Nghị định 73/2010/ND-CP

DECREE

REGULATING ON SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS IN THE DOMAIN OF SECURITY, ORDER AND SOCIAL SAFETY

THE GOVERMENT

Pursuant to the Law on Government organization, of December 25, 2001;

Pursuant to the Ordinance on Handling administrative violations, of July 02, 2002 and Ordinance on amending and supplementing a number of articles of the Ordinance on Handling administrative violations, of April 02, 2008;

At the proposal of the Minister of Public Security

DECREES:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree regulates administrative violations in the domain of security, order and social safety (hereinafter referred to as security and order); forms of sanctions, fines, remedial measures; competence of sanction; the orders and procedures for sanction; complaints, denunciations and settlement of complaints, denunciations.

2. Administrative violations in domain of security and order are acts violating state management regulations on security and order which are deliberately or undeliberately committed by individuals, organizations not constitute crimes and Article prescribed in this Decree, they must be administratively sanctioned.

3. Administrative violations in domain of security and order or related to security and order specified in other Government's Decrees on administrative sanction are implemented administrative sanction as prescribed in those Decrees.

Article 2. Subjects of application

Vietnamese individuals, organizations; foreign individuals, organizations, international organizations committing administrative violations in domain of security and order in territory of the Socialist Republic of Vietnam shall be sanctioned as prescribed in this Decree and other regulations of law related to administrative sanction.

In case a treaty to which the Socialist Republic of Vietnam is a contracting party otherwise provides, such treaty will prevail.

Article 3. Principles for administrative sanction

Principles for administrative sanction in domain of security and order are implemented as prescribed in Article 3 of the 2002 Ordinance on handle administrative violations and Article 3 of the Decree No. 128/2008/ND-CP of December 16, 2008 detailing the implementation of a number of articles of the 2002 Ordinance on handling of administrative violations and the 2008 Ordinance on amending and supplementing a number of articles of Ordinance on handling of administrative violations.

Article 4. Forms of sanctioning administrative violations

1. For each act of administrative violation in domain of security and order specified in this Decree, the violating individuals or organizations must be subject to one of the following principal sanctioning forms:

a) Warnings;

b) Fines.

The minimum fine is VND 60,000, the maximum fine is VND 30,000,000. The specific fine for each violation in domain of security and order is specified in chapter II of this Decree.

2. Depending on the nature and seriousness of their violations, individuals and/or organizations that commit administrative violations in domain of security and order may also be subject to the application of one or both of the following additional sanctioning forms:

a) Stripping off the right to use permits, professional practice certificates;

b) Confiscating material evidences and/or means used to commit administrative violations.

3. Apart from the principal sanctioning forms, additional sanctioning forms prescribed in Clause 1 and clause 2 of this Article, the individuals and organizations committing administrative violations may also be subject to the application of one or many of the following consequence-overcoming measures:

a) Forcible restoration of the initial state altered due to the administrative violations or forcible dismantling of illegally constructed works;

b) Forcible application of measures to overcome the environmental pollution, epidemic spreads, caused by the administrative violations;

c) Forcible bringing out of the Vietnamese territory or forcible re-exports of goods, articles and means;

d) Forcible destruction of articles which cause harms to human health, domestic animals and cultivated plants, and harmful cultural products.

4. Persons committing administrative violations which cause harms to organizations, individuals, apart from administratively sanctioned as prescribed in clause 1, clause 2 and clause 3 of this Article, they must pay damages as prescribed by civil law.

5. Foreigners who commit administrative violations in domain of security and order in Vietnam’s territory may also be sanctioned with expulsion out of the Socialist Republic of Vietnam.

The expulsion may be applied as a principal sanctioning form or an additional sanctioning form. Competence, order and procedures for application of sanction form of expulsion are implemented as prescribed by current law on sanction with expulsion under administrative procedures.

Article 5. The statute of limitations for sanctioning an administrative violation

1. The statute of limitations for sanctioning an administrative violation in domain of security and order shall be one year as from the date such administrative violation is committed; for administrative violations on exit and entry, the statute of limitations for sanctioning an administrative violation shall be two years as from the date such administrative violation is committed.

Past the above-mentioned time limits, no administrative sanction shall be imposed but other consequence-overcoming measures prescribed in this Decree shall still apply.

2. For individuals who were sued, prosecuted or got decisions to be brought to trial according to criminal procedures, but later got decisions to suspend investigation or suspend the cases where acts of violation show signs of administrative violations, they shall be administratively sanctioned; for this case, the statute of limitations for sanctioning administrative violations shall be three months as from the date the persons with sanctioning competence receive the suspension decisions and the dossiers on the violations.

3. Within the time limits prescribed in Clauses 1 and 2 of this Article, if the violating individuals or organizations commit new administrative violations or deliberately evade or obstruct the sanctioning, the statute of limitations mentioned above shall not apply; the statute of limitations for sanctioning administrative violations shall be re-calculated from the time the new administrative violations are committed or the time stopping the acts of evading and/or obstructing the sanctioning terminate.

4. If the persons with sanctioning competence are at fault in letting the statue of limitations for sanctioning administrative violations expire, they shall be handled according to the provisions in Article 121 of the 2002 Ordinance on handling of administrative violations.

Article 6. Time limits for being considered not yet administratively sanctioned

One year as from the date of completely serving the sanctioning decisions or the date of expiry of the statute of limitations for executing the sanctioning decisions, if the individuals and organizations sanctioned for administrative violations in domain of security and order do not repeat their violations, they shall be considered not yet being administratively sanctioned.

Chapter 2.

ACTS OF ADMINISTRATIVE VIOLATIONS AND FORMS OF SANCTION

Article 7. Violations of public order

1. To serve a warning or fine of 100,000 to 200,000 VND for one of the following acts:

a) Displaying a crude, provocative or teasing gesture or any other act which hurts the honor and dignity of another person;

b) Causing disturbances at the theaters, movie houses, cultural houses, clubs, places for art performances or the organization of physical culture and sport activities, festivals, exhibitions, fairs, offices of agencies, firms, social organizations, enterprises, cooperatives, residential areas, schools, hospitals, railway stations, ports, bus stations or on the means of transport, in city streets, in the border gate or port areas or orther public places which, however, is not serious enough to be examined for penal liability;

c) Letting buffaloes, oxen, horses, dogs or other animals range freely in city, township or at public places.

2. To serve a fine of 500,000 to 1,000,000 VND for one of the following acts:

a) Fighting or instigating others to fight which, however, is not serious enough to be examined for penal liability;

b) Notifying false information to competent state agencies;

c) Getting drunk and causing disturbances at public places which, however, is not serious enough to be examined for penal liability;

d) Throwing bricks, soil, stone, sand or any other object into houses, onto a ship, boat, train and other means of transport, or at a person, article or property of another person;

dd) Gathering in large numbers at public places and causing disturbances at public places which, however, is not serious enough to be examined for penal liability;

e) Letting domestic and other animals causing injuries, damages to property of another person;

g) Flying kites or balloons, directing remote control toy planes or other flying objects in the airport areas, prohibited areas; burning and flying “sky lamps” in cities, townships, or areas with crowded residents, industrial zones, warehousing areas, airports, ports, etc.

