Ordinance on Administrative Sanctioning of Acts Obstructing Proceedings No. 02/2022/UBTVQH15

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ATTRIBUTE Ordinance on Administrative Sanctioning of Acts Obstructing Proceedings No. 02/2022/UBTVQH15

Ordinance on Administrative Sanctioning of Acts Obstructing Proceedings No. 02/2022/UBTVQH15 dated August 18, 2022 of the National Assembly Standing Committee
Issuing body: National Assembly Standing CommitteeEffective date:
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Official number:02/2022/UBTVQH15Signer:Vuong Dinh Hue
Type:OrdinanceExpiry date:Updating
Issuing date:18/08/2022Effect status:
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Fields:Administrative violation , Justice
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THE NATIONAL ASSEMBLY STANDING COMMITTEE
__________

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 02/2022/UBTVQH15

 

 

ORDINANCE

On Administrative Sanctioning of Acts Obstructing Proceedings[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to Law No. 15/2012/QH13 on Handling of Administrative Violations, which was amended and supplemented under Law No. 67/2020/QH14;

The National Assembly Standing Committee promulgates the Ordinance on Administrative Sanctioning of Acts Obstructing Proceedings.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Ordinance specifies acts obstructing proceedings which are subject to administrative sanctioning; sanctioning forms and levels; consequence remedies; measures to deter, and secure the handling of, administrative violations; sanctioning competence and procedures, execution of administrative sanctioning decisions, and enforcement of administrative sanctioning decisions for acts obstructing proceedings.

Article 2. Interpretation of terms

In this Ordinance, the terms below are construed as follows:

1. Act obstructing proceedings which is subject to administrative sanctioning means an act of misconduct of an individual or organization which obstructs the settlement of a case or matter by a competent body or person in accordance with the Criminal Procedure Code, the Civil Procedure Code or the Administrative Procedure Law but does not constitute a crime and must be administratively sanctioned under this Ordinance.

Acts of misconduct of individuals or organizations which obstruct the settlement of cases or matters by competent bodies or persons in accordance with the Ordinance on the Order and Procedures for Consideration and Application of Administrative Handling Measures at People’s Courts and the Ordinance on the Order and Procedures for People’s Courts to Consider and Decide on Consignment of Drug Addicts Aged Between Full 12 Years to Under 18 Years into Compulsory Drug Addiction Treatment Facilities and do not constitute crimes shall be administratively sanctioned as acts obstructing proceedings specified in this Ordinance.

2. Meeting sessions include meeting sessions to settle civil matters; meeting sessions to check the delivery, access to and publicization of evidences and reconciliation and dialogues in the course of settlement of civil cases or matters or administrative cases; meeting sessions to consider and decide on the application of administrative handling measures; meeting sessions to consider and decide on the consignment of drug addicts aged between full 12 years and under 18 years into compulsory drug addiction treatment facilities, and other meeting sessions in proceedings.

3. Competent bodies and persons include proceeding-conducting bodies, proceeding-conducting persons, bodies assigned to carry out a number of investigating activities, persons assigned to carry out a number of investigating activities, commune-level Police Offices, and Police Stations as specified in the Criminal Procedure Code; proceeding-conducting bodies and proceeding-conducting persons as specified in the Civil Procedure Code or the Administrative Procedure Law; courts, chief justices, judges, and meeting sessions’ clerks performing the tasks specified in the Ordinance on the Order and Procedures for Consideration and Application of Administrative Handling Measures at People’s Courts and the Ordinance on the Order and Procedures for People’s Courts to Consider and Decide on Consignment of Drug Addicts Aged Between Full 12 Years to Under 18 Years into Compulsory Drug Addiction Treatment Facilities.

4. Lawyer specified in Chapter II of this Ordinance means a person participating in proceedings as:

a/ A defense counsel for a person held in a case of emergency, an arrestee, a person held in custody, the accused or a defendant, or a defender of lawful rights and interests of a person against whom an offense denunciation or criminal case initiation proposal is made, a victim, civil plaintiff or civil defendant, or a person with related rights and obligations in a criminal case;

b/ A representative or defender of lawful rights and interests of an involved party in a civil case or matter or an administrative case; or,

c/ A defender of lawful rights and interests of a person who is subject to proposal for consideration and decision on the application of an administrative handling measure at a People’s Court or the consignment of a drug addict aged between full 12 years and under 18 years into a compulsory drug addiction treatment facility.

Article 3. Application of regulations on administrative sanctioning of acts obstructing proceedings

The administrative sanctioning of acts obstructing proceedings must comply with the Law on Handling of Administrative Violations, this Ordinance and relevant regulations.

Article 4. Subjects to be administratively sanctioned for acts obstructing proceedings

1. The individuals specified at Points a and c, Clause 1, Article 5 of the Law on Handling of Administrative Violations who commit the acts specified in Chapter II of this Ordinance.

In case cadres, civil servants, public employees, servicemen of the People’s Army and People’s Public Security forces, or persons engaged in cypher work commit acts obstructing proceedings while performing official duties or tasks and such acts pertain to their official duties or tasks, they will not be sanctioned in accordance with the law on handling of administrative violations but shall be handled in accordance with the law on cadres, civil servants and public employees and relevant regulations, except the cases specified in Article 495 of the Civil Procedure Code, and Article 324 and Clause 1, Article 325, of the Administrative Procedure Law.

Assessors who commit acts obstructing proceedings while performing their tasks will not be sanctioned in accordance with the law on handling of administrative violations but shall be handled in accordance with the Law on Organization of People’s Courts and relevant regulations.

2. The organizations specified at Points b and c, Clause 1, Article 5 of the Law on Handling of Administrative Violations that commit the acts specified in Chapter II of this Ordinance.

Article 5. Sanctions and application principles   

1. Principal sanctions to be imposed for acts obstructing proceedings include:

a/ Caution;

b/ Fine.

2. The additional sanction to be imposed for acts obstructing proceedings is confiscation of exhibits of administrative violations and means used for commission of administrative violations (below collectively referred to as confiscation of exhibits and means used for commission of administrative violations).

3. Principles of application of administrative sanctions against acts obstructing proceedings must comply with Clause 3, Article 21 of the Law on Handling of Administrative Violations.

Article 6. Fine levels and competence to impose fines

1. The maximum fine to be imposed for an individual’s act obstructing proceedings is VND 40,000,000. The maximum fine to be imposed for an organization’s act obstructing proceedings is VND 80,000,000.

2. The fine levels specified in Chapter II of this Ordinance are those applicable to individuals’ acts obstructing proceedings. For the same violation act, the fine level to be imposed on an organization is twice that to be imposed on an individual.

3. The competence to impose fines of the persons specified in Articles 25 thru 32 of this Ordinance is that applicable to an individual’s act obstructing proceedings; for organizations, these persons may impose fines doubling those to be imposed
on individuals.

Article 7. Consequence remedies and application principles

1. Consequence remedies to be applied in the administrative sanctioning of acts obstructing proceedings include:

a/ Forcible restoration of the original state;

b/ Forcible refund of illicit profit amounts earned from the commission of acts obstructing proceedings;

c/ Forcible making of public apologies;

d/ Forcible recall of information, documents, data and objects containing investigation secrets;

dd/ Forcible removal of information, documents and data containing investigation secrets;

e/ Forcible recall of untruthful information;

g/ Forcible removal of untruthful information;

h/ Forcible recall or return of materials, documents and images.

