in fire protection; rescue and salvage; up to VND 37,500,000 for acts of administrative violations in prevention of social evils;
c) Deprive of the right to use the permit or certificate of practice or suspend the operation for a definite time;
d) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified at Point b of this Clause;
dd) Apply remedial measures specified at Points a, c, e and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.
3. Chiefs of Inspectorates of ministries and ministerial-level agencies, the Director of the Insurance Management and Supervision Department shall have the powers to:
a) Impose a warning;
b) Impose a fine of up to VND 30,000,000 for acts of administrative violations in domestic violence prevention and control; up to VND 40,000,000 for acts of administrative violations in security, social order and safety; up to VND 50,000,000 for acts of administrative violations in fire protection; rescue and salvage; up to VND 75,000,000 for acts of administrative violations in prevention of social evils;
c) Deprive of the right to use the permit or certificate of practice or suspend the operation for a definite time;
d) Confiscate material evidence and means used to commit the administrative violations;
dd) Apply remedial measures specified at Points a, c, e and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.
4. Heads of ministerial-level specialized inspection teams shall have the competence to impose penalties in accordance with regulations in Clause 3 of this Article.
Heads of specialized inspection teams of provincial-level departments and Heads of specialized inspection teams of agencies assigned to perform the function of specialized inspection shall have the competence to impose penalties in accordance with regulations in Clause 2 of this Article.
Article 77. Competence to impose penalties for administrative violations of diplomatic missions, consular offices and other agencies authorized to perform the consular function of the Socialist Republic of Vietnam overseas
Heads of diplomatic missions, consular offices and other agencies authorized to perform the consular function of the Socialist Republic of Vietnam overseas shall have the powers to:
1. Impose a warning.
2. Impose a fine of up to VND 40,000,000 for acts of administrative violations in security, social order and safety.
3. Confiscate material evidence and means used to commit the administrative violations.
4. Apply remedial measures specified at Points a and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.
Article 78. Principles of determination and division of competence to impose penalties for administrative violations
1. The competence to impose penalties for administrative violations of the competent persons specified in Articles 68, 69, 70, 71, 72, 73, 74, 75, 76 and 77 of this Decree shall be the competence applicable to an act of administrative violation of an individual. In the case of imposing fines, the competence to impose penalties for organizations shall be twice higher than the competence to impose penalties for individuals.
2. Chairpersons of People’s Committees at all levels shall be competent to impose penalties for administrative violations and apply remedial measures for acts of administrative violations specified in Chapter II of this Decree in accordance with the competence prescribed in Article 68 of this Decree and the assigned functions, tasks and powers.
3. The persons competent to impose penalties of the People’s Public Security shall be competent to impose penalties for administrative violations and apply remedial measures for acts of administrative violations specified in Chapter II of this Decree in accordance with the competence prescribed in Article 69 of this Decree and the assigned functions, tasks and powers within the field and localities in charge.
4. The persons competent to impose penalties of the Border Guard shall be competent to impose penalties for administrative violations and apply remedial measures for acts of administrative violations specified in Articles 7, 8 and 15; Clause 1, Points c, d and dd, Clause 2, Clauses 3, 4, 5, 6 and 7, Article 18; Articles 24, 25, 26, 27, 28, 32, 34, 45 and Articles in Section 4, Chapter II of this Decree in accordance with the competence specified in Article 70 of this Decree, within the scope, field and localities in charge and the assigned functions, tasks and powers.
5. The persons competent to impose penalties of the Marine police shall be competent to impose penalties for administrative violations and apply remedial measures for acts of administrative violations specified at Point d, Clause 1, Point dd, Clause 2, Point c, Clause 3, Point d, Clause 4, Points a and c, Clause 5 Article 7; Point a, Clause 1, Points a, b and c, Clause 2, Points b and d, Clause 4 Article 10; Points a, b, c, d and dd, Clause 1, Points a, b, c, d, e, g and m, Clause 2, Points a, b, d, dd, g, h, i and k, Clause 3, Points a, b, c, d, dd, e, g, h and i, Clause 4, Points a, b and c, Clause 5, Article 11; Points a, b and dd, Clause 1, Points a, d, dd and e, Clause 2, Article 15; Clause 1, Article 20; Articles 21, 23 and 28 of this Decree in accordance with the competence specified in Article 71 of this Decree, within the assigned functions, tasks and powers and localities at sea.
6. The persons competent to impose penalties of the Customs authorities shall be competent to impose penalties for administrative violations and apply remedial measures for acts of administrative violations specified at Points c and dd, Clause 3, Point d, Clause 4, Article 7; Points dd and k, Clause 3, Points a, c, d and e, Clause 4, Point a, Clause 5, Article 11 and Article 21 of this Decree in accordance with the competence specified in Article 72 of this Decree, within the assigned functions, tasks and powers.
