Decree No. 18/2020/ND-CP penalties for administrative violations against regulations on land surveying

DECREE

On penalties for administrative violations against topographic and cartographic regulations

---------------

Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012;

Pursuant to the Law on Topography and Cartography dated June 14, 2018;

At the request of the Minister of Natural Resources and Environment;

The Government promulgates the Decree on penalties for administrative violations against topographic and cartographic regulations. 

Chapter I

GENERAL PROVISIONS 

Article 1. Scope of regulation

1. This Decree prescribes administrative violations, forms and levels of penalties and consequence improvement measures; jurisdictions to impose penalties and make records of administrative violations against topographic and cartographic regulations. 

2. Other administrative violations against topographic and cartographic regulations which are not prescribed in this Decree shall comply with the provisions of the Government s Decrees on penalties for administrative violations within other relevant scopes of State management.

Article 2. Subjects of application 

1. This Decree applies to domestic and foreign organizations and individuals that commit administrative violations against topographic and cartographic regulations in the territory of the Socialist Republic Vietnam; persons with the jurisdiction to make records and impose penalties on administrative violations; agencies, organizations and individuals related to sanctioning of administrative violations against topographic and cartographic regulations according to the provisions hereof. 

2. Organizations which can be imposed with administrative penalties hereof: 

a) Enterprises being established and operating under Vietnamese laws; branches and representative offices of foreign enterprises operating in Vietnam;  

b) Public service providers; 

c) Non-public service providers; 

d) Cooperatives and unions of cooperatives; 

dd) Foreign contractors who are organizations in accordance with the law provisions on bidding;

e) State agencies committing violations which are not under their assigned tasks of State management; 

g) Professional topographic and cartographic organizations.

Article 3. Penalties and consequence improvement measures 

1. Principal penalties 

For each administrative violation against topographic and cartographic regulations, the violating organization or individual shall be subject to one of the following principal penalties: 

a) Warning;

b) Fine. 

2. Additional penalties

In addition to the penalties prescribed in Clause 1 of this Article, organizations and individuals committing administrative violations against topographic and cartographic regulations, depending on the nature and seriousness of their violations, shall be imposed with one or more of the following additional penalties: 

a) Deprivation of the right to use their topographic and cartographic activity permits or topographic and cartographic practice certificates for 03 to 12 months; 

b) Confiscation of material evidences and means of administrative violations; 

c) Expulsion. 

3. Consequence improvement measures

Organizations and individuals that commit administrative violations against topographic and cartographic regulations, apart from being subject to the penalties prescribed in Clauses 1 and 2 of this Article, depending on the nature and seriousness of their violations, shall be subject to one or more of the following consequence improvement measures: 

a) Forcible restoration of the original state; 

b) Forcible dismantlement of works or construction parts; 

c) Forcible destruction of topographic and cartographic data or products; 

d) Forcible recovery of topographic and cartographic data or products, or cartographic publications;

dd) Forcible rectification of information, correction of data on topographic and cartographic products or cartographic publications;  

e) Forcible handover of topographic and cartographic information, data or products;

g) Forcible submission of illegal benefits gained from committing administrative violations;  

h) Forcible destruction of topographic and cartographic products and cartographic publications; 

Article 4. Fines and jurisdiction to impose fines 

1. The maximum fine for an administrative violation against topographic and cartographic regulations is VND 50,000,000 for individuals and VND 100,000,000 for organizations. 

2. The fines prescribed in Chapter II hereof are applied to individuals. With the same administrative violation, the fines applied to organizations shall double the rates applied to individuals. 

3. The jurisdiction to impose fines of persons prescribed in Article 14 to Article 22 hereof means the jurisdiction to impose fines on administrative violations committed by individuals. The jurisdiction to impose fines on administrative violations committed by organizations shall double the jurisdiction applied to individuals. 

Chapter II

ADMINISTRATIVE VIOLATIONS AGAINST TOPOGRAPHIC AND CARTOGRAPHIC REGULATIONS, LEVELS AND FORMS OF PENALTIES AND CONSEQUENCE IMPROVEMTN MEASURES FOR THOSE ADMINISTRATIVE VIOLATIONS 

Article 5. Violations against regulations on conditions for dealing in topographic and cartographic services

1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on one of the following acts:  

a) Erasing, modifying or falsifying contents of the topographic and cartographic practice certificates; 

b) Practicing topographic and cartographic activities inconsistently with the contents inscribed in the practice certificates. 

2. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed on one of the following acts: 

a) Falsifying contents in the application portfolio for topographic and cartographic activity permits; 

b) Practicing topography and cartography without a practice certificate or while the right to use the practice certificate is deprived; 

c) Conducting topographic and cartographic activities but failing to maintain the prescribed conditions for a topographic and cartographic activity permit. 

3. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed on one of the following acts: 

a) Conducting topographic and cartographic activities inconsistently with the contents of the topographic and cartographic activity permits; 

b) Erasing, modifying or falsifying the contents of the topographic and cartographic activity permits; 

c) Conducting topographic and cartographic activities when the topographic and cartographic activity permits expire. 

4. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed on conducting topographic and cartographic activities without a topographic and cartographic activity permit or while the right to use the permit is deprived. 

5. Additional penalties: 

a) Confiscation of material evidences and/or means used for administrative violations shall be imposed on acts prescribed at Point a of Clause 1, Point a of Clause 2 and Point b of Clause 3 of this Article; 

b) Deprivation of the right to use the topographic and cartographic activity permit for 03 to 12 months shall be imposed on acts prescribed at Point c, Clause 2 of this Article. 

6. Consequence improvement measures: 

Forcible destruction of topographic and cartographic data or products created by committing acts prescribed at Point b of Clause 2, and Clause 4 of this Article without ensuring quality according to the law provisions on topography and cartography. 

Article 6. Violations against regulations on construction, use and protection of topographic infrastructure works

1. A fine of between VND 2,000,000 and VND 4.0,000 shall be imposed on failing to ask commune-level People s Committees for using topographic points. 

2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on one of the following acts: 

a) Building, repairing or renovating architectural works within the safety corridors of topographic infrastructure works inconsistently with the law provisions on land regarding safety corridors and works and other relevant laws; 

b) Removing or demolishing topographic points without permission of their management agency. 

3. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed on destroying or damaging topographic points. 

4. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed on building a system of commercial satellite navigation stations which is not prescribed on the list of investment projects stimulated by ministries or ministerial-level agencies, Government-attached agencies, or Provincial-level People s Committees. 

5. Consequence improvement measures: 

a) Forcible restoration of the original state shall be imposed on acts prescribed at Point b of Clause 2, and Clause 3 of this Article; 

b) Forcible dismantlement of construction works, or parts of construction works, shall be imposed on acts prescribed at Point a, Clause 2 of this Article; 

c) Forcible dismantlement of satellite navigation stations shall be imposed on acts prescribed in Clause 4 of this Article. 

Article 7. Violations against regulations on formulation or implementation of topographic and cartographic schemes, projects, technical designs - cost estimates, tasks

1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed on failing to use or displaying incorrectly standardized and announced places in topographic and cartographic activities. 

2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on one of the following acts: 

a) Using topographic and cartographic information, data or products of unclear origin in formulating and implementing topographic and cartographic schemes, projects, technical designs - cost estimates, tasks; 

b) Failing to appraise measuring devices prescribed on the list of measuring devices used in topographic and cartographic activities which require appraisal in accordance with regulations of the Minister of Science and Technology; 

c)Using measuring devices that fail to meet the prescribed technical specificationsin the implementation of topographic and cartographic schemes, projects, technical designs - cost estimates, tasks;

d) Incorrectly displaying administrative boundaries on topographic and cartographic information, data and products in the implementation of topographic and cartographic schemes, projects, technical designs - cost estimates, tasks.  

3. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed on one of the following acts: 

a) Forging, falsifying topographic and cartographic data and products in the implementation of topographic and cartographic schemes, projects, technical designs - cost estimates, tasks; 

b) Incorrectly displaying the national borders, territorial sovereignty on topographic and cartographic information, data or products in the implementation of topographic and cartographic schemes, projects, technical designs - cost estimates, tasks; 

c) Failing to use basic topographic and cartographic information, data or products in the formulation and implementation of topographic and cartographic schemes, projects, technical designs - cost estimates, specialized tasks; 

d) Failing to use national geospatial data to perform planning tasks, formulate plans, programs, projects for socio-economic development, national defense, security and other activities in service of the State governance. 

4. Additional penalties: 

Deprivation of the right to use topographic and cartographic activity permits, topographic and cartographic practice certificates, for 03 to 12 months, shall be imposed on acts prescribed at Point a, Clause 3 of this Article. 

5. Consequence improvement measures: 

a) Forcible destruction of topographic and cartographic data or products shall be imposed on acts prescribed at Points b and c, Clause 2 and Point a, Clause 3 of this Article; 

b) Forcible rectification of information, correction of topographic and cartographic data, products or cartographic publications shall be imposed on acts prescribed in Clause 1, Point d of Clause 2 and Point b of Clause 3 of this Article. 