2. Principles of application of consequence remedies must comply with Clause 2, Article 28 of the Law on Handling of Administrative Violations.

Article 8. Measures to deter, and secure the administrative handling of, acts obstructing proceedings and application principles

1. In case it is necessary to promptly deter administrative violations or to secure the administrative handling of acts obstructing proceedings, it is allowed to apply the measures specified in Clauses 1 thru 6, Article 119 of the Law on Handling of Administrative Violations, including:

a/ Custody of people;

b/ Police escort of violators;

c/ Temporary seizure of exhibits and means used for commission of administrative violations, licenses, and practice certificates;

d/ Body search;

dd/ Search of means of transport and objects;

e/ Search of places where exhibits and means used for commission of administrative violations are hidden.

2. Principles of application of measures to deter, and secure the administrative handling of, acts obstructing proceedings must comply with Article 120 of the Law on Handling of Administrative Violations.

 

Chapter II

ACTS OBSTRUCTING PROCEEDINGS, SANCTIONS AND CONSEQUENCE REMEDIES

Section 1

ACTS OBSTRUCTING CRIMINAL PROCEEDINGS, SANCTIONS AND CONSEQUENCE REMEDIES

Article 9. Acts of untruthfully denouncing or reporting offenses

1. A fine of between VND 1,000,000 and VND 5,000,000 shall be imposed for acts of untruthfully denouncing or reporting offenses in an intentional manner.

2. A fine of between VND 5,000,000 and VND 15,000,000 shall be imposed for one of the following acts, except the case specified in Clause 3 of this Article:

a/ Untruthfully denouncing or reporting offenses in an intentional manner, thus affecting prestige of competent agencies or persons;

b/ Inciting, instigating, deceiving, bribing, threatening or using force to compel others to untruthfully denounce or report offenses.

3. A fine of between VND 15,000,000 and VND 30,000,000 shall be imposed on lawyers who commit one of the acts specified in Clause 2 of this Article.

4. Additional sanction:

Confiscation of exhibits and means used for commission of administrative violations, for the acts specified in Clauses 1, 2 and 3 of this Article.

Article 10. Acts of disclosing investigation secrets

1. A fine of between VND 4,000,000 and VND 8,000,000 shall be imposed on proceeding participants who disclose investigation secrets though having been requested by investigators, investigation officers, procurators or controllers to keep such secrets, except the case specified at Point b, Clause 2 of this Article.

2. A fine of between VND 8,000,000 and VND 15,000,000 shall be imposed for one of the following acts:

a/ Disclosing investigation secrets, thereby delaying the investigation or prolonging the period of investigation though having been requested by investigators, investigation officers, procurators or controllers to keep such secrets, except the cases specified in Clause 3 of this Article, for proceeding participants;

b/ The act specified in Clause 1 of this Article, for lawyers.

3. A fine of between VND 15,000,000 and VND 30,000,000 shall be imposed on lawyers who commit the act specified at Point a, Clause 2 of this Article.

4. Consequence remedies:

a/ Forcible recall of information, documents, data or objects containing investigation secrets, for the acts specified in Clauses 1, 2 and 3 of this Article;

b/ Forcible removal of information, documents or data containing investigation secrets, for the acts specified in Clauses 1, 2 and 3 of this Article;

c/ Forcible refund of illicit profit amounts earned through the commission of the acts specified in Clauses 2 and 3 of this Article.

Article 11. Acts of violating regulations on appearance in pursuance to summons

A caution or a fine of between VND 100,000 and VND 1,000,000 shall be imposed on proceeding participants who have been summoned but are absent not due to a force majeure event or an external obstacle and whose absence impedes proceedings.

Article 12. Acts of preventing representatives of agencies, organizations or individuals from participating in proceedings

1. A fine of between VND 1,000,000 and VND 5,000,000 shall be imposed on proceeding participants who deceive, threaten, bribe, or use force to prevent representatives of agencies, organizations or individuals from participating in proceedings.

2. Additional sanction:

Confiscation of exhibits and means used for commission of administrative violations, for the acts specified in Clause 1 of this Article.

Article 13. Acts obstructing the verification and collection of evidences

1. A caution or a fine of between VND 100,000 and VND 1,000,000 shall be imposed for one of the following acts:

a/ Giving false statements or providing untruthful documents, for proceeding participants other than criminally charged persons;

b/ Refusing to give statements or refusing to perform the obligation to provide documents and objects, for proceeding participants other than criminally charged persons.

2. A fine of between VND 1,000,000 and VND 7,000,000 shall be imposed on proceeding participants who falsify or destroy evidences, thus impeding the settlement of cases or matters.

3. A fine of between VND 7,000,000 and VND 15,000,000 shall be imposed for one of the following acts:

a/ Deceiving, threatening, bribing, or using force to prevent victims from participating in proceedings or forcing victims to give false statements, for proceeding participants not falling into the case specified in Clause 5 of this Article;

b/ Deceiving, threatening, bribing or using force to prevent witnesses from testifying or forcing other persons to give false testimonies, for proceeding participants not falling into the case specified in Clause 5 of this Article;

c/ Refusing to make expert assessment or property valuation conclusions not due to a force majeure event or an external obstacle, for expert witnesses and property valuators.

4. A fine of between VND 15,000,000 and VND 30,000,000 shall be imposed for one of the following acts:

a/ Deceiving, threatening, bribing or using force to prevent interpreters or translators from performing their tasks or forcing interpreters or translators to make false interpretation or translation, for proceeding participants;

b/ Deceiving, threatening, bribing or using force to prevent expert witnesses or property valuators from performing their tasks or forcing expert witnesses or property valuators to make conclusions untrue to objective truth, for proceeding participants;

c/ Making deceitful conclusions, for expert witnesses and property valuators.

5. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed on lawyers who deceive, threaten, bribe or use force to compel victims to give false statements or compel other persons to give false testimonies.

6. Additional sanction:

Confiscation of exhibits and means used for commission of administrative violations, for the acts specified in Clause 2; Points a and b, Clause 3; Points a and b, Clause 4; and Clause 5, of this Article.

Article 14. Acts of impeding the issuance, delivery, receipt or notification of, or failing to perform the responsibility to issue, deliver, transfer, send, post up or notify, procedural documents

A caution or a fine of between VND 100,000 and VND 1,000,000 shall be imposed for one of the following acts:

1. Failing to perform or improperly performing the responsibility to issue, deliver, transfer, send, post up or notify procedural documents in accordance with the Criminal Procedure Code, for persons assigned such responsibility;

2. Impeding the issuance, delivery, receipt or notification of procedural documents by bodies competent to conduct proceedings, for proceeding participants.

Article 15. Acts of offending the honor, dignity or reputation or harming the health of persons competent to conduct proceedings

1. A fine of between VND 3,000,000 and VND 7,000,000 shall be imposed on proceeding participants who offend the honor, dignity or reputation of persons competent to conduct proceedings, except the case specified in Clause 3 of this Article.

2.  A fine of between VND 7,000,000 and VND 15,000,000 shall be imposed on proceeding participants who threaten, use force against or commit other acts harming the health of persons competent to conduct proceedings, except the case specified in Clause 4 of this Article.   