3. To serve a fine of 1,000,000 to 2,000,000 VND for one of the following acts:

a) Obstructing the work or failing to comply with the request of the persons on duty, or using abusing words or acts that hurt the honor of the persons on duty or combating the persons on duty which, however, is not serious enough to be examined for penal liability;

b) Instigating others not to comply with the request of the persons on duty;

a) Disturbing public order while carrying rudimentary weapons like knives, bayonets, scimitars, chains, cudgels, sticks, etc, or support devices;

d) Enticing or inciting another person to dusturb, cause disturbances at public places which, however, is not serious enough to be examined for penal liability;

dd) Hiring or enticing another person to fight;

a) Gathering in large numbers for promotion, inciting illegal competitions of canoes, motor boats, ships which, however, is not serious enough to be examined for penal liability;

g) Causing public disorder at the court, the place of verdict enforcement, or any other acts which obstructs the trying activities or the execution of the verdicts which, however, is not serious enough to be examined for penal liability;

h) Causing public disorder at the place of execution of enforcement decision which, however, is not serious enough to be examined for penal liability;

i) Misusing right of democracy and religious freedom for enticing, inciting another person to violate benefits of state, lawful rights and interests of organizations, individuals;

k) Directly doing or hiring person to infringe upon health, life of another person;

l) Disrupt or obstruct normal activities of agencies, organizations;

m) Illegal gathering in large numbers of persons at areas, prohibited locations and areas ;

n) Implement improperly with regulations of law on gathering in large numbers of persons at public places;

o) Organizing, facilitating for another person to marry with foreigners at variance with culture and fine traditions or at variance with law, affecting to security, order (except case specified in clause 4 Article 11 of the Government’s Decree No. 60/2009/ND-CP of July 23, 2009, on sanctioning of administrative violations in the judicial domain);

p) Writing, disseminating, circulating documents bringing contents of distortion, fabrication, slander affecting to prestige of organizations, individuals which, however, is not serious enough to be examined for penal liability;

q) Storing, transporting “sky lamp”.

4. To serve a fine of 2,000,000 to 5,000,000 VND for one of the following acts:

a) Storing, concealing inside of body, items or means of transport for knives, hammer of all kinds, other tools and devices regularly used in labor, living activities everyday aiming to disrupt public order, deliberately injure to another person;

b) Producing, importing, trading “sky lamp”.

5. Additional forms of sanctions:

Confiscating material evidences and/or means for acts specified in points dd, h clause 2; points c, p, q clause 3 and clause 4 this Article.

6. The offenders stated in point e, clause 2 this Article must pay all damages caused by cattles or other animals.

Article 8. Acts of disturbing the common tranquility

1. To serve a warning or a fine of 100,000 to 200,000 VND for one of the following acts:

a) Causing a big noise or an uproar during the time from 22 hrs to 5 am;

b) Failing to comply with the regulations on the tranquility of hospitals, sanatoria or schools and other places which are prescribed to keep common tranquility.

2. To serve a fine of 300,000 to 500,000 VND for one of the following acts: Using loudspeakers, gongs, drums, whistles, bugle or other means at a public place for a promotion activity without permission of the competent agencies.

3. Additional forms of sanctions:

Confiscating material evidences and/or means for acts specified in clause 2 this Article.

Article 9. Acts which affect the common sanitation

1. To serve a warning or a fine of 60,000 to 100,000 VND for one of the following acts:

a) Failing to comply with the regulations on the clearance of garbage and draining of gutters within and around dwelling houses, public offices, enterprises or army barracks thus affecting the common sanitation;

b) Throwing water or letting water run out thus affecting the sanitation within apartment buildings, on roads, the pavements, at the railway and bus stations and on the means of public transport or at other places;

c) Urinating or defecating in the streets and other public passages;

d) Letting domestic and other animals urinate at public places;

e) Collecting or transporting dejecta by rudimentary means of transport in the towns and cities and letting it drop on the ground or affecting sanitation.

2. To serve a fine of 100,000 to 300,000 VND for one of the following acts:

a) Transporting dejecta by the motor transport means in the towns and cities and letting it drop on the ground or affecting sanitation;

b) Throwing garbage or any other things into sewage collecting holes or the public drainage system;

c) Throwing garbage, dead animals, or any other object that affect sanitation at public places or the places of public fountains, drinking water wells, ponds and lakes regularly used by the population in their daily life;

d) Arbitrarily burning waste, poisons or other dangerous substances in residential areas or at public places.

3. To serve a fine of 300,000 to 500,000 VND for act of building latrines at variance with regulations thus affecting public saniatation.

4. To serve a fine of 500,000 to 1,000,000 VND for one of acts of throwing wastes, filthy substances or other substances causing stain for houses, offices, business and production places of other persons.

5. Remedial measures:

a) Forcing to remedy environment pollution for acts specified in points b, c, d, e clause 1; points a, c, d clause 2 and clause 4 this Article;

b) Forcing to restore the initial state for acts specified in point b clause 2 and clause 4 this Article;

c) Forcing to dismantle latrines for acts specified in clause 3 this Article.

Article 10. Acts which violate regulations on civilized lifestyle

To serve a warning or a fine of 60,000 to 100,000 VND for one of the following acts:

1. Not wearing clothes or wearing underclothes at places of gathering crowded persons, cultural, religious locations, working places in State offices or offices of political organizations, economic organizations and social organizations;

2. Entering without tickets places where tickets are required;

3. Using rude, obscene and other uncultured language or gestures at public places.

Article 11. Acts which violate regulations on the registration and management of residence

1. To serve a fine of 100,000 to 200,000 VND for one of the following acts:

a) Failing to comply with regulations on registration of permanent and temporary residence;

b) Failing to comply with regulations on adjustment, supplementation or other changes in household book, temporary residence registration book;

c) Failing to comply with regulations on the declaration of temporary absence;

d) Failing to comply with inspection of household book, temporary residence, staying; or failing to present household book, temporary residence registration book and other papers relating to residence at the request for inspection of competent agencies.

2. To serve a fine of 1,000,000 to 2,000,000 VND for one of the following acts:

a) Making erasures or corrections or falsifying the contents, forms of the household register; temporary residence registration, other papers relating to residence, supplying untrue information or documents on residence;

b) Hiring, borrowing, leasing or lending the household register; temporary residence registration, or other papers relating to residence in order to implement acts at variance with laws;

c) Using the household register; temporary residence registration, or other papers relating to residence in order to implement acts at variance with laws;

d) Failing to make a staying-notification with Police officers in accordance with regulation when there are persons arriving and staying;

e) Organizing, inciting, enticing, seducing, broking, forcing other person to violate law on residence;

3. To serve a fine of 2,000,000 to 4,000,000 VND for one of the following acts:

a) Making a false declaration or faking a dossier, paper in order to be registered in a household register, be granted household register or temporary residence registration;

b) Faking a household register, temporary residence registration which, however, is not serious enough to be examined for penal liability;

c) Using a fake household register or temporary residence registration;

d) Letting other person to register in household register, place of residence for seeking profit;

dd) Letting other person to register household in a same resident place but failing to ensure the minimum floor area per capita in accordance with regulation;

e) Signing labor contract with unlimited term with employees who not belong to enterprise for purpose of register in household register.

4. Additional forms of sanctions:

Confiscating material evidences and/or means for acts specified in point a, clause 2; points a, b, c, d clause 3 of this Article.

Article 12. Acts which violate regulations on the grant, management and use of identification card and personal papers

1. To serve a warning or a fine of 60,000 to 100,000 VND for one of the following acts:

a) Failing to carry the identification card, personal papers when traveling;

b) Failing to produce the identification card, personal papers when requested for inspection;

c) Failing to observe strictly the regulation on the grant of new ones, re-issuance or change of identification cards;

d) Failing to observe strictly the regulation on the withdrawal, custody of identification cards;

2. To serve a fine of 100,000 to 200,000 VND for one of the following acts:

a) Abandoning the identification card after being checked and taken into temporary custody;

b) Entering without permit or with an invalidated permit an area where an entry permit is required.

3. To serve a fine of 500,000 to 1,000,000 VND for one of the following acts:

a) Using identification card of another person at variance with regulations;

b) Erasing, correcting the identification card, or personal papers;

c) Hiring, borrowing, leasing or lending the identification card, or personal papers;

4. To serve a fine of 1,000,000 to 3,000,000 VND for one of the following acts:

a) Making a false declaration or faking a dossier, supplying untrue information, documents in order to be issued an identification card or personal papers;

b) Faking an identification card or personal paper which, however, is not serious enough to be examined for penal liability;

c) Using fake identification card;

5. To fine of 3,000,000 to 5,000,000 VND for act of using identification card for mortgage aiming to defraud, appropriate property of another person.