Article 8. Violations against regulations on quality control of topographic and cartographic products 

1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on one of the following acts: 

a) Failing to appraise measuring devices prescribed on the list of measuring devices used in topographic and cartographic activities which require appraisal in accordance with regulations of the Minister of Science and Technology;

b) Using measuring devices that fail to meet the prescribed technical specifications to check the quality of topographic and cartographic products; 

c) Performing quality control of investor-level topographic and cartographic products when contractors, organizations or individuals have not fully performed product quality control at construction unit level according to the law provisions on topography and cartography.

2. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed on one of the following acts:  

a) Performing quality control of topographic and cartographic products with lack of contents or at inappropriate levels as prescribed in law provisions on topography and cartography; 

b) Forging, falsifying topographic and cartographic data or products in the process of quality control of such topographic and cartographic products. 

3. Additional penalties: 

Deprivation of the right to use topographic and cartographic activity permits, topographic and cartographic practice certificates, for  03 to 12 months, shall be imposed on acts prescribed at Point b, Clause 2 of this Article. 

4. Consequence improvement measures: 

Forcible destruction of topographic and cartographic data or products created by committing acts prescribed at Points a and b of Clause 1 and Point b of Clause 2 of this Article. 

Article 9. Violations against regulations on reporting on topographic and cartographic activities 

1. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed on failing to report to topographic and cartographic licensing authorities when there is a change of in-charge technicians or headquarters’ address. 

2. A fine of between VND 2,000,000 and 3,000,000 shall be imposed on failing to make reports on topographic and cartographic activities according to the law provisions on topography and cartography. 

Article 10. Violations against regulations on handover, provision, exploitation, use and exchange of topographic and cartographic information, data or products 

1. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed on one of the following acts: 

a) Using topographic and cartographic information, data, products to implement schemes, projects, technical designs - cost estimates, topographic and cartographic tasks for the purposes which are not stated in the request application for providing topographic and cartographic information, data, products; 

b) Exchanging and providing topographic and cartographic information, data, products, which are public properties, with domestic or foreign organizations and individuals in contravention of the law provisions on topography and cartography; 

2. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed shall be imposed on failing to hand over topographic and cartographic information, data, products for archiving in accordance with the law provisions on topography and cartography. 

3. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed shall be imposed on international exchange, import and export of topographic and cartographic information, data, products related to national sovereignty without displaying or improperly displaying sovereignty and national borders in accordance with the law provisions on topography and cartography. 

4. Additional penalties: 

a) Confiscation of material evidences and means of administrative violations shall be imposed on acts prescribed in Clause 3 of this Article; 

b) Foreign individuals who commit administrative violations prescribed in Clause 3 of this Article, depending on the seriousness of their violations, shall be subject to expulsion from the Socialist Republic of Vietnam.  

5. Consequence improvement measures: 

a) Forcible submission of illicit benefits gained by committing acts prescribed at Point b, Clause 1 of this Article; 

b) Forcible submission of topographic and cartographic information, data, products according to regulations shall be imposed on acts prescribed in Clause 2 of this Article; 

c) Forcible recovery of topographic and cartographic data, products, or cartographic publications shall be imposed on acts prescribed in Clause 3 of this Article; 

d) Forcible destruction of topographic and cartographic products or cartographic publications shall be imposed on acts prescribed in Clause 3 of this Article.

Article 11. Violations against regulations on publication and circulation of topographic and cartographic products and cartographic publications 

1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on publishing and circulating topographic and cartographic products and cartographic publications which do not display the administrative boundaries according to the law provisions on topography and cartography.

2. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed on circulating topographic and cartographic products and cartographic publications related to national sovereignty without displaying or improperly displaying sovereignty and national borders in accordance with the law provisions on topography and cartography.  

3. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed on publishing topographic and cartographic products or cartographic publications related to national sovereignty without displaying or improperly displaying sovereignty and national borders in accordance with the law provisions on topography and cartography. 

4. Additional penalties: 

a) Confiscation of material evidences and means of administrative violations shall be imposed on acts prescribed in Clauses 2 and 3 of this Article; 

b) Foreign individuals who commit administrative violations prescribed in Clauses 2 and 3 of this Article shall, depending on the seriousness of the violations, be subject to expulsion from the Socialist Republic of Vietnam. 