3. A fine of between VND 15,000,000 and VND 30,000,000 shall be imposed on lawyers who commit the act specified in Clause 1 of this Article.

In case a lawyer’s violation act is serious enough to be subject to the sanction of deprivation of the lawyer practice certificate or lawyer practice license in Vietnam for a definite time in accordance with the Law on Handling of Administrative Violations, the sanctioning must comply with the regulations on sanctioning of administrative violations in the field of judicial support.

4. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed on lawyers who commit an act specified in Clause 2 of this Article.

5. Additional sanction:

Confiscation of exhibits and means used for commission of administrative violations, for the acts specified in Clauses 1, 2, 3 and 4 of this Article.

Section 2

ACTS OBSTRUCTING CIVIL PROCEEDINGS OR ADMINISTRATIVE PROCEEDINGS, CONSIDERATION AND DECISION ON APPLICATION OF ADMINISTRATIVE HANDLING MEASURES AT PEOPLE’S COURTS, CONSIGNMENT OF DRUG ADDICTS AGED BETWEEN FULL 12 YEARS AND UNDER 18 YEARS INTO COMPULSORY DRUG ADDICTION TREATMENT FACILITIES; SANCTIONS AND CONSEQUENCE REMEDIES

Article 16. Acts of intentionally failing to appear in pursuance to court summons

A caution or a fine of between VND 100,000 and VND 1,000,000 shall be imposed on victims, interpreters or expert witnesses who have been summoned by courts but intentionally fail to appear at courts or fail to appear at court hearings or meeting sessions without any plausible reason and whose absence impedes court proceedings.

Article 17. Acts of preventing representatives of agencies, organizations or individuals from participating in proceedings upon request of courts

1. A fine of between VND 1,000,000 and VND 5,000,000 shall be imposed for acts of threatening, assaulting or taking advantage of dependency relationships to prevent representatives of agencies, organizations or individuals from participating in proceedings upon request of courts.

2. Additional sanction:

Confiscation of exhibits and means used for commission of administrative violations, for the acts specified in Clause 1 of this Article.

Article 18. Acts of obstructing evidence verification or collection by competent agencies or persons

1. A caution or a fine of between VND 100,000 and VND 1,000,000 shall be imposed for one of the following acts:

a/ Failing to fulfill requests of courts or procuracies for provision of documents and evidences currently managed or kept;

b/ Giving false statements or providing untruthful documents upon the testification, for witnesses;

c/ Refusing to give statements, except the cases specified in Clause 3, Article 78 of the Civil Procedure Code and at Point e, Clause 2, Article 62 of the Administrative Procedure Law, for witnesses.

2. A fine of between VND 1,000,000 and VND 7,000,000 shall be imposed for one of the following acts:

a/ Falsifying or destroying important evidence, thus impeding the settlement of cases or matters by courts;

b/ Failing to appoint persons to join valuation councils upon request of courts without any plausible reason;

c/ Refusing to provide documents without any plausible reason, for expert witnesses.

3. A fine of between VND 7,000,000 and VND 15,000,000 shall be imposed for one of the following acts:

a/ Deceiving, threatening, bribing, forcing or using force to prevent expert witnesses from testifying or forcing other persons to give false testimonies, except the case specified in Clause 5 of this Article;

b/ Threatening, using force, disrupting public order or committing other acts preventing competent persons from carrying out on-spot consideration and appraisal, making valuation decisions or expert assessment solicitation decisions, or implementing other evidence verification and collection measures in accordance with law;

c/ Refusing to make expert assessment conclusions without any plausible reason, for expert witnesses;

d/ Failing to participate in the performance of tasks of valuation councils without any plausible reason.

4. A fine of between VND 15,000,000 and VND 30,000,000 shall be imposed for one of the following acts:

a/ Deceiving, threatening, bribing, forcing or using force to prevent interpreters from performing their tasks or forcing interpreters to make untruthful, unobjective or inaccurate interpretation;

b/ Deceiving, threatening, bribing, forcing or using force to prevent expert witnesses from performing their tasks or forcing expert witnesses to make conclusions untrue to objective truth;

c/ Making untruthful expert assessment conclusions, for expert witnesses;

d/ Intentionally making untruthful interpretations, for interpreters.

5. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed on lawyers who commit an act specified at Point a, Clause 3 of this Article.

6. Additional sanction:

Confiscation of exhibits and means used for commission of administrative violations, for the acts specified at Point a, Clause 2; Points a and b, Clause 3; and Points a and b, Clause 4; and in Clause 5, of this Article.

Article 19. Acts of obstructing the issuance, delivery, receipt, serving or notification of procedural documents of courts

1. A caution or a fine of between VND 100,000 and VND 1,000,000 shall be imposed for one of the following acts:

a/ Failing to issue, deliver, serve or notify procedural documents of courts upon request of courts without any plausible reason;

b/ Impeding the issuance, delivery, receipt, serving or notification of procedural documents of courts.

2. A fine of between VND 1,000,000 and VND 7,000,000 shall be imposed for one of the following acts:

a/ Destroying procedural documents of courts assigned to be issued, served or notified upon request of courts;

b/ Falsifying results of the serving or notification of procedural documents of courts assigned to be served or notified.

3. Additional sanction:

Confiscation of exhibits and means used for commission of administrative violations, for the acts specified in Clause 2 of this Article.

4. Bailiffs who serve papers, case files and documents upon request of courts in contravention with regulations shall be sanctioned in accordance with the regulations on sanctioning of administrative violations in the field of judicial support.

Article 20. Acts of intervening into the settlement of cases or matters

1. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed on persons who, with their influence, commit acts in any form to make the settlement of cases or matters by judges or trial panel members unobjective or unlawful.

2. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed on persons who take advantage of dependency relationships to commit the acts specified in Clause 1 of this Article.

3. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed on persons who take advantage of their positions and powers to commit the acts specified in Clause 1 of this Article.

Article 21. Acts of offending or infringing upon the solemnity or reputation of courts; offending the honor, dignity or reputation, or harming the health, of competent persons or other persons who perform tasks upon request of courts

1. A fine of between VND 3,000,000 and VND 7,000,000 shall be imposed for one of the following acts, except the case specified in Clause 3 of this Article:

a/ Offending or infringing upon the solemnity or reputation of courts;

b/ Offending the honor, dignity or reputation of competent persons or other persons who perform tasks upon request of courts.

2. A fine of between VND 7,000,000 and VND 15,000,000 shall be imposed for acts of threatening, using force or otherwise harming the health of competent persons or other persons who perform tasks upon request of courts, except the case specified in Clause 4 of this Article.

3. A fine of between VND 15,000,000 and VND 30,000,000 shall be imposed on lawyers who commit the acts specified in Clause 1 of this Article.

In case a lawyer’s violation act is serious enough to be subject to the sanction of deprivation of the lawyer practice certificate or lawyer practice license in Vietnam for a definite time in accordance with the Law on Handling of Administrative Violations, the sanctioning must comply with the regulations on sanctioning of administrative violations in the field of judicial support.

4. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed on lawyers who commit the acts specified in Clause 2 of this Article.