6. Additional forms of sanctions:

Confiscating material evidences and/or means for acts specified in points a, b clause 3 and clause 4 of this Article.

Article 13. Acts which violate regulations on management of the use of weapons, explosives, support devices, prohibited firecrackers and dangerous toys

1. To serve a fine of 500,000 to 1,000,000 VND for one of the following acts:

a) Failing to carry out or to carry out not in time and not fully the regulations on periodical control of weaponsm explosives and support devices equipped;

b) Violating the regime of maintenance of weapons, explosives and support devices;

c) Using prohibited dangerous toys;

d) Circulating permits for use of weapons, explosives, support devices which are no longer valid.

2. To serve a fine of 1,000,000 to 2,000,000 VND for one of the following acts:

a) Using weapons, support devices without permits;

b) Handing weapons, support devices to persons who have no conditions or criteria to use them;

c) Failing to hand over weapons, support devices or explosives as prescribed;

d) Failing to fully declare or register the weapons, explosives and support devices to the competent agency;

e) Using firecrackers without permission.

3. To serve a fine of 2,000,000 to 4,000,000 VND for one of the following acts:

a) Borrowing or lending weapons, support devices or use permits, purchase permits, repair permits, permits for transport, bringing of weapons, support devices;

b) Correcting, erasing the use permits, purchase permits, repair permits, transport permits, permits for bringing of weapons, support devices;

c) Losing use permits, transport permits, purchase permits, repair permits, permits for bringing of weapons, support devices;

d) Using weapons, explosives, support devices at variance with regulation but have not yet caused consequences;

e) Using weapons, support devices for hunting wild animals.

4. To serve a fine of 4,000,000 to 8,000,000 VND for one of the following acts:

a) Buying, selling, transporting, or storing rudimentary weapons or support devices in small quantities without permit or with an invalid permit;

b) Buying, selling kinds of waste material or substandard goods mixed with weapons, explosives or suppot devices in small quantities;

c) Violating the regulations on safety in the transportation of weapons, explosives or support devices;

d) Sawing or dismantling bombs, mines, shells, hand-grenades, torpedoes and other weapons for illegal extraction of gunpowder;

dd) llegally producing, storing, trading in or transporting firecrackers, firecracker powder and dangerous toys which, however, is not serious enough to be examined for penal liability;

e) Losing weapons, support devices.

5. To serve a fine of 8,000,000 to 12,000,000 VND for one of the following acts:

a) Manufacturing or repairing without permit rudimentary weapons, support devices and toys on the ban list;

b) Buying, selling, transporting rudimentary weapons or support devices in large quantities without permit or with an invalid permit;

c) Illegally trading, transporting, storing sport weapons;

d) Transporting weapons, military weapon details, explosive accessories, support devices without permit or without complying with the prescriptions in the permit or with invalidated permits or without other papers as prescribed by law;

6. To serve a fine of 20,000,000 to 30,000,000 VND for one of the following acts:

a) Illegal manufacturing, designing or repairing military weapons, sport weapons or hunting rifles;

b) Illegally taking in and out of Vietnamese territory weapons, hunting rifles, support devices, different kinds of firecrackers or dangerous toys.

7. Administrative violations in management of industrial explosives shall be handled in accordance with the Government’s Decree and other legal documents related to regulation on handling of administrative violations in management of industrial explosives.

8. Additional forms of sanctions:

a) Confiscating material evidences and/or means for acts specified in points c, d clause 1; points a, b, c, e clause 2; points b, d, e clause 3; points a, b, d, dd clause 4; clause 5, clause 6 of this Article.

b) Depriving the right to use of permit within 6 months for acts specified in point b clause 2 of this Article;

c) Depriving the right to use of permit with no term for acts specified in points a, b, e clause 3 of this Article;

Article 14. Acts which violate regulations on management of a number of business lines with condition on security and order

1. To serve a fine of 200,000 to 500,000 VND for one of the following acts:

a) Using employees who are not enough conditions, standard to operate in business facilities with condition on security and order, or failing to fully implement other regulations on security and order when operating in business lines with conditions;

b) Failing to present certificate of eligible on security and order at the request for inspection of competent agencies;

c) Losing certificate of eligible on security and order;

d) Failing to periodically report on security and order of business facility with condition on security and order as prescribed and guided by the Ministry of Public Security;

dd) Failing to have written notification on operation time of business facility with condition on security and order for competent Police agencies;

e) Failing to have written notification on temporarily stopping the business operation of business facility with condition on security and order for competent Police agencies;

2. To serve a fine of 2,000,000 to 5,000,000 VND for one of the following acts:

a) Conducting business not in comformity with the contents and places prescribed in the certificate of eligible on security and order;

b) Accepting pledge of property which must have ownership or registration papers as prescribed, however, without such papers;

c) Pledging, mortgaging property without contract as prescribed;

d) Lending, borrowing or transferring certificate of eligible on security and order;

e) Failing to comply with or obstructing the security and order inspection of competent police agencies.

3. To serve a fine of 5,000,000 to 15,000,000 VND for one of the following acts:

a) Practicing business with condition on security and order without certificate of eligible on security and order;

b) Failing to implement conditions on security and order for facility that operates in business lines with conditions on security and order;

c) Failing to implement conditions on security and order, implement improperly requirements on conditions in order to assure for security and order, or failing to declare temporary residence when allow foreigners to be hired accommodations, working places;

d) Using business facility with conditions on security and order in order to organize activities of prostitution, drug abuse, gambling or other unlawful activities;

dd) Creating conditions for others to misuse the business facility with conditions on security and order in order to organize activities of prostitution, drug abuse, gambling or other unlawful activities;

e) Mortgaging assets which the possession comes from theft, fraud, appropriation or other violations.

4. Additional forms of sanctions:

a) Depriving the right to use of permit, practicing certificate within from 3 months to 6 months for acts specified in point e clause 1; points a, d clause 2; points d, dd clause 3 of this Article;

b) Depriving the right to use of permit, practicing certificate within from 6 months to 9 months for acts specified in point e clause 3 of this Article;

Article 15. Acts which violate regulations on the management and use of seals

1. To serve a fine of 200,000 to 500,000 VND for act of losing or tearing the certificate of seal specimen registration.

2. To serve a fine of 1,000,000 to 2,000,000 VND for one of the following acts:

a) Engraving kinds of seal without permit or other papers as prescribed;

b) Using a seal which has not been registered for the model copyright deposit or which has not been granted a certificate of seal specimen registration;

c) Arbitrarily taking the seal out of the agency or unit without permission of the competent level;

d) Losing the seal which is being used;

dd) Failing to re-engraving seal when having decision of competent authorities on rename of agencies, organizations or when changing head office of agencies, organizations as prescribed;

e) Failing to re-engraving seal according to the set specimen;

g) Failing to remit the seal when agencies, organizations are divided, merged, dissolved, bankrupted, ended mission, transfered form of ownership or stopped operation;

h) Failing to notify seal specimen to relevant agencies before using.

3. To serve a fine of 2,000,000 to 5,000,000 VND for one of the following acts:

a) Failing to remit the seal, certificate of seal specimen registration or failing to remit the seal in set time limit after a decision has been issued by a competent authority to retrieve the seal;

b) Affixing the seal to a document or paper without any contents;

c) Affixing the seal to a document or paper which are not yet signed by the competent person or which are signed by an incompetent person;

d) Having no certificate of seal specimen registration;

e) Borrowing, lending the seals; using seals of other agencies or organizations for operation.