5. Consequence improvement measures: 

a) Forcible rectification of information, correction of data on topographic and cartographic products or cartographic publications shall be imposed on acts prescribed in Clauses 1 and 2 of this Article; 

b) Forcible recovery of topographic and cartographic data, products, or cartographic publications shall be imposed on acts prescribed in Clauses 2 and 3 of this Article; 

c) Forcible destruction of topographic and cartographic products or cartographic publications shall be imposed on acts prescribed in Clause 3 of this Article; 

d) Forcible submission of illicit benefits gained by committing acts prescribed in Clauses 2 and 3 of this Article. 

Article 12. Acts of obstructing lawful topographic and cartographic activities of agencies, organizations and individuals 

1. A fine of between VND 2,000,000 and 3,000,000 shall be imposed on acts of obstructing organizations and individuals from using topographic points when conducting lawful topographic activities. 

2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on acts of obstructing lawful topographic and cartographic activities of agencies, organizations and individuals. 

Article 13. Act of taking advantage of topographic and cartographic activities to infringe upon the interests of the nation and the people, the legitimate rights and interests of organizations and individuals 

1. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed on acts of misusing topographic and cartographic activities to infringe upon legitimate rights and interests of organizations and individuals. 

2. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed on acts of misusing topographic and cartographic activities to infringe upon interests of the nation and the people. 

3. Additional penalties: 

a) Confiscation of material evidences and/or means of administrative violations shall be imposed on acts prescribed in Clause 2 of this Article; 

b) Deprivation of the right to use topographic and cartographic activity permits, topographic and cartographic practice certificates for 03 to 12 months shall be imposed on acts prescribed in Clause 2 of this Article. 

c) Foreign individuals who commit administrative violations prescribed in Clause 2 of this Article, depending on the seriousness of their violations, shall be subject to expulsion from the Socialist Republic of Vietnam.  

4. Consequence improvement measures: 

Forcible submission of illicit benefits gained by committing acts prescribed in Clause 2 of this Article. 

Chapter III

JURISDICTIONS TO IMPOSE PENALTIES, MAKE RECORDS AND IMPOSE CONSEQUENCE IMPROVEMENT MEASURES ON ADMINISTRATIVE VIOLATIONS AGAINST TOPOGRAPHIC AND CARTOGRAPHIC REGULATIONS 

Article 14. Jurisdiction of Presidents of People s Committees at all levels to impose penalties on administrative violations 

Presidents of the People s Committees have the jurisdiction to impose penalties on administrative violations against topographic and cartographic regulations prescribed in Chapter II hereof, specifically the provisions of Clause 1, 2 and 3 of this Chapter. 

1. Presidents of commune-level People s Committees have the jurisdiction to impose:

a) Warning; 

b) A fine up to VND 5,000,000; 

c) Deprivation of the right to use topographic and cartographic activity permits, topographic and cartographic practice certificates for 03 to 12 months; 

d) Confiscation of material evidences and/or means used for administrative violations with the total value of less than VND 5,000,000; 

dd) Consequence improvement measures prescribed at Point a, Clause 3, Article 3 hereof. 

2. Presidents of district-level People s Committees have the jurisdiction to impose: 

a) Warning; 

b) A fine up to VND 25,000,000; 

c) Deprivation of the right to use topographic and cartographic activity permits, topographic and cartographic practice certificates for 03 to 12 months; 

d) Confiscation of material evidences and/or means used for administrative violations with the total value of less than VND 25,000,000; 

dd) Consequence improvement measures prescribed in Clause 3 Article 3 hereof. 

3. Presidents of provincial-level People s Committees have the jurisdiction to impose: 

a) Warning; 

b) A fine up to VND 50,000,000; 

c) Deprivation of the right to use topographic and cartographic activity permits, topographic and cartographic practice certificates for 03 to 12 months; 

d) Confiscation of material evidences and/or means used for administrative violations; 

dd) Consequence improvement measures prescribed in Clause 3 Article 3 hereof. 

Article 15. Jurisdiction of specialized inspectors and agencies assigned to specialized inspection of natural resources and environment 

Specialized inspectors and agencies assigned to specialized inspection of natural resources and environment have the jurisdiction to impose penalties on administrative violations against topographic and cartographic regulations prescribed in Chapter II hereof, specifically as prescribed in Clauses 1, 2, 3 and 4 of this Article. 

1. On-duty inspectors or persons assigned to perform specialized inspection tasks in the field of natural resources and environment have the jurisdiction to impose: 

a) Warning; 

b) Confiscation of material evidences and/or means used for administrative violations with the total value of less than VND 500,000; 

c) Consequence improvement measures prescribed at Point a, Clause 3, Article 3 hereof. 

