VietnameseDecree No. 53-CP dated June 28, 1994 of the Government providing for measures to handle state officials andemployees and other persons convicted of acts related to prostitution, drugabuse, gambling and drunkenness
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Decree No. 53-CP dated June 28, 1994 of the Government providing for measures to handle state officials andemployees and other persons convicted of acts related to prostitution, drugabuse, gambling and drunkenness
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| Official number: | 53-CP | Signer: | Pham Van Hau |
| Type: | Decree | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 28/06/1994 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Administrative violation |
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THE GOVERNMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness --------- |
No: 53-CP | Hanoi, June 28, 1994 |
DECREE
PROVIDING FOR MEASURES TO HANDLE STATE OFFICIALS ANDEMPLOYEES AND OTHER PERSONS CONVICTED OF ACTS RELATED TO PROSTITUTION, DRUGABUSE, GAMBLING AND DRUNKENNESS
THE GOVERNMENT
Pursuant to the Law on Organization of theGovernment on the 30th of September 1993;
Pursuant to the Ordinance on Sanctions AgainstAdministrative violations on the 30th of November 1989;
At the proposal of the Minister of the Interiorand the Minister of Justice;
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Prostitution, drug abuse, gambling and drunkenness are social evilswhich go against the ethics and the fine customs and habits of the nation andwhich adversely affect the material and cultural life of the people and socialorder and safety.
- The handling of the acts of prostitution, drugabuse, gambling and drunkenness must be based on the character, extent andcircumstances of the violations in order to take the appropriate measures, ofsanction.
Article 2.- All State agencies shall have to coordinate with the Vietnam FatherlandFront, the Vietnam Women's Union, the Vietnam General Confederation of Labor,the Vietnam Peasants' Association, the Ho Chi Minh Communist Youth Union, andother social organizations in the publicity, education and struggle to preventand combat prostitution, drug abuse, gambling and drunkenness.
Article 3.-
1. Severe administrative sanctions and disciplineshall be meted out to:
- The directors of hotels, the owners of hotels,restaurants, inns and other establishments who let acts of prostitution, drugabuse, gambling and drunkenness happen in the establishments under theirmanagement.
- Sex buyers, drug users, gamblers and drunkards whoare State officials and employees in whatever position;
- Those who condone or cover up the acts ofprostitution, drug abuse, gambling and drunkenness.
- Recidivists of acts of prostitution, drug abuse,gambling and drunkness.
2. The organizers or panderers of prostitution, theorganizers of drug use, the producers, storers and dealers and illegaltransporters of drugs, the organizers of gambling, the owners of gamblinghouses and the gamblers shall be prosecuted under the criminal law. Theproducers, storers, dealers and illegal transporters of drugs shall receiveadministrative sanctions or discipline if their offense has not reached thelevel where they must be investigated for penal liability.
Chapter II
OFFENSES AND FORMS OF HANDLING OFFENSES
Article 4.-
1. When the sex buyers are State officials oremployees:
a/ They are liable to fines of from 100,000 Dong upto 1,000,000 Dong and their offense shall be notified to the office ororganization where they work so that disciplinary action may be taken throughwarning, wage reduction or demotion.
b/ Recidivists shall be liable to fines of from1,500,000 to 2,000,000 Dong and their offense shall be reported to the officeor organization where they work so that disciplinary action may be takenthrough dismissal.
2. For the sex buyers who are not State officials oremployees, they shall, depending on the character, level and concretecircumstances of their offense, be fined from 50,000 to 100,000 Dong and from1,000,000 to 2,000,000 Dong in case of recidivism. In all cases, their offensesshall be reported to the People's Committee of the commune, ward or townshipwhere they live so that measures of education may be taken.
3. If the sex sellers are State officials oremployees:
a/ They shall be served a warning and their offensereported to the office or organization where they work so that disciplinarymeasures may be taken through warning, wage reduction or demotion.
b/ In case of recidivism, they shall be served awarning and their offense shall be reported to the office or organization wherethey work in order to be disciplined through dismissal.
4. If the sex sellers are not State officials oremployees, they shall, depending on the character, level and concretecircumstances of their offense, be served a warning and their offense reportedto the People's Committee in the commune, ward or township of their residenceso that measures of education may be taken.