4. To serve a fine of 5,000,000 to 10,000,000 VND for one of the following acts:

a) Bringing a seal from abroad for use in the Socialist Republic of Vietnam without permit or without certificate of seal specimen registration;

b) Illegally using seals brought from abroad in Vietnam;

c) Engraving fake seal or using fake seal which, however, is not serious enough to be examined for penal liability;

5. Additional forms of sanctions:

a) Confiscating material evidences and/or means for acts specified in points b, dd, d, g clause 2; points a, b, c, e clause 3; point c clause 4 of this Article;

b) Confiscating material evidences and/or means, depriving the right to use of permit, practicing certificate within from 3 months to 6 months for acts specified in point a clause 2 of this Article.

Article 16. Acts which violate regulations on the management of safeguarding service business operation

1. To serve a fine of 100,000 to 200,000 VND for one of the following acts:

a) Failing to wear signs as prescribed when implement the safeguarding tasks;

b) Not possessing certificate of guard which is granted by director of enterprise.

2. To serve a fine of 200,000 to 500,000 VND for one of the following acts:

a) Failing to notify on location placed head office or locality, time of beginning operation of enterprise, branch, and representative office; failing to periodically report on activities of safeguarding related to security and order;

b) Losing certificate of eligible on security and order for the safeguarding service business;

c) Using employees of safeguarding services, who are untrained, have not yet issued certificate of professional safeguard.

3. To serve a fine of 2,000,000 to 5,000,000 VND for one of the following acts:

a) Conducting business activities improper with business lines and other services apart from supply of safeguarding service;

b) Failing to notify on bringing employees to conduct the safeguarding activities outside of scope of provinces and centrally-run cities where located office of enterprise as indicated in business registration;

c) Failing to notify on change of head of enterprise, branch, or representative office with competent Police agencies in arcodance with regulation;

d) Failing to implement the grant of certificate of guard or signs for employees agencies in accordance with regulation;

e) Recruiting employees for safeguarding services does not ensure conditions, standards as prescribed.

4. To serve a fine of 5,000,000 to 10,000,000 VND for one of the following acts:

a) Conducting the safeguarding service business without certificate of eligible on security and order for supply of safeguarding service;

b) Equipping costume, signs, rank insignia, hat for employees of safeguarding service at variance with regulation;

c) Conducting the armed activities, activities of investigation, and private detectives under all forms;

d) Letting another person to borrow name of organization, individual in order to establish an enterprise doing safeguarding service business;

dd) Establishing enterprise doing safeguarding service business which assigned for another person to do business;

e) Training, coaching, improving for employees of safeguarding service without permission, falling beyond competence;

g) Conducting activities of safeguarding service but failing to sign contracts with individuals, organizations hiring the safeguarding service;

h) Hiring the safeguarding service but requiring employees of safeguarding service to use force or implement acts violating law, invading lawful rights and interests of individuals, organizations;

i) Hiring safeguarding service with purpose of threatening, obstruction or causing difficulties for normal and lawful activities of individuals, organizations.

5. Additional forms of sanctions:

a) Depriving the right to use of practicing permit within from 1 month to 3 months for acts specified in point c clause 2 of this Article;

b) Depriving the right to use of practicing permit within from 3 months to 6 months for acts specified in point a clause 3; points a, c, g clause 4 of this Article;

c) Depriving the right to use of practicing permit for acts specified in point dd clause 4 of this Article;

d) Confiscating material evidences and/or means for acts specified in point b clause 4 of this Article.

Article 17. Acts violating regulations on criminal proceedings, the execution of other administratively-handling measures

1. A fine of 500,000 to 1,000,000 VND for a violation of the regulations on re-education at the commune, ward or township or sending into reformatory; sending into educational facilities; sending into health treatment establishments.

2. To serve a fine of 1,000,000 to 2,000,000 VND for one of the following acts:

a) Violating regulations on application of preventive measures such as: arrest, temporary custody, temporary detention, bail, ban from leaving the place of residence, pledging money or valued property to stand security for an offender or acts violating other preventive measures as prescribed by law;

b) Violating the obligation of a participant in a court proceeding such as: failing to supply documents and evidences at the legal request of the agency and the person conducting the proceedings; failing to carry out the obligations of a witness, translator, attorney or the person having rights and interests related to the case; violating the regulations on the maintenance of evidences, the sealing or inventorizing of properties, or other violations as prescribed by law;

c) Violating regulations on temporary detention, temporary custody; on the execution of criminal verdicts including: suspended sentences, house arrest, ban on residence, ban on holding position, ban on practicing or doing a defined work, depriving a few of citizen rights, expulsion, reformation without detention, serving prison sentences; on the execution of fine or confiscating property;

d) Failing to comply with or obstruct execution of civil, administrative, labor, marriage and family judgments, decisions of Courts or other violations as prescribed by law.

Article 18. Acts causing damage to the property of others

1. To serve a fine of 1,000,000 to 2,000,000 VND for one of the following acts:

a) Stealing property which, however, is not serious enough to be examined for penal liability;

b) Publicly appropriating property of others, which, however, is not serious enough to be examined for penal liability;

c) Using deceitful tricks or fleeing in order to appropriate property of others, which, however, is not serious enough to be examined for penal liability;

d) Illegally using property of others, which, however, is not serious enough to be examined for penal liability;

e) Hustling others or causing troubles to others while carrying, transporting or keeping baggages at landing stages, bus stations, airports, sea ports, railway stations and other public places.

2. To serve a fine of 2,000,000 to 5,000,000 VND for one of the following acts:

a) Destructing or deliberately causing damages to property of others, which, however, is not serious enough to be examined for penal liability;

b) Losing or causing faults, damages to state property that is assigned in direct management, which, however, is not serious enough to be examined for penal liability;

c) Using deceitful tricks, creating situation in order to force others handing money, property, which, however, is not serious enough to be examined for penal liability;

d) Committing fraud or defrauding in brokerage of, guidance and introduction on services of purchase and sale of houses, lands or other property which, however, is not serious enough to be examined for penal liability;

dd) Buying, selling, storing or using property of others although clearly knowing that property possessed from violations, which, however, is not serious enough to be examined for penal liability;

e) Illegally occupying property of others, which, however, is not serious enough to be examined for penal liability;

3. Additional forms of sanctions:

Confiscating material evidences and/or means for acts specified in points a, b, c, d clause 1; points c, dd, e clause 2 of this Article.

4. The offenders as prescribed in points a, b, c clause 1; points a, b, c, d, e clause 2 of this Article must pay all damages caused by their administration violations.

Article 19. Acts causing damage to public works and security and order works

1. To servce a fine of 500,000 VND to 1,000,000 VND for one of the acts of moving or dismantling without authorization or any other acts that damage the warning signs, direction signs, name signs of agencies, organizations.

2. To servce a fine of 1,000,000 VND to 1,000,000 VND for one of the acts of moving or dismantling without authorization or any other acts that damage the warning signs, direction signs, name signs of agencies, organizations.

3. To serve a fine of 5,000,000 to 10,000,000 VND for act violating regulation on the security and order works protection.

4. Additional forms of sanctions:

Confiscating material evidences and/or means for acts specified in clause 1, clause 2 and clause 3 of this Article.

5. Remedial measures:

Forcing to restore the initial state for acts specified in clause 1, clause 2 and clause 3 of this Article;

Article 20. Acts which violate regulations on exit, entry, transit, residence and travelling

1. A warning or a fine of 100,000 to 200,000 VND for act of foreigner which travelling in Vietnam’s territory without carrying passport or other paper with passport replacement value; failing to present passport or other paper with passport replacement value when competent persons request for inspection.