2. Chief inspectors of provincial/municipal Departments of Natural Resources and Environment, heads of specialized inspection teams of provincial-level departments and heads of inspection teams of agencies assigned to perform specialized inspection functions have the jurisdiction to impose: 

a) Warning; 

b) A fine up to VND 25,000,000; 

c) Deprivation of the right to use topographic and cartographic activity permits, topographic and cartographic practice certificates for 03 to 12 months; 

d) Confiscation of material evidences and/or means used for administrative violations, with the total value of less than VND 25,000,000; 

dd) Consequence improvement measures prescribed in Clause 3 Article 3 hereof. 

3. Heads of ministerial-level specialized inspection teams have the jurisdiction to impose: 

a) Warning; 

b) A fine up to VND 35,000,000; 

c) Deprivation of the right to use topographic and cartographic activity permits, topographic and cartographic practice certificates for 03 to 12 months; 

d) Confiscation of material evidences and/or means used for administrative violations, with the total value of less than VND 35,000,000; 

dd) Consequence improvement measures prescribed in Clause 3 Article 3 hereof. 

4. The Chief Inspector of the Ministry of Natural Resources and Environment, the General Director of the General Department of Geology and Minerals of Vietnam, the General Director of the General Department of Environment and the Director of the General Department of Land Administration have the jurisdiction to impose: 

a) Warning; 

b) A fine up to VND 50,000,000;

c) Deprivation of the right to use topographic and cartographic activity permits, topographic and cartographic practice certificates for 03 to 12 months; 

d) Confiscation of material evidences and/or means used for administrative violations; 

dd) Consequence improvement measures prescribed in Clause 3, Article 3 hereof. 

Article 16. Jurisdiction of the People s Public Security Forces to impose penalties on administrative violations 

The jurisdiction to impose penalties on administrative violations and impose consequence improvement measures of the People  s Public Security Forces shall comply with Article 39 of the Law on Handling of Administrative Violations. Persons with the jurisdiction to impose penalties on administrative violations of police offices are competent to impose penalties on acts prescribed in Clauses 1 and 3 of Article 10, Clauses 1, 2 and 3 of Article 11, Article 12 and Clause 1, 2 of Article 13 hereof within their scope of ​​management and in accordance with their assigned functions, tasks and powers, prescribed in Clauses 1, 2, 3 and 4 of this Article. 

1. Chiefs of Communal-level Police Posts, Heads of Police Offices; Heads of Police Stations at border gates and export processing zones have the jurisdiction to confiscate material evidences and/or means used for administrative violations with the total value of less than VND 2,500,000. 

2. Chiefs of District-level Police Stations, Heads of professional sections under provincial-level Police Departments include Heads of Economic Security Divisions, Heads of Police Divisions for Cyber ​​Security and Hi-Tech Crime Prevention, Heads of Investigation Police Divisions on Social Order-related Crimes, Heads of Investigation Police Divisions on Corruption, Smuggling, and Economic Crimes, Heads of the Police Divisions of Environmental Crime Prevention, Heads of the Police Division for Administrative Management of Social Order, Heads of Road and Railway Traffic Police Division, Heads of Waterway Traffic Police Divisions, Heads of professional sections under the Traffic Police Department, Heads of Internal Political Security Divisions have the jurisdiction to impose: 

a) A fine up to VND 10,000,000; 

b) Deprivation of the right to use topographic and cartographic activity permits, topographic and cartographic practice certificates for 03 to 12 months; 

c) Confiscation of material evidences and/or means used for administrative violations with the total value of less than VND 10,000,000; 

d) Consequence improvement measures prescribed at Points d, dd and h Clause 3 Article 3 hereof. 

3. Directors of provincial-level Police Departments have the jurisdiction to impose: 

a) A fine up to VND 25,000,000 ;

b) Deprivation of the right to use topographic and cartographic activity permits, topographic and cartographic practice certificates for 03 to 12 months; 

c) Confiscation of material evidences and/or means used for administrative violations with the total value of less than VND 25,000,000; 

d) Expulsion; 

dd) Consequence improvement measures prescribed at Points d, dd, g and h, Clause 3, Article 3 hereof. 

4. The Director of the Department of Economic Security, the Director of the Department of Cyber ​​Security and High-tech Crime Prevention, the Director of Investigation Police Department of Social Order-related Crimes, the Director of Police Department of Environmental Crime Prevention, the Director of the Police Department for Administrative Management of Social Order, the Director of the Traffic Police Department, the Director of the Internal Political Security Department, the Director of the Investigation Police Department on Corruption, Smuggling, and Economic Crimes has the jurisdiction to impose: 

a) A fine up to VND 50,000,000; 

b) Deprivation of the right to use topographic and cartographic activity permits, topographic and cartographic practice certificates for 03 to 12 months; 

c) Confiscation of material evidences and/or means used for administrative violations; 

d) Consequence improvement measures prescribed at Points d, dd, g and h Clause 3 Article 3 hereof. 