5. Additional sanction:

Confiscation of exhibits and means used for commission of administrative violations, for the acts specified in Clauses 1, 2, 3 and 4 of this Article.

Article 22. Acts of spreading untruthful news

1. A fine of between VND 1,000,000 and VND 7,000,000 shall be imposed for acts of spreading untruthful news in order to obstruct court proceedings, except the case specified in Clause 3 of this Article.

2. A fine of between VND 7,000,000 and VND 15,000,000 shall be imposed for acts of spreading untruthful news in order to delay or prolong court proceedings, except the case specified in Clause 4 of this Article.

3. A fine of between VND 15,000,000 and VND 30,000,000 shall be imposed on lawyers who commit the act specified in Clause 1 of this Article.

4. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed on lawyers who commit the act specified in Clause 2 of this Article.

5. Additional sanction:

Confiscation of exhibits and means used for commission of administrative violations, for the acts specified in Clauses 1, 2, 3 and 4 of this Article.

6. Consequence remedies:

a/ Forcible making of public apologies, for the acts specified in Clauses 2, 3 and 4 of this Article;

b/ Forcible recall of untruthful information, for the acts specified in Clauses 2, 3 and 4 of this Article;

c/ Forcible removal of untruthful information, for the acts specified in Clauses 2, 3 and 4 of this Article;

d/ Forcible refund of illicit profit amounts earned from the commission of the acts specified in Clauses 2, 3 and 4 of this Article.

7. Journalists who publish or broadcast untruthful information in the press in order to obstruct court proceedings shall be sanctioned in accordance with the regulations on sanctioning of administrative violations in press activities.

Section 3

ACTS OF VIOLATING INTERNAL RULES OF COURT HEARINGS OR MEETING SESSIONS; OTHER ACTS OBSTRUCTING PROCEEDINGS; SANCTIONS AND CONSEQUENCE REMEDIES

Article 23. Acts of violating internal rules of court hearings or meeting sessions

1. A caution or a fine of between VND 100,000 and VND 500,000 shall be imposed for one of the following acts:

a/ Using telephones, making noises or taking acts disrupting public order at court hearings;

b/ Putting electronic devices in the state of camera turn-off or microphone mute though having been reminded by the presiding judges;

c/ Failing to rise when trial panels enter courtrooms or when trial panels pronounce judgments without permission of the presiding judges;

d/ Failing to rise when procurators announce indictments or prosecution decisions without permission of the presiding judges, for defendants;    

dd/ Smoking or eating in courtrooms;

e/ Wearing indecent attire or wearing hats or sunglasses in courtrooms without any plausible reason and without permission of the presiding judges;

g/ Contacting persons other than defense counsels without permission of the presiding judges, for defendants currently in temporary detention;

h/ Entering courtrooms though having been warned, for persons aged between full 14 years and under 16 years, unless they are summoned by courts to participate in court hearings.  

2. A fine of between VND 500,000 and VND 1,000,000 shall be imposed for one of the following acts:

a/ Failing to submit to security check by forces responsible for protecting court hearings;

b/ Giving questions or presenting opinions without permission of the presiding judges;

c/ Disrupting public order in courtrooms;

d/ Being disobedient to the control by the presiding judges though having been warned;

dd/ Showing a disrespectful attitude toward trial panels;

e/ Failing to produce summons, invitations or other related papers though having been reminded, for persons participating in court hearings upon request of courts;

g/ Failing to take designated seats in courtrooms as guided by court clerks, for persons participating in court hearings upon request of courts;

h/ Leaving courtrooms while court hearings are in process without any plausible reason and without permission of the presiding judges, for persons participating in court hearings upon request of courts;

i/ Failing to fulfill requests of courts for production of press cards when participating in court hearings to carry out media activities, for journalists.

3. A fine of between VND 1,000,000 and VND 7,000,000 shall be imposed for one of the following acts:

a/ Enticing, inciting or provoking other persons to disrupt public order or cause disorder in courtrooms;

b/ Bringing objects that are banned from circulation, leaflets, motto banners or other materials and objects into courtrooms, thus affecting the solemnity of court hearings, except material evidences of cases serving the adjudication work or weapons or supporting tools carried by competent persons to perform the task of protecting court hearings;

c/ Intentionally turning off lighting, audio, audio recording or video recording systems, thus affecting court hearings.

4. A fine of between VND 7,000,000 and VND 15,000,000 shall be imposed for one of the following acts:

a/ Dumping or throwing wastes, dirty substances, chemicals, bricks, earths, stones, sand or other objects into courtrooms;

b/ Bringing weapons, explosives, inflammables or poisons into courtrooms, except material evidences of cases serving the adjudication work or weapons or supporting tools carried by competent persons to perform the task of protecting court hearings;

c/ Recording voices or images of trial panels without permission of the presiding judges or recording voices or images of proceeding participants without their consent at court hearings for civil cases or administrative cases; being disobedient to the presiding judges’ arrangement about activities of recording voices and images at court hearings for criminal cases.

5. Additional sanction:

Confiscation of exhibits and means used for commission of administrative violations, for the acts specified at Points a and b, Clause 1; Point c, Clause 2; Points b and c, Clause 3; and Points b and c, Clause 4, of this Article.

6. Consequence remedies:

a/ Forcible recall or return of materials, documents and images, for the acts specified at Point c, Clause 4 of this Article;

b/ Forcible refund of illicit profit amounts earned from the commission of the acts specified at Point c, Clause 4 of this Article;

c/ Forcible restoration of the original state, for the acts specified at Point a, Clause 4 of this Article.

7. The provisions of Clauses 1 thru 6 of this Article apply to acts obstructing proceedings at meeting sessions of courts.

Article 24. Other acts of obstructing proceedings 

1. A fine of between VND 1,000,000 and VND 7,000,000 shall be imposed for one of the following acts:

a/ Spreading documents or spreading information on accounts for logging in the virtual hearing system;

b/ Destroying transmission lines and network equipment, audio systems (loud speakers, microphones, amplifiers, sound mixers) and image display devices at the main points and component points of court hearings or virtual meeting sessions, television signal decoders, online television software, cameras for video-recording the developments of court hearings or meeting sessions, data storage devices, and projectors for displaying documents and evidences at court hearings or meeting sessions.

2. Additional sanction:

Confiscation of exhibits and means used for commission of administrative violations, for the acts specified in Clause 1 of this Article.

 

Chapter III

SANCTIONING COMPETENCE AND PROCEDURES, EXECUTION OF ADMINISTRATIVE SANCTIONING DECISIONS AND ENFORCEMENT OF ADMINISTRATIVE SANCTIONING DECISIONS

Article 25. Sanctioning competence of People’s Courts

1. After being assigned, the judges presiding over court hearings may:

a/ Impose caution;

b/ Impose a fine of up to VND 1,000,000;

c/ Confiscate exhibits and means used for commission of administrative violations that have the value not exceeding twice the fine level specified at Point b of this Clause.

2. Chief Justices of district-level People’s Courts, Chief Justices of Specialized Tribunals of provincial-level People’s Courts, and Chief Justices of regional Military Courts may:

a/ Impose caution;

b/ Impose a fine of up to VND 7,500,000;

c/ Confiscate exhibits and means used for commission of administrative violations that have the value not exceeding twice the fine level specified at Point b of this Clause.