2. To serve a fine of 500,000 to 2,000,000 VND for one of the following acts:

a) Losing, corrupting passport or paper with passport replacement value, Vietnamese visa, temporary or permanent residence card but failing to immediately report to competent agencies;

b) Erasing, deleting, repariring or falsifying forms, contents indicated in passport or paper with passport replacement value, visa, temporary or permanent residence card;

c) Making untrue declaration in order to be granted passport or paper with passport replacement value, Vietnamese visa, temporary or permanent residence card, using passport or paper with passport replacement value which is no longer value for entry, exit;

d) Foreigners entering the prohibited areas, or entering without permit areas that state required permit or traveling beyond the allowed territorial or time limit;

dd) Failing to present passport or paper with passport replacement value or papers related to exit and entry when requested by the Vietnamese authorities; failing to comply with other requests of the authorities concerning body and baggage checks as prescribed by law;

e) Foreigners who enter Vietnam without declaring temporary residence as prescribed or use a certificate of temporary residence, a temporary or permanent residence card in Vietnam which has expired for 15 days or fewer without permission from the competent agency;

g) Facility which lets foreigners staying overnight but fails to forward content of declaration of temporary residence, fails to guide foreigners in declaration of temporary residence as prescribed or implement improper other regulations of the competent agency.

3. To serve a fine of 2,000,000 to 5,000,000 VND for one of the following acts:

a) Conducting entry, exit, transit without passport, visa or paper with passport replacement value and visa as prescribed;

b) Crossing national border but failing to do procedures for exit, entry as prescribed;

c) Hiding or organizing, helping another person to hide in a means of entry or exit with the aim of entering Vietnam or leaving for abroad;

d) Letting another person using passport, paper with passport replacement value;

dd) Using passport, paper with passport replacement value of another person in order to conduct entry, exit or transit;

e) Foreigners who enter Vietnam without declaring temporary residence as prescribed or use a certificate of temporary residence, a temporary or permanent residence card in Vietnam which has expired for more than 16 days without permission from the competent agency;

g) Foreigners who have been issued permanent residence card, fail to declare for re-issuance when changing address.

4. To serve a fine of 5,000,000 to 10,000,000 VND for one of the following acts:

a) Owners or controllers of means transporting persons who illegally conduct entry, exit in Vietnam;

b) Using fake passport, fake paper with passport replacement value, fake visa, fake temporary residence card, fake permanent residence card, fake verifying seal for exit, entry or transit.

5. To serve a fine of 10,000,000 to 20,000,000 VND for one of the following acts:

a) Helping, concealing, hiding, facilitating for another person to iilegally go abroad, stay in foreign countries, enter Vietnam, stay in Vietnam or cross national border;

b) Foreigners who conduct entry, practice or conduct other activities in Vietnam without permission of Vietnam competent agencies as prescribed by law;

c) Individuals, organizations in Vietnam who stand security for or who do the procedures for foreigners to enter Vietnam, apply for visa, issuance of temporary residence card, extension of temporary residence but do not implement properly with responsibilities as prescribed by law or declare improper with truth when stand security, invite or do the procedures for foreigners to enter Vietnam, apply for visa, issuance of temporary residence card, extension of temporary residence;

6. To serve a fine of 20,000,000 to 30,000,000 VND for one of the following acts:

a) Making fake dossiers, papers in order to be issued passport or paper with passport replacement value, visa, temporary residence card, permanent residence card;

b) forging passport or other paper with passport replacement value, visa, temporary residence card, permanent residence card or the verifying seal;

c) Seeking shelter in a foreign embassy or consulate or the office of an international agency or organization based in Vietnam;

d) Foreigners reside in Vietnam without permission of the competent agencies;

e) Organizing, guiding or making brokerage for another person to illegally conduct exit, entry in Vietnam.

7. Additional forms of sanctions:

Confiscating passport, paper with passport replacement value, material evidences and/or means for acts specified in clauses 1, 2, 3, 4, 5 and clause 6 of this Article.

Article 21. Acts which violate regulations on the prevention, fight and control of narcotics

1. To serve a fine of 500,000 to 1,000,000 VND for acts of smoking, injecting or inhaling or any other forms of illegal use of narcotics.

2. To serve a fine of 1,000,000 to 2,000,000 VND for one of the following acts:

a) Illegally storing, transporting or appropriating narcotics which, however, is not serious enough to be examined for penal liability;

b) Storing, transporting, trading or appropriating precursor substances used in illegal production of narcotics which, however, is not serious enough to be examined for penal liability;

3. To serve a fine of 2,000,000 to 5,000,000 VND for one of the following acts:

a) The owners or liable persons in management of restaurants, hotels, inns, motels, clubs, means of transport and other places, because of weaknesses, lack of liability, let another person misusing to use narcotics in areas or means of transport managed by them;

b) Planting opium poppy, cannabis, coca or other tree containing narcotic..

4. To serve a fine of 5,000,000 to 10,000,000 VND for one of the following acts which, however, is not serious enough to be examined for penal liability:

a) Producing, buying or selling instruments for the injection, smoking or other forms of using narcotics;

b) Providing the place and means for others to smoke, inject or use narcotics in other forms;

c) Acting as intermediary, helping, facilitating or in other forms for others to inject, smoke, use narcotics in any forms;

d) Giving recipes and supplying medicaments or buying and selling narcotic-containing medicaments at variance with prescriptions;

e) Delivering without authorization narcotic-containing medicaments and psychotropic substances for keeping or use to others.

5. To serve a fine of 20,000,000 to 30,000,000 VND for one of the following acts which, however, is not serious enough to be examined for penal liability:

a) Violating the regulations on the procedures for the export, import, temporary import for re-export and transit transportation of narcotic-containing substances, drugs causing addiction, psychotropic drugs and narcotic precursors;

b) Violating the regulations on study, appraisal, production, preservation of narcotics, drugs causing addiction, psychotropic drugs and narcotic precursors;

c) Violating the regulations on delivery, receipt, storing, transport of narcotics, drugs causing addiction, psychotropic drugs and narcotic precursors;

d) Violating the regulations on distribution, trading, use, exchange of narcotics, drugs causing addiction, psychotropic drugs and narcotic precursors;

e) Violating the regulations on management, control, storing of narcotics, drugs causing addiction, psychotropic drugs and narcotic precursors at border-gate areas, border areas,on sea;

6. Additional forms of sanctions:

a) Confiscating material evidences and/or means for acts specified in clauses 1, 2, 3, 4 and clause 5 of this Article.

b) Depriving the right to use of permit, practicing certificate within from 3 months to 6 months for acts specified in point a clause 2; point d clause 3; clause 4 of this Article;

Article 22. Acts of prostitution and related to prostitution operation

1. To serve a fine of 100,000 to 200,000 VND for act of sexual abuse.

2. To serve a fine of 500,000 to 1,500,000 VND for act of providing the place for prostitution operation which, however, is not serious enough to be examined for penal liability.

3. To serve a fine of 2,000,000 to 5,000,000 VND for one of the following acts which, however, is not serious enough to be examined for penal liability:

a) Leading prostitution operation;

b) Sheltering and guarding activities buying, selling sex.

4. To serve a fine of 5,000,000 to 10,000,000 VND for one of the following acts which, however, is not serious enough to be examined for penal liability:

a) Repeatedly violated in the buying, selling sex or hiding, guarding acts of buying, selling sex;

b) Using tricks of coercion and threat to ask for money and expropriate property of the sex buyers and sellers.

5. Other violations on prevention and fighting against prostitution shall be handled in according to the Government’s Decrees and legal documents relating to regulation on handling of administrative violations in prevention and fighting against prostitution.

6. Additional forms of sanctions:

Confiscating all money from administrative violations for acts specified in clause 1, 2, 3 and clause 4 of this Article.

Article 23. Acts of illegal gambling

1. To serve a fine of 200,000 to 500,000 VND for the act of buying gambling numbers and/or whole lot of gambling numbers based on the State lottery which, however, is not serious enough to be examined for penal liability.

2. To serve a fine of 1,000,000 to 2,000,000 VND for one of the gambling acts which, however, is not serious enough to be examined for penal liability:

a) Illegal gambling in any form: fan-tan, rummy, and all types of card games, presetting a disposition in an oriental chess game or betting in cash or in kind;

b) Illegally gambling on machine, electronic game;

c) Placing bets in cash or in other forms in sports games, entertainment and other activities;

d) Selling lucky-number verses or gambling numbers and/or whole lot of gambling numbers based on the State lottery.