5. The Director of the Department of Immigration Management has the jurisdiction to impose: 

a) A fine up to VND 50,000,000; 

b) Deprivation of the right to use topographic and cartographic activity permits, topographic and cartographic practice certificates for 03 to 12 months; 

c) Confiscation of material evidences and/or means used for administrative violations; 

d) Expulsion; 

dd) Consequence improvement measures prescribed at Points d, dd, g and h, Clause 3, Article 3 hereof. 

Article 17. Jurisdiction of Border Guard Forces to impose penalties on administrative violations 

Persons with the jurisdiction to impose penalties on administrative violations of the Border Guard Forces are competent to impose penalties and consequence improvement measures on violations prescribed at Point b, Clause 1, Clause 3 of Article 10, Clause 2 of Article 11, Article 12, Clauses 1 and 2 of Article 13 hereof, within their scope of management and in accordance with their assigned functions, tasks and powers as prescribed in Clauses 1 and 2 of this Article. 

1. Commanders of Border Guard Posts, Captains of Border Guard Naval Flotillas and Commanders of Port Border Gate Command have the jurisdiction to impose: 

a) A fine up to VND 10,000,000; 

b) Confiscation of material evidences and/or means used for administrative violations, with the total value of less than VND 10,000,000; 

c) Consequence improvement measures prescribed at Points d and dd, Clause 3, Article 3 hereof. 

2. Commanders of provincial-level Border Guard Teams and Commanders of Border Guard Naval Squadron under the Border Guard High Command have the jurisdiction to impose: 

a) A fine up to VND 50,000,000; 

b) Confiscation of material evidences and means of administrative violations; 

c) Consequence improvement measures prescribed at Points d, dd and g, Clause 3, Article 3 hereof. 

Article 18. Jurisdiction of Coast Guard Forces to impose penalties on administrative violations

Persons with the jurisdiction to impose penalties on administrative violations of the Coast Guard Forces are competent to impose penalties and consequence improvement measures on administrative violations prescribed in Clause 1, Point b of Clause 2 and Clause 3, Clause 4 of Article 5, Clauses 2, 3 and 4 of Article 6, Points c and d of Clause 2, Points b and d of Clause 3 of Article 7, Point b of Clause 1 and Clause 3 of Article 10, Clauses 1, 2 and 3 of Article 11, Article 12, Clauses 1 and 2 of Article 13 hereof, within their scope of management and in accordance with their assigned functions, tasks and powers as prescribed in Clauses 1 , 2, 3, 4 and 5 of this Article.  

1. Captains of Coast Guard Professional Team  and Captains of Coast Guard Stations have the jurisdiction to impose a fine up to VND 5,000,000. 

2. Captains of Coast Guard Flotillas have the jurisdiction to impose: 

a) A fine up to VND 10,000,000; 

b) Confiscation of material evidences and/or means used for administrative violations with the total value of less than VND 10,000,000; 

c) Consequence improvement measures prescribed at Points d, dd and h, Clause 3, Article 3 hereof. 

3. Captains of Coast Guard Squadrons have the jurisdiction to impose: 

a) A fine up to VND 15,000,000; 

b) Confiscation of material evidences and/or means used for administrative violations, with the total value of less than VND 15,000,000; 

c) Consequence improvement measures prescribed at Points d, dd, g and h, Clause 3, Article 3 hereof. 

4. Commanders of Regional Coast Guard have the jurisdiction to impose: 

a) A fine up to VND 25,000,000; 

b) Confiscation of material evidences and/or means used for administrative violations with the total value of less than VND 25,000,000; 

c) Consequence improvement measures prescribed at Points d, dd, g and h, Clause 3, Article 3 hereof. 

5. The Commander of Coast Guard Command have the jurisdiction to impose: 

a) A fine up to VND 50,000,000; 

b) Confiscation of material evidences and means of administrative violations; 

c) Consequence improvement measures prescribed at Points d, dd, g and h, Clause 3, Article 3 hereof. 

Article 19. Jurisdiction of the Customs to impose penalties on administrative violations 

Persons with the jurisdiction to impose penalties on administrative violations of the Customs are competent to impose penalties and consequence improvement measures on violations prescribed at Point b of Clause 1 and Clause 3 of Article 10 and Clause 2 of Article 11 hereof, within their scope of management and in accordance with their assigned functions, tasks and powers, as prescribed in Clauses 1, 2 and 3 of this Article. 