For those who are determined to be regular sexsellers, apart from the fines, they shall also be taken to re-education centersfor medical treatment and forced labor.
5. If the offender is a minor, he/she shall be dealtwith according to Article 29 of the Ordinance on the Handling of AdministrativeOffenses. The offender may also be taken to an industrial-agricultural generalschool for education and job training.
Article 5.-
1. If the drug abusers are State officials oremployees:
a/ They shall be fined from 50,000 to 200,000 Dongand their offense shall be reported to the office or organization where theywork in order to be disciplined through warning, wage reduction or demotion.
b/ In case of recidivism, they shall be fined from200,000 to 300,000 Dong and their offense shall be reported to the office ororganization where they work in order to be disciplined through dismissal.
2. If the drug user are not State officials oremployees they shall, depending on the character, level and concretecircumstances of their offense, be served a warning or fined from 100,000 to300,000 Dong and their offense shall be reported to the People's Committee atthe commune, ward or township where they reside for education and for theirfamilies to know.
With regard to the drug addicts, besides the finesthey may, depending on each category, be subjected to forcible detoxificationat home under the guarantee of their families or at a medical center of theState.
3. Those who illegally produce, store, deal in andtransport drugs but their offense has not reached the level where they must beinvestigated for penal liability they shall be fined from 1,000,000 to10,000,000 Dong; all the objects and means used in of the offense shall beconfiscated. If the offenders are State officials or employees, their offenseshall be reported to the office or organization where they work in order to bedisciplined through dismissal. With regard to those offenders who are not Stateofficials or employees, their offense shall be reported to the People'sCommittee at the commune, ward or township of their residence for education.
Article 6.- With regard to gamblers who are State officials and employees whoseoffense has not reached the level where they must be investigated for penalliability:
a/ They shall be fined from 20,000 to 200,000 Dongand their offense shall be reported to the office or organization where theywork in order to be disciplined through warning, wage reduction or demotion.
b/ In case of recidivism, they shall be fined from200,000 to 300,000 Dong and their offense shall be reported to the office ororganization where they work in order to be disciplined through dismissal.
Article 7.- State officials or employees who commit acts of drunkenness (loss ofdignity at the place of work, restaurant or inn, and disturbing public order):
a/ They shall be fined from 20,000 to 100,000 Dongand their offense shall be reported to the office or organization where theywork in order to be disciplined by warning, wage reduction or demotion.
b/ In case of recidivism, they shall be fined from100,000 to 200,000 Dong and their offense shall be reported to the office ororganization where they work in order to be disciplined through dismissal.
The discipline must be more severe if the offender isan officer or man of the army or security service.
Article 8.-
1. The immediate chief of the offender stipulated atArticle 4, Article 5, Article 6 and Article 7 of this Decree, who shield orfail to mete out timely discipline to the offender, shall be disciplined bywarning, demotion or dismissal.
2. The President of the People's Committee in thecommune, ward or township, and those whose duty is to prevent and fight againstacts of prostitution, drug abuse, gambling, but who condon or shield or fail tohandle in time these acts and let these acts occur in the territory under theirmanagement, they shall be disciplined by warning, demotion or dismissal.
3. The directors of hotels, owners of hotels, guesthouses, restaurants, dancing halls, inns, rest houses and other establishments,which are transformed into brothels or places to pander for prostitution or forthe use of drugs and gambling, shall be dealt with under Article 200, Article202 and Article 203 of the Penal Code.
If out of irresponsibility they let acts ofprostitution, drug abuse and gambling occur in the establishments under theirmanagement, they shall be fined from 2,000,000 to 10,000,000 Dong. Besides,they shall be:
- Disciplined by warning, demotion or dismissal iftheir establishment is a State-owned establishment.
- Shall have their business permit withdrawn if thisis a non-State establishment.
Chapter III
COMPETENCE AND PROCEDURES OF HANDLING
Article 9.- The competence in deciding an administrative sanction is defined asfollows:
1. The members of the People's Police in the policeforce responsible for administrative management of public order, a member ofthe economic police and criminal police or investigative and mobile police canserve warning or impose fines of up to 20,000 Dong.