3. To serve a fine of 2,000,000 to 5,000,000 VND for one of the following acts:

a) Taking deposits, mortgages and providing loans at casinos and other gambling places;

b) Illegally providing guard at casinos and other gambling places or covering up gambling activities;

c) Writing gambling-number verses.

4. To serve a fine of 5,000,000 to 10,000,000 VND for one of fllowing acts operating gambling which, however, is not serious enough to be examined for penal liability:

a) Inducing, persuading and rallying other people to gamble;

b) Using one's own house or other places to host or accommodate gambling;

c) Illegally installing gambling machines or electronic games;

d) Illegally organizing acts of betting for money.

5. To serve a fine of 10,000,000 to 20,000,000 VND for one of fllowing acts operating number drawings for gambling based on State lottery which, however, is not serious enough to be examined for penal liability:

a) Hosting number, lot of numbers gambling based on State lottery;

b) Organizing production and distribution of number sheets, other publications for gambling number or lot of numbers based on State lottery;

c) Organizing networks for selling gambling number or lot of numbers based on State lottery;

d) Organizing types of betting for gambling in cash or in other forms in sports games, entertainment and other activities;

6. Additional forms of sanctions:

Confiscating material evidences and/or means and confiscating money from administrative violations for acts specified in clause 1; clause 2; points a, c clause 3; points b, c, d clause 4 and clause 5 of this Article.

Article 24. Acts which violate regulations on selling and use of alcohol and beer

1. To serve a warning or a fine of 60,000 to 100,000 VND for act of getting drunk at the office or working place, in hotels, restaurants and other eating places, on means of transport and public places.

2. To serve a fine of 200,000 to 500,000 VND for one of the following acts:

a) Persuading, forcing, creating condition for children under 16 years old to drink alcohol, beer;

b) The owners of hotels, restaurants and other eating places who sell kinds of alcohol, potable water or other stimulants having an alcoholic volume of 14 degrees upward for minors; selling alcohol, beer for children under 16 years old;

c) Selling alcohol, beer, or other stimulants having an alcoholic volume of 14 degrees upward at general education schools;

d) Drinking alcohol, beer in general education schools.

3. Other violations on alcohol production and business shall be handled in according to the Government’s Decrees and legal documents relating to regulation on handling of administrative violations in domain of alcohol production and business.

4. Additional forms of sanctions:

Confiscating material evidences and/or means for acts specified in points b, c, d clause 2 of this Article.

Article 25. Acts which violate regulations on protection of State secret

1. To serve a fine of 500,000 to 2,000,000 VND for one of the following acts:

a) Failing to affix seal of secret level for documents in scope of state secret as prescribed, or affixing seal of secret level on documents not belong to scope of state secret;

b) Preparing, printing, copying documents classified as top secrets, very confidential or confidential at variance with prescriptions;

c) Popularizing, studying information in scope of state secret at variance with prescriptions;

d) Failing to carry out the regulations on the transportation, delivery and receipt of objects bringing State secret;

dd) Failing to carry out the regulations on the inventorying, keeping and maintaining State confidential documents;

e) Failing to number, giving a code number, a code name or a code sign and failing to organize the full implementation of the regime of management and protection as prescribed with regard to the items already classified as State secrets;

g) Failing to carry out the regulations on publicity, popularization, circulation, learning, use of list of state secret;

h) Liquidating or destroying the confidential documents at variance with prescriptions;

i) Entering the prohibited areas, the places for the maintenance and keeping, carrying out activities with content in state secret scope without authorization;

k) Shooting films, taking photographs or drawing plans of a prohibited area.

2. To serve a fine of 2,000,000 to 5,000,000 VND for one of the following acts:

a) Providing information in state secret scope for foreign and domestic agencies, organizations, citizens at variance with prescriptions;

b) Carrying documents, objects in state secret scope abroad without permission of the competent agencies;

c) Failing to make list of state secrets in accordance with prescriptions.

3. Additional forms of sanctions:

Confiscating material evidences and/or means for acts specified in point k clause 1 and point b clause 2 of this Article.

4. Remedial measures:

a) Forcing to destruct the confidential documents for act specified in point i clause 1 of this Article;

b) Forcing to restore the initial state for acts specified in points a, d, dd, e, g, h clause 1 and point c clause 2 this Article;

Article 26. Acts of bribing persons on the duty

1. To serve a fine of 500,000 to 2,000,000 VND for the act of handing money, property or other material benefits for persons on the duty in order to dodge the handling of administrative violations, which, however, is not serious enough to be examined for penal liability.

2. Additional forms of sanctions:

Confiscating all amounts, property or other materials used to bribe persons on the duty for act specified in clause 1 of this Article.

Article 27. Sanction for expulsion

Foreigners who commit administrative violations specified in point o clause 3 Article 7 and Articles 14, 15, 18, 19, 20, 21, 22, 23 of this Decree, depend on seriousness of violations, may be applied form of sanction for expulsion out of the Socialist Republic of Vietnam.

Chapter 3.

COMPETENCE OF SANCTIONING ADMINISTRATIVE VIOLATIONS

Article 28. Competence of sanctioning administrative violations of People’s Police

1. Members of People’s Police on duty have the right:

a) To serve a warning;

b) To fine up to 200,000 VND.

2. The station head or head of group of the competent person defined at clause 1 of this Article has the right:

a) To serve a warning;

b) To fine up to 500,000 VND.

3. The Chief of the commune-level Police has the right:

a) To serve a warning;

b) To fine up to 2,000,000 VND.

c) To confiscate material evidences and/or means used to commit administrative violations with value of up to 2,000,000 VND;

d) To force to restore the initial state altered due to the administrative violations;

dd) To force application of measures to overcome the environmental pollution, epidemic spreads, caused by the administrative violations;

e) Force to destruct articles which cause harms to human health, domestic animals and cultivated plants, and harmful cultural products.

4. The Chief of the district-level Police has the right:

a) To serve a warning;

b) To fine up to 10,000,000 VND.

b) To strip off the right to use permits, practicing certificates under his jurisdiction;

d) To confiscate material evidences and/or means used to commit administrative violations.

dd) To force to restore the initial state altered due to the administrative violations or force to dismantle illegally constructed works;

e) To force application of measures to overcome the environmental pollution, epidemic spreads, caused by the administrative violations;

g) To force to destruct articles which cause harms to human health, domestic animals, cultivated plants, and harmful cultural products.

5. The Chief of Police Section for the administrative management of social order, the Chief of the Police Section for order (including Order Police, Quick Response Police, Police 113), the Chief of the Police Section for investigation of crimes on social order, the Chief of the Police Section for investigation of crimes on narcotic, the Chief of the Police Section for road and railway traffic, the Chief of the Police Section for waterway, the Chief of the Police Section for Prevention and Fight against Fires and salvage - rescue, the Chief of the Police Section for protection and mobility, the Chief of the Police Section for Prevention and Fight against environmental crimes, the Chief of the Section for Exists and Entries, the Heads of the Mobile Police Units from company level upward, the Head of the Police station at a border gate, export processing zone, the Head of the Police Station have the right:

a) To serve a warning;

b) To fine up to 10,000,000 VND;

c) To strip off the right to use permits, practicing certificates under their jurisdiction;

d) To confiscate material evidences and/or means used to commit administrative violations.

dd) To apply remedial measures specified in points dd, e, g clause 4 of this Article.

6. Directors of provincial Police, Directors of provincial Fire department have rights:

a) To serve a warning;

b) To fine up to 30,000,000 VND;

c) To strip off the right to use permits, practicing certificates under their jurisdiction;

d) To confiscate material evidences and/or means used to commit administrative violations.

dd) To apply remedial measures specified in points dd, e, g clause 4 of this Article.

e) Directors of provincial Police have right to decide application of form of sanction for expulsion under decentralization of the Minister of Public Security.