1. Directors of Customs Sub-Departments, Directors of Post-Clearance Inspection Sub-Departments, Heads of Customs Control Teams of provincial, inter-provincial and municipal Customs Departments, Heads of Anti-smuggling Control Squads, Heads of Customs Procedures Team, Captains of Marine Control Flotillas and the Head of Intellectual Property Protection and Control Squad under the Anti-smuggling and Investigation Department of the General Department of Vietnam Customs have the jurisdiction to impose: 

a) A fine up to VND 25.0 00,000; 

b) Confiscation of material evidences and/or means used for administrative violations with the total value of less than VND 25,000,000; 

c) Consequence improvement measures prescribed at Points d, dd, g and h, Clause 3, Article 3 hereof. 

2. The Director of the Anti-Smuggling and Investigation Department, the Director of the Post-Clearance Inspection Department under the General Department of Vietnam Customs, Directors of provincial, inter-provincial and municipal Customs Departments have the jurisdiction to impose: 

a) A fine up to VND 50,000,000; 

b) Confiscation of material evidences and/or means used for administrative violations with the total value of less than VND 50,000,000; 

c) Consequence improvement measures prescribed at Points d, dd, g and h, Clause 3, Article 3 hereof. 

3. The General Director of Vietnam Customs has the jurisdiction to impose: 

a) A fine up to VND 50,000,000; 

b) Confiscation of material evidences and/or means used for administrative violations ; 

c) Consequence improvement measures prescribed at Points d, dd, g and h, Clause 3, Article 3 hereof. 

Article 20. Jurisdiction of Market Surveillance Forces to sanction administrative violations 

Persons with the jurisdiction to impose penalties on administrative violations of Market Surveillance Forces are competent to impose penalties and consequence improvement measures on violations prescribed at Point b of Clause 1, Clause 3 of Article 10 and Clause 2 of Article 11 hereof, within their scope of management and in accordance with their assigned functions, tasks and powers as prescribed in Clauses 1, 2 and 3 of this Article. 

1. Heads of Market Surveillance Teams have the jurisdiction to impose: 

a) A fine up to VND 25,000,000; 

b) Confiscation of material evidences and/or means used for administrative violations with the total value of less than VND 25,000,000; 

c) Consequence improvement measures prescribed at Points d, dd, g and h Clause 3 Article 3 hereof. 

2. Directors of provincial-level Market Surveillance Departments and Directors of Market Surveillance Professional Departments have the jurisdiction to impose: 

a) A fine up to VND 50,000,000; 

b) Confiscation of material evidences and/or means used for administrative violations with the total value of less than VND 50,000,000; 

c) Consequence improvement measures prescribed at Points g and h, Clause 3, Article 3 hereof. 

3. The General Director of the General Department of Market Surveillance has the jurisdiction to impose:

a) A fine up to VND 50,000,000;

b) Confiscation of material evidences and means of administrative violations;

c) Consequence improvement measures prescribed at Points d, dd, g and h, Clause 3, Article 3 hereof. 

Article 21. Jurisdiction of port authorities, airport authorities and inland waterway port authorities to impose penalties on administrative violations 

Persons with the jurisdiction to impose penalties on administrative violations of port authorities, airport authorities, inland waterway port authorities are competent to impose penalties and consequence improvement measures on violations prescribed in Point b of Clause 1 and Clause 3 of Article 10, Clause 2 of Article 11 hereof, within their scope of management and in accordance with their assigned functions, tasks and powers as prescribed in Clauses 1 and 2 of this Article.

1. Chief Representatives of port authorities, airport authorities or inland waterway port authorities have the jurisdiction to impose a fine up to VND 10,000,000. 

2. Directors of port authorities, Directiors of airport authorities and Directors of inland waterway port authorities under the Vietnam Inland Waterway Administration have the jurisdiction to impose: 

a) A fine up to VND 25,000,000; 

b) Confiscation of material evidences and/or means used for administrative violations with the total value of less than VND 25,000,000; 

c) Consequence improvement measures prescribed at Points d, dd, g and h, Clause 3, Article 3 hereof. 