3. Chief Justices of provincial-level People’s Courts and Chief Justices of Specialized Tribunals of Superior People’s Courts may:

a/ Impose caution;

b/ Impose a fine of up to VND 40,000,000;

c/ Confiscate exhibits and means used for commission of administrative violations;

d/ Apply consequence remedies specified at Points a, b, c, e, g and h, Clause 1, Article 7 of this Ordinance.

4. Chief Justices of Military Courts of military zones and the equivalent may:

a/ Impose caution;

b/ Impose a fine of up to VND 40,000,000;

c/ Confiscate exhibits and means used for commission of administrative violations;

d/ Apply the consequence remedies specified in Clause 1, Article 7 of this Ordinance.

Article 26. Sanctioning competence of the People’s Public Security forces

1. Captains of People’s Public Security soldiers’ squads who are on duty may:

a/ Impose caution;

b/ Impose a fine of up to VND 1,200,000.

2. Chiefs of commune-level Police Offices and Heads of Police Stations may:

a/ Impose caution;

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

c/ Confiscate exhibits and means used for commission of administrative violations that have the value not exceeding twice the fine level specified at Point b of this Clause.

3. Chiefs of district-level Police Divisions; Heads of professional divisions of the Department of Internal Political Security; Heads of professional divisions of the Traffic Police Department; Heads of professional divisions of the Police Department for Fire Prevention and Rescue; Heads of professional divisions of the Department of Cybersecurity and Hi-Tech Crime Prevention and Control; Heads of professional divisions of the Vietnam Immigration Department; Heads of provincial-level Police Departments, including: Heads of Internal Political Security Divisions, Heads of Police Divisions for Social Order-related Crime Investigation, Heads of Police Divisions for Corruption, Economic and Smuggling Crime Investigation, Heads of Police Divisions for Drug Crime Investigation, Heads of Traffic Police Divisions, Heads of Road-Railway Traffic Police Divisions, Heads of Road Traffic Police Divisions, Heads of Waterway Police Divisions, Heads of Police Divisions for Environmental Crime Prevention and Control, Heads of Police Divisions for Fire Prevention and Rescue, Heads of Cybersecurity and Hi-Tech Crime Prevention Divisions, Heads of Immigration Divisions, Heads of Economic Security Divisions, and Heads of External Security Divisions may:

a/ Impose caution;

b/ Impose a fine of up to VND 8,000,000;

c/ Confiscate exhibits and means used for commission of administrative violations that have the value not exceeding twice the fine level specified at Point b of this Clause;

d/ Apply the consequence remedies specified at Points d and dd, Clause 1, Article 7 of this Ordinance.

4. Directors of provincial-level Police Departments may:

a/ Impose caution;

b/ Impose a fine of up to VND 20,000,000;

c/ Confiscate exhibits and means used for commission of administrative violations;

d/ Apply the consequence remedies specified at Points b, d and dd, Clause 1, Article 7 of this Ordinance.

5. The Director of the Police Department for Social Order-related Crime Investigation, the Director of the Police Department for Corruption, Economic and Smuggling Crime Investigation, the Director of the Police Department for Drug Crime Investigation, the Director of the Traffic Police Department, the Director of the Police Department for Fire Prevention and Rescue, the Director of the Police Department for Environmental Crime Prevention and Control, the Director of the Department of Internal Political Security, the Director of the Department of Economic Security, the Director of the Department of Homeland Security, the Director of the Department of Cybersecurity and Hi-Tech Crime Prevention and Control, and the Director of the Vietnam Immigration Department have the right to:

a/ Impose caution;

b/ Impose a fine of up to VND 40,000,000;

c/ Confiscate exhibits and means used for commission of administrative violations;

d/ Apply the consequence remedies specified at Points b, d and dd, Clause 1, Article 7 of this Ordinance.

Article 27. Sanctioning competence of the Border Guard force

1. Heads of Border Guard Stations and Commanders of Port Border Guard Commanding Committees may:

a/ Impose caution;

b/ Impose a fine of up to VND 8,000,000;

c/ Confiscate exhibits and means used for commission of administrative violations that have the value not exceeding twice the fine level specified at Point b of this Clause;

d/ Apply the consequence remedies specified at Points d and dd, Clause 1, Article 7 of this Ordinance.

2. Heads of Drug and Crime Prevention Task-Force Missions of the Drug and Crime Prevention Department of the Border Guard Command may:

a/ Impose caution;

b/ Impose a fine of up to VND 20,000,000;

c/ Confiscate exhibits and means used for commission of administrative violations that have the value not exceeding twice the fine level specified at Point b of this Clause;

d/ Apply the consequence remedies specified at Points b, d and dd, Clause 1, Article 7 of this Ordinance.

3. Commanders of provincial-level Border Guard Departments and the director of the Drug and Crime Prevention Department of the Border Guard Command may:

a/ Impose caution;

b/ Impose a fine of up to VND 40,000,000;

c/ Confiscate exhibits and means used for commission of administrative violations;

d/ Apply the consequence remedies specified at Points b, d and dd, Clause 1, Article 7 of this Ordinance.

Article 28. Sanctioning competence of the Coast Guard force

1. Heads of Coast Guard Operation Squads may:

a/ Impose caution;

b/ Impose a fine of up to VND 4,000,000.

2. Captains of Coast Guard Flotillas may:

a/ Impose caution;

b/ Impose a fine of up to VND 8,000,000;

c/ Confiscate exhibits and means used for commission of administrative violations that have the value not exceeding twice the fine level specified at Point b of this Clause;

d/ Apply the consequence remedies specified at Points d and dd, Clause 1, Article 7 of this Ordinance.

3. Captains of Coast Guard Squadrons and Heads of Drug Crime Prevention Task-Force Missions of the Vietnam Coast Guard Command may:

a/ Impose caution;

b/ Impose a fine of up to VND 12,000,000;

c/ Confiscate exhibits and means used for commission of administrative violations that have the value not exceeding twice the fine level specified at Point b of this Clause;

d/ Apply the consequence remedies specified at Points d and dd, Clause 1, Article 7 of this Ordinance.

4. Commanders of Coast Guard Regions and the Director of the Department of Operations and Law of the Vietnam Coast Guard Command may:

a/ Impose caution;

b/ Impose a fine of up to VND 20,000,000;

c/ Confiscate exhibits and means used for commission of administrative violations;

d/ Apply the consequence remedies specified at Points d and dd, Clause 1, Article 7 of this Ordinance.

5. The Commander of the Vietnam Coast Guard may:

a/ Impose caution;

b/ Impose a fine of up to VND 40,000,000;

c/ Confiscate exhibits and means used for commission of administrative violations;

d/ Apply the consequence remedies specified at Points d and dd, Clause 1, Article 7 of this Ordinance.

Article 29. Sanctioning competence of the Customs

1. Heads of border-gate Customs Branches may:

a/ Impose caution;

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

c/ Confiscate exhibits and means used for commission of administrative violations that have the value not exceeding twice the fine level specified at Point b of this Clause;

d/ Apply the consequence remedies specified at Points b, d and dd, Clause 1, Article 7 of this Ordinance.