7. The Heads of Police Department for Administrative Management of Social Order, The Heads of Police Department for Investigating Crimes on Social Order, The Heads of Police Department for Investigating Crimes on economic administration order and position, The Heads of Police Department for road-railway traffic, The Heads of Police Department for waterway, the Head of the Police Department for Prevention and Fight against Fires and salvage - rescue, the Head of the Police Department for guarding, the Head of the Police Department for Prevention and Fight against crimes using high technology, the Head of the Police Department for Prevention and Fight against environmental crimes have the right:

a) To serve a warning;

b) To fine up to the maximum specified in this Decree;

c) To strip off the right to use permits, practicing certificates under their jurisdiction;

d) To confiscate material evidences and/or means used to commit administrative violations.

dd) To apply remedial measures specified in points dd, e, g clause 4 of this Article.

8. The Minister of Public Security decides application of form of sanction for expulsion.

9. Director of Exit and Entry Management Department has competence to sanction as prescribed in clause 7 this Article and has right to decide application of form of sanction for expulsion under decentralization of the Minister of Public Security.

Article 29. Competence of sanctioning administrative violations of the Chairperson of the People’s Committee at all levels

1. The Chairpersons of communal People’s Committee have rights:

a) To serve a warning;

b) To fine up to 2,000,000 VND;

c) To confiscate material evidences and/or means used to commit administrative violations with value of up to 2,000,000 VND;

d) To force to restore the initial state altered due to the administrative violations;

dd) To force application of measures to overcome the environmental pollution, epidemic spreads, caused by the administrative violations;

e) Force to destruct articles which cause harms to human health, domestic animals, cultivated plants, and harmful cultural products.

2. The Chairpersons of district People’s Committee have rights:

a) To serve a warning;

b) To fine up to 30,000,000 VND;

c) To strip off the right to use permits, practicing certificates under their jurisdiction;

d) To confiscate material evidences and/or means used to commit administrative violations.

dd) To force to restore the initial state altered due to the administrative violations or force to dismantle illegally constructed works;

e) To force application of measures to overcome the environmental pollution, epidemic spreads, caused by the administrative violations;

g) To force to destruct articles which cause harms to human health, domestic animals, cultivated plants, and harmful cultural products.

3. The Chairpersons of district People’s Committee have rights:

a) To serve a warning;

b) To fine up to the maximum specified in this Decree;

c) To strip off the right to use permits, practicing certificates under their jurisdiction;

d) To confiscate material evidences and/or means used to commit administrative violations.

dd) To force to restore the initial state altered due to the administrative violations or force to dismantle illegally constructed works;

e) To force application of measures to overcome the environmental pollution, epidemic spreads, caused by the administrative violations;

g) To force bringing out of the Vietnamese territory or force re-exports of goods, articles and means;

f) To force to destruct articles which cause harms to human health, domestic animals, cultivated plants, and harmful cultural products.

Article 30. Competence of sanctioning administrative violations of other agencies

Apart from of the persons competent to handling stipulated in Article 28, Article 29 of this Decree, while implementing functions, tasks under the domain and occur in the territory under management, if the persons having the competence to impose sanctions as stipulated in the 2002 Ordinance on the Handling of Administrative Violations and the 2008 Ordinance amending and supplementing a number of articles of the Ordinance on the Handling of Administrative Violations detect administrative violations defined in this Decree, they may impose sanctions as prescribed by law.

Article 31. Delegation of right to impose sanctions against administrative violations in the domain of security and order

The persons competent to impose sanctions against administrative violations specified in clauses 2, 3, 4, 5, 6, 7 and clause 9 of article 28; article 29 of this Decree may delegated for their deputies to implement the authority to impose sanctions against administrative violations. The delegation must be implemented in writing. The delegated deputies must take responsibility for their decisions on sanction against administrative violations with their heads and before law.

Article 32. Principles for defining the authority to impose sanctions against administrative sanctions

1. The authority to impose sanctions against administrative violations as prescribed in this Decree is the authority applying to one administrative violation. In cases of sanction by fine, the authority to impose sanctions is defined base on the maximum level of the fine bracket provided for each specific violation, if an administrative violation belongs to the authority to impose sanctions of several competent persons, the sanction shall be implemented by the person, who first handles the case.

2. In case of sanctioning a person who has committed many acts of administrative violation, the authority to impose sanctions is defined under the folowing principle:

a) If the form, level of sanction provided for each act belong to the competence of the sanctioning person, the sanction competence still belong that person;

a) If the form, level of punishment provided for one of acts exceeding the competence of the sanctioning person, he shall transfer the violation case to the competent authority for sanction;

3. If the persons competent to impose sanctions of People's Police, while handling individuals, organizations who conduct violations on security, order under this Decree, detect such individuals, organizations have conducted administrative violations prescribed in other Government's Decrees, they will have right to administratively sanction against such acts.

Chapter 4.

ORDER OF AND PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATIONS

Article 33. Order of and procedures for sanctioning administrative violations

1. When detecting administrative violations in domain of security and order, the persons competent to impose sanctions must issue an order to suspend immediately acts of violation.

2. Order of sanctioning administrative violations is implemented as follows:

a) For administrative violations in which forms of sanctions are warning or fine of up to 200,000 VND, the persons competent to impose sanctions shall issue decisions on on-the-spot sanction under simple procedure specified in Article 54 amended and supplemented of the 2008 Ordinance on amending and supplementing a number of articles of the Ordinance on handling of administrative violations;

b) For administrative violations in which forms of sanctions are fine of over 200,000 VND, the persons competent to impose sanctions must make a record on administrative violation as prescribed in Article 55 amended and supplemented of the 2008 Ordinance on amending and supplementing a number of articles of the Ordinance on handling of administrative violations and issue decisions on sanction as prescribed in Article 56 of the 2002 Ordinance on handling of administrative violations, if the violation exceeding the authority to impose sanctions of the person making record, such person must send the record to the persons competent to impose sanctions for issuance of decision on sanction in accordance with regulation.

3. When sanction with fine, the specific fine applied to an administrative violation is the average level of the fine bracket prescribed for such act; for a violation involving an extenuating circumstance, the applicable fine level may be lower but must not be lower than the minimum level of the fine bracket; for a violation involving an aggravating circumstance, the applicable fine level may be higher but must not be higher than the maximum level of the fine bracket.

4. The minors conducting acts of administrative violation, from 16 years old to under 18 years old, if sanction of administrative violation applied to them is sanction by fine, the applicable fine level is not permitted to exceed half of fine level applied to adults, if they have no money for payment of fine, their parents or guardian must paid instead.

Article 34. Application of measures to prevent administrative violations and assurance for sanctions against administrative violations in the domain of security and order

In case it is neccessary to prevent immediately acts of administrative violation or in order to assure sanction of administrative violations when sanction administrative violations in the domain of security and order, the following measures are applied: custody of involved persons; custody of material evidences and/or means of the administrative violations; body search; inspection of transport means and objects; search of places where material evidences and/or means of administrative violations are hidden as prescribed on the 2002 Ordinance on handling administrative violations and the 2008 Ordinance amending and supplementing a number of articles of Ordinance on handling administrative violations.

Article 35. Collection and payment of fines from administrative violations

Individuals, organizations who are sanctioned by fine for administrative violations in domain of security and order, must pay fines on schedule and at State Treasuries indicated in decisions on sanction, unless they have paid fines on the spot as prescribed in Article 54 amended and supplemented of the 2008 Ordinance on amending and supplementing a number of articles of Ordinance on handling of administrative violations, and be entitled to receive receipts of fine. The receipt of fines must use receipts issued by the Ministry of Finance in accordance with regulation.