Article 22. Jurisdiction of specialized inspectors, and agencies assigned to specialized inspection tasks of transportation, construction, industry and trade, agriculture and rural development, to impose penalties on administrative violations

1. The jurisdiction to impose penalties on administrative violations of specialized inspectors and agencies assigned to specialized inspection tasks is prescribed as follows: 

a) Specialized inspectors and agencies assigned to specialized inspection tasks of transportation, industry and trade, agriculture and rural development have the jurisdiction to impose penalties and consequence improvement measures on violations prescribed in Article 5, Article 7, Article 8 and Article 10 hereof; 

b) Specialized inspectors and agencies assigned specialized inspection tasks of construction have the jurisdiction to impose penalties and consequence improvement measures on administrative violations prescribed in Articles 5 and 6 , Article 7, Article 8 and Article 10 hereof. 

2. On-duty inspectors and persons assigned to perform specialized inspection tasks have the jurisdiction to impose: 

a) Warning;

b) Confiscation of material evidences and/or means used for administrative violations with the total value of less than VND 500,000; 

c) Consequence improvement measures prescribed at Points a and h, Clause 3, Article 3 hereof. 

3. Chief Inspectors of provincial/municipal Departments, Heads of specialized inspection teams of provincial/municipal Departments, Heads of specialized inspection teams of State management agencies assigned to perform specialized inspection tasks have the jurisdiction to impose: 

a) Warning;

b) A fine up to VND 25,000,000;

c) Deprivation of the right to use topographic and cartographic activity permits, topographic and cartographic practice certificates for 03 to 12 months; 

d) Confiscation of material evidences and/or means used for administrative violations with the total value of less than VND 25,000,000; 

dd) Consequence improvement measures prescribed at Points c, d and h, Clause 3, Article 3 hereof. 

4. Chief Inspectors of the Ministry of Transport, Ministry of Industry and Trade, Ministry of Agriculture and Rural Development; the Director of the Vietnam Road Administration, the Director of the Directorate of Water Resources, the Director of the Forestry Administration, the Director of the Vietnam Railway Administration, the Director of the Vietnam Maritime Administration, and the Director of the Vietnam Aviation Administration have the jurisdiction to impose: 

a) Warning;

b) A fine up to VND 50,000,000;

c) Deprivation of the right to use topographic and cartographic activity permits, topographic and cartographic practice certificates for 03 to 12 months; 

d) Confiscation of material evidences and/or means used for administrative violations;

dd) Consequence improvement measures prescribed at Points c, d and h, Clause 3, Article 3 hereof. 

Article 23. Jurisdiction to make records of administrative violations

Persons have the jurisdiction to make records of administrative violations against topographic and cartographic regulations are: 

1. Persons with the jurisdiction to impose penalties on administrative violations as prescribed in Chapter III hereof.

2. Heads of Topographic and Cartographic Inspection Teams, civil servants, public employees and members of the People s Public Security Forces and the People s Army working at the agencies as prescribed in Articles 14 thru 22 hereof who are performing their duties and tasks in accordance with their assigned topographic and cartographic inspection and examination functions. 

3. Aircraft pilots, ship captains, ship masters and persons who are assigned to make records by aircraft pilots, ship captains or ship masters. 

Chapter IV

PROVISIONS OF IMPLEMENTATION

Article 24. Effect 

1. This Decree takes effect on April 1, 2020. 

2. This Decree annuls Clause 3, Article 1 of Chapter 3 and removes the phrase "topographic and cartographic" written in the Decree’s name, the issuance grounds, the Chapter 4’s name, in Clause 1 of Article 1, Article 2, and Clause 1 of Article 3, Point a of Clause 1 of Article 20 from the Government s Decree No. 173/2013/ND-CP dated November 13, 2013 on penalties for administrative violations against hydro-meteorological, topographic and cartographic regulations; removes the phrase "topographic and cartographic" from the Government s Decree No. 84/2017/ND-CP dated July 18, 2017 amending and supplementing a number of articles of the Government’s Decree No. 173/2013/ND-CP dated November 13, 2013 on penalties for administrative violations against hydro-meteorological, topographic and cartographic regulations. 

Article 25. Transitional provisions 

1. Violations committed before the effective date of this Decree but have not yet been imposed with penalties and being considered for handling, or violations discovered after this Decree takes effect, shall comply with the provisions of Decree No. 173/2013/ND-CP and Decree No. 84/2017/ND-CP. If the penalties prescribed in this Decree are beneficial to organizations and individuals, the provisions hereof shall prevail. 

2. If decisions to impose penalties on the violations took effect but they have not been executed or undergoing execution, such decisions shall prevail. 

Article 26. Responsibility of implementation 

1. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, presidents of provincial/municipal People s Committees, concerned agencies, organizations and individuals shall be responsible for implementing this Decree. 

2. The Minister of Natural Resources and Environment shall, within the scope of his/her functions and tasks, organize and guide the implementation of this Decree./.