2. The Director of the Anti-Smuggling Investigation Department and the Director of the Post-Clearance Inspection Department of the General Department of Vietnam Customs, and Directors of the Customs Departments of provinces, inter-provinces and centrally run cities may:

a/ Impose caution;

b/ Impose a fine of up to VND 40,000,000;

c/ Confiscate exhibits and means used for commission of administrative violations;

d/ Apply the consequence remedies specified at Points b, d and dd, Clause 1, Article 7 of this Ordinance.

Article 30. Sanctioning competence of the Forest Protection force

1. Heads of Forest Protection Divisions may:

a/ Impose caution;

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

c/ Confiscate exhibits and means used for commission of administrative violations that have the value not exceeding twice the fine level specified at Point b of this Clause;

d/ Apply the consequence remedies specified at Points b, d and dd, Clause 1, Article 7 of this Ordinance.

2. Heads of Forest Protection Branches and Heads of Regional Forest Protection Sub-Departments may:

a/ Impose caution;

b/ Impose a fine of up to VND 40,000,000;

c/ Confiscate exhibits and means used for commission of administrative violations that have the value not exceeding twice the fine level specified at Point b of this Clause;

d/ Apply the consequence remedies specified at Points b, d and dd, Clause 1, Article 7 of this Ordinance.

3. The Director of the Forest Protection Department may:

a/ Impose caution;

b/ Impose a fine of up to VND 40,000,000;

c/ Confiscate exhibits and means used for commission of administrative violations;

d/ Apply the consequence remedies specified at Points b, d and dd, Clause 1, Article 7 of this Ordinance.

Article 31. Sanctioning competence of the Fisheries Resources Surveillance

1. Fisheries resources surveillance officers assigned to carry out a number of investigative activities may:

a/ Impose caution;

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

c/ Confiscate exhibits and means used for commission of administrative violations that have the value not exceeding twice the fine level specified at Point b of this Clause.

2. Heads of Regional Fisheries Resources Surveillance Sub-Departments and the Director of the Fisheries Resources Surveillance Department may:

a/ Impose caution;

b/ Impose a fine of up to VND 40,000,000;

c/ Confiscate exhibits and means used for commission of administrative violations;

d/ Apply the consequence remedies specified at Points b, d and dd, Clause 1, Article 7 of this Ordinance.

Article 32. Sanctioning competence of Chairpersons of People’s Committees

1. Chairpersons of commune-level People’s Committees may:

a/ Impose caution;

b/ Impose a fine of up to VND 4,000,000;

c/ Confiscate exhibits and means used for commission of administrative violations that have the value not exceeding twice the fine level specified at Point b of this Clause.

2. Chairpersons of district-level People’s Committees may:

a/ Impose caution;

b/ Impose a fine of up to VND 20,000,000;

c/ Confiscate exhibits and means used for commission of administrative violations;

d/ Apply the consequence remedies specified at Points b thru h, Clause 1, Article 7 of this Ordinance.

3. Chairpersons of provincial-level People’s Committees may:

a/ Impose caution;

b/ Impose a fine of up to VND 40,000,000;

c/ Confiscate exhibits and means used for commission of administrative violations;

d/ Apply the consequence remedies specified at Points b thru h, Clause 1, Article 7 of this Ordinance.

Article 33. Determination of sanctioning competence of People’s Courts

1. The judges presiding over court hearings may sanction acts obstructing proceedings specified in Article 11; Clause 1, Article 13; Articles 14 and 16; Clause 1, Article 18; Clause 1, Article 19; and Clauses 1 and 2, Article 23 of this Ordinance.

2. Chief Justices of district-level People’s Courts and Chief Justices of Specialized Tribunals of provincial-level People’s Courts may sanction the acts obstructing proceedings specified in Articles 11 and 12; Clauses 1 and 2, Article 13; Article 14; Clause 1, Article 15; Articles 16 and 17; Clauses 1 and 2, Article 18; Article 19; Clause 1, Article 21; Clause 1, Article 22; Clauses 1, 2 and 3, Article 23; and Article 24 of this Ordinance.

3. Chief Justices of regional Military Courts may sanction the acts obstructing proceedings specified in Clause 1, Article 9; Articles 11 and 12; Clauses 1 and 2, Article 13; Article 14; Clause 1, Article 15; Clauses 1, 2 and 3, Article 23; and Article 24 of this Ordinance.

4. Chief Justices of provincial-level People’s Courts and Chief Justices of Specialized Tribunals of Superior People’s Courts may sanction the acts obstructing proceedings specified in Articles 11 thru 24 of this Ordinance.

5. Chief Justices of Military Courts of military zones and the equivalent may sanction the acts obstructing proceedings specified in Articles 9 thru 15 and Articles 23 and 24 of this Ordinance.

Article 34. Determination of sanctioning competence of the People’s Public Security forces

1. Heads of People’s Public Security soldiers’ squads who are on duty, Heads of commune-level Police Offices and Heads of Police Stations may sanction the acts obstructing proceedings specified in Article 11; Clause 1, Article 13; and Article 14 of this Ordinance.

2. Chiefs of district-level Police Offices; Heads of professional divisions of the Department of Internal Political Security; Head of professional divisions of the Traffic Police Department; Heads of professional divisions of the Police Department for Fire Prevention and Rescue; Heads of professional divisions of the Department of Cybersecurity and Hi-Tech Crime Prevention and Control; Heads of professional divisions of the Vietnam Immigration Department; Heads of provincial-level Police Departments, including: Heads of Internal Political Security Divisions, Heads of Police Divisions for Social Order-related Crime Investigation, Heads of Police Divisions for Corruption, Economic and Smuggling Crime Investigation, Heads of Police Divisions for Drug Crime Investigation, Heads of Traffic Police Divisions, Heads of Road-Railway Traffic Police Divisions, Heads of Road Traffic Police Divisions, Heads of Waterway Police Divisions, Heads of Police Divisions for Environmental Crime Prevention and Control, Heads of Police Divisions for Fire Prevention and Rescue, Heads of Cybersecurity and Hi-Tech Crime Prevention Divisions, Heads of Immigration Divisions, Heads of Economic Security Divisions, and Heads of External Security Divisions may sanction the acts obstructing proceedings specified in Clause 1, Article 9; Clause 1, Article 10; Articles 11 and 12; Clauses 1 and 2, Article 13; Article 14; and Clause 1, Article 15 of this Ordinance.

3. Directors of provincial-level Police Departments may sanction the acts obstructing proceedings specified in Clauses 1 and 2, Article 9; Clauses 1 and 2, Article 10; Articles 11 and 12; Clauses 1, 2 and 3, Article 13; Article 14; and Clauses 1 and 2, Article 15 of this Ordinance.

 4. The Director of the Police Department for Social Order-related Crime Investigation, the Director of the Police Department for Corruption, Economic and Smuggling Crime Investigation, the Director of the Police Department for Drug Crime Investigation, the Director of the Traffic Police Department, the Director of the Police Department for Fire Prevention and Rescue, the Director of the Police Department for Environmental Crime Prevention, the Director of the Department of Internal Political Security, the Director of the Department of Economic Security, the Director of the Department of Homeland Security, the Director of the Department of Cybersecurity and Hi-Tech Crime Prevention, and the Director of the Vietnam Immigration Department may sanction the acts obstructing proceedings specified in Articles 9 thru 15 of this Ordinance.