At remote areas, on river, on sea, areas where the travelling is difficult or not in the working time, individuals, organizations sanctioned may pay fines for the person competent to sanction. The person competent to sanction shall collect fines on the spot and remit in State Treasuries as prescribed in clause 3 Article 57 of the 2002 Ordinance on handling of administrative violations. The sanctioned person has right to refuse payment of fines if there is no receipts for collection of fines.

Article 36. Management and used of fines from administrative violations

1. The amounts collected from sanctions against administrative violations in domain of security and order must be remitted in the State budget through accounts opened at State Treasuries and be deducted 30% for agencies competent to sanction against administrative violations in order to use in the following purpose:

a) Management, handling of material evidences and/or means confiscated in state fund due to administrative violations.

b) Expenditures for investigation, verification, custody;

c) Expenditures for buying news (if any)

d) Expenditures for allowances due to overtime working;

dd) Expenditures for rewarding groups or individuals who have outstanding achievements in sanction agianst administrative violations in the domain of security and order;

e) Procurement of equipment in service for detecting and handling of violations, printing forms used in sanctions against administrative violations and other expenditures directly involved with sanction against administrative violations.

2. The use of the deducted amount must be ensured to comply with laws. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in promulgation of documents guiding implementation.

Article 37. Execution of decisions on sanction against administrative sanctions

1. Individuals, organizations that are sanctioned administrative violations in domain of security and order, must execute decisions on sanction within 10 days, after being given such decisions. Passing the above time limit, if individuals, organizations that are sanctioned fail to execute voluntarily decisions on sanction, they may be forced for the implementation as prescribed by law.

2. Individuals who are sanctioned with fine of 500,000 VND or more may be delayed execution of decision on fine as prescribed in Article 65 of the 2002 Ordinance on handling of administrative violations.

3. When consider it is necessary, the persons competent to impose sanctions or agencies carrying out sanction for individuals, organizations that have acts of administrative violations in domain of security and order have right to notify publicly on acts of administrative violation, decisions on sanction to agencies, organizations, or local authorities where offenders are working or resident.

Article 38. Stripping off the right to use permits, professional practice certificates

Stripping off the right to use permits, professional practice certificates is implemented for only violations specified in this Decree, other the Government's Decrees on handling of administrative violations related to security and order, and it muts comply with provisions of the 2002 Ordinance on handling of administrative violations and the 2008 Ordinance on amending and supplementing a number of articles of Ordinance on handling of administrative violations.

Article 39. Handling of material evidences, means of administrative sanctions

1. Procedures for confiscating material evidences, means of administrative violations in domain of security and order are complied with Article 60 of the 2002 Ordinance on handling of administrative violations.

2. For material evidences, means of administrative violations must be confiscated as prescribed; material evidences, means of administrative violations that are harmful cultural products, useless counterfeits, articles causing damages to human health, domestic animals, plants forced destructing or material evidences of administrative violations that are easy to be spoiled, persons competent to confiscation shall handle as prescribed in clause 1, 2, 3 Article 61 amended and supplemented of the 2008 Ordinance on amending and supplementing a number of articles of Ordinance on handling of administrative violations.

3. For material evidences, means of administrative violations of which the lawful owners, managers, users are not clearly defined or these persons fail to come for receipt, the person competent to confiscation must notify on means of mass media in locality or Central level at least continuous twice and must list publicly at office of agency of person competent to confiscation for 30 days. After 30 days, from the day of notification and public list, if fail to define the lawful owners, managers or users, or if these persons fail to come for receipt, the competent person must issue a decision to confiscate material evidences, means of violations for handling as prescribed in clause 1 Article 61 amended and supplemented of the 2008 Ordinance on amending and supplementing a number of articles of Ordinance on handling of administrative violations.

4. For material evidences, means of individuals, organizations that are illegally appropriated, used, depend on nature, seriousness of administrative violations, it may be considered to return for the lawful owners, managers or users.

5. Expenditures for warehouses, charges for grounds, charges for preservation of material evidences, means of administrative violations and other expenditures in conformity with laws are deducted in amounts collected from buying material evidences, means of administrative violations.

Not collecting charges for warehouse, grounds, preservation during material evidences, means is in custody in case the owner of material evidences, means have no fault in administrative violations or not applying measure of confiscation for material evidences, means.

6. Persons who have material evidences, means of administrative violations in custody, must pay expenditures for warehouses, charges for grounds, charges for preservation of material evidences, means of violations and other expenditures as prescribed by law in during material evidences, means is in custody according to time limit specified in clause 5 Article 46 amended and supplemented of the 2008 Ordinance on amending and supplementing a number of articles of Ordinance on handling of administrative violations.

In case where the person who has material evidences, means of administrative violations, has been notified to come for receipt of material evidences, means in custody, however, fail to come for receipt properly with time limit as notified, he must pay expenditures for warehouses, charges for grounds, charges for preservation of material evidences, means of violations and other expenditures for time exceeding time limit as notified, after ending time limit in notification, if the person who has material evidences, means, fail to come for receipt, such material evidences, means shall be handled as prescribed in clause 3 of this Article.

Article 40. Transferring dossiers of violation cases which show criminal signs for penal liability examination

When considering to decide on sanctioning of violation cases, if realizing that the violation acts show criminal signs or where sanctioning decisions have been issued, but later the violation acts are detected to bear criminal signs while the statute of limitation for penal liability examination has not yet expired, the dossiers must be transfered to the competent criminal procedure-conducting agencies in accrodance with article 62 of the 2002 Ordinance on Handling administrative violations.

Chapter 5.

COMPLAINTS, DENUNCIATIONS, COMMENDATION AND HANDLING OF VIOLATIONS

Article 41. Complaints, denunciations

1. Individuals and organizations sanctioned for administrative violations in domain of security and order or their lawful representatives are entitled to complain about decisions on sanctioning of administrative violations, decisions on application of measures to prevent, and secure the handling of administrative violations of competent persons.

All individuals, organizations are entitled to denounce illegal acts in handling administrative violations in domain of security and order to state competent agencies.

2. The complaints, denunciations and settlment of complaints and denunciations shall comply with provisions of Law on complaints and denunciations.

3. The institution of cases according to administrative procedures against decisions on sanctioning administrative violations or decisions on the application of measures to prevent, and secure the handling of administrative violations in domain of security and order shall comply with the law provisions on procedures to settle administrative cases.

Article 42. Commendation

Individuals and organizations that record achievements in the provision of information, detecting, preventing and handling administrative violations in domain of security and order shall be commended and/or rewarded timely as prescribed by law.

Article 43. Handling of violations

1. Persons who are competent to sanction administrative violations in domain of security and order but abuse powers, harass for bribes, tolerate, cover up, decline to handle or handle not in time or improperly, handle ultra vires, shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability; if causing damages for state, citizens, organizations, they must pay compensations therefor according to law provisions.

2. Individuals, organizations that have acts of administrative violations specified in this Decree, if fail to voluntarily execute decisions on saction, shall be forced for execution; if commit acts of obstructuring, resisting the official-duty performers, or use fraud tricks, corrupt for delaying or shirking the inspection, control or sanctioning violations of competent persons, shall, depending on the nature and seriousness of their violations, be handled for administrative violations or examined for penal liability; if causing damage, they must pay compensations therefor according to law provisions.

Chapter 6.

IMPLEMENTATION PROVISIONS

Article 44. Effect

This Decree takes effect on September 01, 2010 and replaces the Government’s Decree No. 150/2005/ND-CP of December 12, 2005, regulating on sanctions against administrative violations in the domain of security, order and social safety.

Article 45. Responsibility for implementation

1. The Minister of Public Security shall organize, urge, inspect the implementation of this Decree; promulgate the set forms in order to unify in use when sanction administrative violations in domain of security and order.

2. The ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies, the presidents of the provincial/municipal People’s Committees and relevant organizations, individuals are responsible for the implementation of this Decree.