7. The persons competent to impose penalties of the Forest protection force and the Fisheries resources surveillance force shall be competent to impose penalties for administrative violations and apply remedial measures for acts of administrative violations specified in Article 21 and Section 3, Chapter II of this Decree in accordance with the competence specified in Article 73 and 74 of this Decree, within the assigned functions, tasks and powers.
8. Heads of diplomatic missions, consular offices and other agencies authorized to perform the consular function of the Socialist Republic of Vietnam overseas shall be competent to impose penalties for administrative violations and apply remedial measures for acts of administrative violations specified in Articles 18 and 21 of this Decree in accordance with the competence specified in Article 77 of this Decree, within the assigned functions, tasks and powers.
9. The Labor - Invalids and Social Affairs inspectors shall be competent to impose penalties for administrative violations and apply remedial measures for acts of administrative violations specified in Section 2, Chapter II of this Decree in accordance with the competence specified in Article 76 of this Decree, within the assigned functions, tasks and powers.
10. The Culture, Sports and Tourism inspectors shall be competent to impose penalties for administrative violations and apply remedial measures for acts of administrative violations specified in Section 4, Chapter II of this Decree in accordance with the competence specified in Article 76 of this Decree, within the assigned functions, tasks and powers.
11. The inspectors of the Ministry of Finance, Director of the Department of Insurance Management and Supervision shall be competent to impose penalties for administrative violations for acts of administrative violations specified at Point b, Clause 1 and Clause 3, Article 49 of this Decree in accordance with the competence specified in Article 76 of this Decree, within the assigned functions, tasks and powers.
12. Specialized inspection forces shall be competent to impose penalties for administrative violations for acts of administrative violations specified at Points c and d, Clause 3, Article 7 and Article 21 of this Decree in accordance with the competence specified in Article 76 of this Decree, within the assigned functions, tasks and powers.
13. The persons competent to impose penalties of the Market surveillance shall be competent to impose penalties for administrative violations specified in Article 20 of this Decree in accordance with the competence specified in Article 75 of this Decree, within the assigned functions, tasks and powers.
Article 79. Competence to make minutes of administrative violations
1. The persons competent to impose penalties for administrative violations specified in Articles 68, 69, 70, 71, 72, 73, 74, 75, 76 and 77 of this Decree
2. Competent persons, persons assigned to perform specialized inspection tasks, persons of the People's Public Security force who are on duty, are conducting tasks in accordance with their assigned functions, tasks and powers.
3. Police officers shall be competent to make minutes of violations occurring within their management areas.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 80. Effect
1. This Decree takes effect from January 1, 2022.
2. This Decree replaces the Government’s Decree No. 167/2013/ND-CP dated November 12, 2013, prescribing regulations on imposing penalties for administrative violations in the field of security, social order and safety; prevention of social evils; fire protection; rescue and salvage; domestic violence prevention and control.
Article 81. Transitional provisions
1. For acts of administrative violations in security, social order and safety; in prevention of social evils; in fire protection; rescue and salvage; in domestic violence prevention and control occurring before the date on which this Decree takes effect but then detected or being considered and settled, the Government's Decree on imposing penalties for administrative violations which is effective at the time of committing violations shall prevail. In cases where this Decree does not prescribe the liability or prescribe lighter liability for acts that have occurred before the date on which this Decree takes effect, the provisions of this Decree shall prevail.
2. For decisions on imposing penalties for administrative violations that have been issued or have been completed before the date on which this Decree takes effect but still under complain, the provisions of the Law on Handling of Administrative Violations, the Government’s Decree No. 167/2013/ND-CP dated November 12, 2013 on imposing penalties for administrative violations in the field of security, social order and safety; prevention of social evils; fire protection; rescue and salvage; domestic violence prevention and control shall prevail.
3. For administrative violations related to the management and use of household registration books and temporary residence books which occur before December 31, 2022, such violations shall be subject to the penalties as prescribed by this Decree.
Article 82. Implementation responsibilities
1. The Minister of Public Security shall be responsible for guiding, inspecting, urging and organizing the implementation of this Decree.
2. The Ministers, Heads of ministerial-level agencies, Heads of Government-attached agencies, Chairpersons of People's Committees of provinces and centrally-run cities and relevant organizations and individuals shall be responsible for the implementation of this Decree.
On behalf of the Government
For the Prime Minister
Deputy Minister
Pham Binh Minh
Vietnamese
Decree 144/2021/NĐ-CP DOC (Word)
Decree 144/2021/NĐ-CP PDF (Original)