Article 35. Determination of sanctioning competence of the Border Guard force

1. Heads of Border Guard Stations and Commanders of Port Border Guard Commanding Committees may sanction the acts obstructing proceedings specified in Clause 1, Article 9; Clause 1, Article 10; Articles 11 and 12; Clauses 1 and 2, Article 13; Article 14; and Clause 1,  Article 15 of this Ordinance.

2. Heads of Drug and Crime Prevention Task-Force Missions of the Drug and Crime Prevention Department of the Border Guard Command may sanction the acts obstructing proceedings specified in Clauses 1 and 2, Article 9; Clauses 1 and 2, Article 10; Articles 11 and 12; Clauses 1, 2 and 3, Article 13; Article 14; and Clauses 1 and 2, Article 15 of this Ordinance.

3. Commanders of provincial-level Border Guard Departments and the Director of the Drug and Crime Prevention Department of the Border Guard Command may sanction the acts obstructing proceedings specified in Articles 9 thru 15 of this Ordinance.

Article 36. Determination of sanctioning competence of the Coast Guard force

1. Heads of Coast Guard Operation Squads assigned to carry out a number of investigating activities may sanction the acts obstructing proceedings specified in Article 11; Clause 1, Article 13; and Article 14 of this Ordinance.

2. Captains of Coast Guard Flotillas, Captains of Coast Guard Squadrons and Heads of Drug Crime Prevention Task-Force Missions of the Vietnam Coast Guard Command may sanction the acts obstructing proceedings specified in Clause 1, Article 9; Clause 1, Article 10; Articles 11 and 12; Clauses 1 and 2, Article 13; Article 14; and Clause 1, Article 15 of this Ordinance.

3. Commanders of Coast Guard Regions and the Director of the Department of Operations and Law of the Vietnam Coast Guard Command may sanction the acts obstructing proceedings specified in Clauses 1 and 2, Article 9; Clause 1, Article 10; Articles 11 and 12; Clauses 1, 2 and 3, Article 13; Article 14; and Clauses 1 and 2, Article 15 of this Ordinance.

4. The Commander of the Vietnam Coast Guard may sanction the acts obstructing proceedings specified in Article 9; Clause 1, Article 10; and Articles 11 thru 15 of this Ordinance.

Article 37. Determination of sanctioning competence of the Customs

1. Heads of border-gate Customs Branches may sanction the acts obstructing proceedings specified in Clauses 1 and 2, Article 9; Clauses 1 and 2, Article 10; Articles 11 and 12; Clauses 1, 2 and 3, Article 13; Article 14; and Clauses 1 and 2, Article 15 of this Ordinance.

2. The Director of the Anti-Smuggling Investigation Department and the Director of the Post-Clearance Inspection Department of the General Department of Vietnam Customs, and Directors of the Customs Departments of provinces, inter-provinces and centrally run cities may sanction the acts obstructing proceedings specified in Articles 9 thru 15 of this Ordinance.

Article 38. Determination of sanctioning competence of the Forest Protection force

1. Heads of Forest Protection Divisions may sanction the acts obstructing proceedings specified in Clauses 1 and 2, Article 9; Clauses 1 and 2, Article 10; Articles 11 and 12; Clauses 1, 2 and 3, Article 13; Article 14; and Clauses 1 and 2, Article 15 of this Ordinance.

2. Heads of Forest Protection Branches, Heads of Regional Forest Protection Sub-Departments and the Director of the Forest Protection Department may sanction the acts obstructing proceedings specified in Articles 9 thru 15 of this Ordinance.

Article 39. Determination of sanctioning competence of the Fisheries Resource Surveillance

1. Fisheries resources surveillance officers assigned to carry out a number of investigating activities may sanction the acts obstructing proceedings specified in Article 11; Clause 1, Article 13; and Article 14 of this Ordinance.

2. Heads of Regional Fisheries Resources Surveillance Sub-Departments and the Director of the Fisheries Resources Surveillance Department may sanction the acts obstructing proceedings specified in Articles 9 thru 15 of this Ordinance.

Article 40. Determination of sanctioning competence of Chairpersons of People’s Committees

1. Chairpersons of commune-level People’s Committees may sanction the acts obstructing proceedings specified in Article 11; Clause 1, Article 13; Articles 14 and 16; Clause 1, Article 18; and Clause 1, Article 19 of this Ordinance.

2. Chairpersons of district-level People’s Committees may sanction the acts obstructing proceedings specified in Clauses 1 and 2, Article 9; Clauses 1 and 2, Article 10; Articles 11 and 12; Clauses 1, 2 and 3, Article 13; Article 14; Clauses 1 and 2, Article 15; Articles 16 and 17; Clauses 1, 2 and 3, Article 18; Article 19; Clauses 1 and 2, Article 21; and Clauses 1 and 2, Article 22 of this Ordinance.

3. Chairpersons of provincial-level People’s Committees may sanction the acts obstructing proceedings specified in Articles 9 thru 19 and Articles 21 and 22 of this Ordinance.

Article 41. Division of sanctioning competence

1. Persons with sanctioning competence in People’s Courts may sanction under Articles 25 and 33 of this Ordinance the acts obstructing proceedings from the time the People’s Courts receive and accept cases or matters.

2. Persons with sanctioning competence in Military Courts  may sanction under Articles 25 and 33 of this Ordinance:

a/ The acts obstructing proceedings from the time the Military Courts receive and accept cases;

b/ The acts obstructing proceedings in the stage of processing sources of information on crimes or charging criminal offences or investigation by competent bodies or persons in Military Procuracies, the Investigation Body of the Central Military Procuracy, Investigation Bodies in the People’s Army, and bodies in the People’s Army that are assigned to carry out a number of investigating activities, except the Border Guard and the Coast Guard;

c/ The acts obstructing proceedings in the stage of prosecution by competent bodies or persons in Military Procuracies.

3. Persons with sanctioning competence in the People’s Public Security force may sanction under Articles 26 and 34 of this Ordinance:

a/ The acts obstructing proceedings in the stage of processing sources of information on crimes or charging criminal offences or investigation by competent bodies or persons in the People’s Public Security forces, People’s Procuracies, or the Investigation Body of the Supreme People’s Procuracy;

b/ The acts obstructing proceedings in the stage of prosecution by competent bodies or persons in People’s Procuracies.

4. Persons with sanctioning competence in the Border Guard may sanction under Articles 27 and 35 of this Ordinance the acts obstructing proceedings in the stage of processing sources of information on crimes or charging criminal offences or investigation by competent bodies or persons in the Border Guard.

5. Persons with sanctioning competence in the Coast Guard may sanction under Articles 28 and 36 of this Ordinance the acts obstructing proceedings in the stage of processing sources of information on crimes or charging criminal offences or investigation by competent bodies or persons in the Coast Guard.

6. Persons with sanctioning competence in the Customs may sanction under Articles 29 and 37 of this Ordinance the acts obstructing proceedings in the stage of processing sources of information on crimes or charging criminal offences or investigation by competent bodies or persons in the Customs.

7. Persons with sanctioning competence in the Forest Protection force may sanction under Articles 30 and 38 of this Ordinance the acts obstructing proceedings in the stage of processing sources of information on crimes or charging criminal offences or investigation by competent bodies or persons in the Forest Protection force.