2. The President of the People's Committee at thecommune, ward or township, the Head of the ward security station, the Head andDeputy Head of the police team responsible for administrative management ofsocial order, the economic police, the criminal police, the investigativepolice and the mobile police can serve warning or impose fines of up to 50,000Dong.
3. The Head and Deputy Head of section of the policeresponsible for administrative management of public order, the economic police,the criminal police, the investigative police at provincial level; the Head andDeputy Head of the mobile police force from the company level upward; the Heador Deputy Head of the security service at district and equivalent level; theHead or Deputy Head of the border posts, the Commander and Deputy Commander ofthe border sub-sector, the Commander and Deputy Commander of the border guardat provincial level; the Commander of the naval border patrol group; theCommander of the border port of entry station, can serve warning and fine up to200,000 Dong and confiscate the business permit and the objects and means usedin the offense.
4. The President of the People's Committee of thedistrict and equivalent level can impose administrative sanctions such aswarning, fine of up to 2,000,000 Dong, strip the offender of his businesspermit and confiscate the objects and means used in the offense.
5. The President of the People's Committee ofprovinces and cities directly under the Central Government can imposeadministrative sanctions against administrative offenses such as warning,impose fines of up to 10,000,000 Dong and strip the offender of his/herbusiness permit, confiscate the objects and means used in the offense, issue adecision to take him or her to the medical treatment center or detoxicationcenter for forcible labor, or an industrial-agricultural general school withregard to offenders who are minors.
Article 10.- The competence in deciding the forms of discipline is define asfollows:
The Head of the concerned agency or organization isauthorized to decide the disciplinary measures against the offending officialsor employees in his office or organization as prescribed by current law ondisciplinary actions against officials and public employees.
Article 11.- The procedures of taking sanctions against administrative offensesstipulated at this Decree shall apply as stipulated at Chapter IV of the Ordinanceon Sanctions Against Administrative Offenses. However, the person who decidesthe sanction shall not collect the money on the spot. The Ministry of Financeand the Ministry of the Interior shall direct the collection and payment offines.
Within seven days after issuing the decision to fine,the person authorized to fine shall have to send a copy of the account anddecision to:
- The office or organization where the fin of personworks, for application of disciplinary measures, if the offender is a Stateofficial or employee.
- The People's Committee of the commune, ward ortownship where the offender resides, for education and forcible commitment notto relapse, if the offender is not a State official or employee.
Article 12.- In imposing an administrative sanction on the offender, if it is judgednecessary to force the offender to undergo medical treatment or to do manualwork or to be detoxicated, or to be brought to an industria-agriculturalgeneral school, the person who is authorized to take the decision shall have,within 15 days after issuing the decision, to compile the dossier and forwardit to the authorized agency so that the latter could send it to the People'sCommittee of the province or city directly under the Central Government.
- All decisions to force the offender to undertakeforcible medical treatment, detoxication or labor and all decisions to take theoffender to an industrial-agricultural general school must be notified to thePeople's Procuracy of the same level, to the offender and his/her family.
Article 13.- The person, on whom an administrative sanction or disciplinary measureis taken as stipulated in this Decree, has the right to appeal.
The procedures for making a complaint, the competencein solving the complaint on the administrative sanction and the disciplinaryaction, shall comply with the Ordinance on Administrative Sanction and theOrdinance on the Complaints and Denunciations by Citizens.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 14.- This Decree takes effect as from the date of its signing.
Article 15.- The Ministry of the Interior, the Government Commission forOrganization and Personnel, the Ministry of Justice, the Ministry of Finance,the Ministry of Labor, war Invalids and Social Affairs, the Ministry ofEducation and Training, the General Tourist Department, shall, within theirjurisdiction and tasks, have responsibility to guide and organize theimplementation of this Decree.
The Ministers, the Heads of ministerial-levelagencies, the Heads of the agencies attached to the Government, the Presidentsof the People's Committee in provinces and cities directly under the CentralGovernment have the responsibility to implement this Decree.
ON BEHALF OF THE GOVERNMENT PRIME MINISTER Vo Van Kiet |
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