8. Persons with sanctioning competence in the Fisheries Resources Surveillance may sanction under Articles 31 and 39 of this Ordinance the acts obstructing proceedings in the stage of processing sources of information on crimes or charging criminal offences or investigation by competent bodies or persons in the Fisheries Resources Surveillance.

9. Chairpersons of People’s Committees may sanction under Articles 32 and 40 of this Ordinance the acts obstructing proceedings in the stage of processing sources of information on crimes, charging criminal offences, investigation, prosecution or trial by competent bodies or persons, except the cases specified in Clause 2 of this Article.

Article 42. Procedures for sanctioning administrative violations

1. Procedures for sanctioning administrative violations for the acts obstructing proceedings must comply with Articles 55 thru 68 of the Law on Handling of Administrative Violations and relevant regulations.

2. For individuals or organizations that commit acts obstructing proceedings of People’s Procuracies, Military Procuracies, the Investigation Body of the Supreme People’s Procuracy, the Investigation Body of the Central Military Procuracy, Investigation Bodies in the People’s Army, or bodies in the People’s Army that are assigned to carry out a number of investigating activities, except the Border Guard and the Coast Guard, persons competent to make administrative violation minutes shall send the minutes and relevant documents to the persons with sanctioning competence for consider sanctioning administrative violations in accordance with the Law on Handling of Administrative Violations, this Ordinance, and relevant regulations.

Article 43. Making of administrative violation minutes

1. Persons competent to make minutes of acts obstructing proceedings of People’s Courts and Military Courts include:

a/ The persons with sanctioning competence specified in Article 25 of this Ordinance;

b/ Judges who are assigned to settle cases or matters;

c/ Verifiers and court clerks who are on duty;

d/ Other competent persons of People’s Courts and Military Courts who are on duty.

2. Persons competent to make minutes of acts obstructing proceedings of People’s Procuracies, Military Procuracies, the Investigation Body of the Supreme People’s Procuracy and the Investigation Body of the Central Military Procuracy include:

a/ Procurators who are assigned to settle cases or matters;

b/ Investigators or investigation officers who are assigned to settle cases or matters;

c/ Controllers who are on duty;

d/ Other competent persons of People’s Procuracies, Military Procuracies, the Investigation Body of the Supreme People’s Procuracy and the Investigation Body of the Central Military Procuracy who are on duty.

3. Persons competent to make minutes of acts obstructing proceedings of bodies or persons with investigation competence in the People’s Public Security forces, the People’s Army, the Border Guard, the Coast Guard, the Customs, the Forest Protection force and the Fisheries Resources Surveillance include:

a/ The persons with sanctioning competence specified in Articles 26 thru 31 of this Ordinance;

b/ Investigators who are assigned to settle cases or matters;

c/ Investigation officers who are on duty;

d/ People’s Public Security soldiers who are on duty;

dd/ Other competent persons of the People’s Public Security forces, the People’s Army, the Border Guard, the Coast Guard, the Customs, the Forest Protection force and the Fisheries Resources Surveillance who are on duty.

4. The making of administrative violation minutes must comply with Article 58 of the Law on Handling of Administrative Violations and other relevant regulations.

5. Persons competent to make administrative violation minutes and related individuals and organizations that make errors in making minutes or transferring administrative violation minutes or violation case files shall be handled in accordance with law.

Article 44. Transfer of files of violation cases showing signs of crime for penal liability examination, transfer of violation case files for administrative sanctioning

1. When examining a violation case to decide on administrative sanctioning, if deeming that the act specified in Article 9, 10, 13 or 15; Point b or c, Clause 1; Point a or c, Clause 2; Point a, b or c, Clause 3; or Clause 4 or 5 of Article 18; Clause 3 of Article 20; Article 21; Point c, Clause 2; Point b, Clause 3 or Point b, Clause 4 of Article 23; or Point b, Clause 1 of Article 24, or another act mentioned in this Ordinance shows a sign of crime, the person with sanctioning competence shall immediately transfer the violation case file to an agency competent to conduct criminal proceedings.

The agency competent to conduct criminal proceedings shall consider and make conclusions on the case and notify in writing case settlement results to the competent person who has transferred to case file within the time limit specified in the criminal procedure law; if not charging a criminal offence for the case, the agency competent to conduct criminal proceedings shall, within 3 days from the date of issuance of the decision not to charge a criminal offense for the case, return the case file to the competent person who has transferred the case file.

2. The transfer of files of violation cases that show signs of crime for penal liability examination or the transfer of violation case files for administrative sanctioning must comply with Articles 62 and 63 of the Law on Handling of Administrative Violations.

Article 45. Execution of administrative sanctioning decisions and enforcement of administrative sanctioning decisions

1. The execution of administrative sanctioning decisions and the enforcement of administrative sanctioning decisions must comply with Articles 69 thru 88 of the Law on Handling of Administrative Violations and relevant regulations.

2. Persons competent to issue decisions on enforcement of administrative sanctioning decisions include:

a/ Chairpersons of People’s Committees at all levels;

b/ Chief Justices of district-level People’s Courts, Chief Justices of provincial-level People’s Courts, Chief Justices of regional Military Courts, Chief Justices of Military Courts of military zones and the equivalent, and Chief Justices of Specialized Tribunals of Superior People’s Courts;

c/ Persons competent to issue decisions on enforcement of administrative sanctioning decisions  in the People’s Public Security forces, the People’s Army, the Border Guard, the Coast Guard, the Customs, the Forest Protection force and the Fisheries Resources Surveillance are specified at Points b, c, d, dd and e, Clause 1, Article 87 of the Law on Handling of Administrative Violations.

Article 46. Principles, competence and procedures for application of measures to deter, and secure the handling of, administrative violations

1. Principles, competence and procedures for application, and the cancellation or replacement, of measures to deter, and secure the administrative handling of, acts obstructing proceedings must comply with Articles 120 thru 129 of the Law on Handling of Administrative Violations and other relevant regulations.

2. Men of the People’s Public Security forces who are participating in the protection of court hearings shall compel persons violating internal rules of court hearings to leave courtrooms or arrest or police-escort such violators under decisions of the presiding judges.

 

Chapter IV

IMPLEMENTATION PROVISIONS

Article 47. Effect

This Ordinance takes effect on September 1, 2022.

Article 48. Responsibility for organization of implementation

The Government, the Supreme People’s Court and the Supreme People’s Procuracy shall organize the implementation of this Ordinance.

This Ordinance was passed on August 18, 2022, by the Standing Committee of the 15th National Assembly of the Socialist Republic of Vietnam at the August meeting on lawmaking.-

On behalf of the National Assembly Standing Committee
Chairman of the National Assembly
VUONG DINH HUE


[1] Công Báo Nos 701-702 (24/8/2022)

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Decree No. 128/2022/ND-CP dated December 30, 2022 of the Government amending and supplementing a number of articles of the Government's Decree No. 38/2021/ND-CP dated March 29, 2021 on sanctioning of administrative violations related to culture and advertising, amended and supplemented by the Government's Decree No. 129/2021/ND-CP dated December 30, 2021 amending and supplementing a number of articles of Decrees on sanctioning of administrative violations related to tourism; sport; copyright and related rights; culture and advertising

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Administrative violation , Commerce - Advertising , Culture - Sports - Tourism

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