Nghị định 96/2020/ND-CP

Decree No. 96/2020/ND-CP dated August 24, 2020 on penalties for administrative violations against regulations on national border management and protection

Nội dung toàn văn Decree 96/2020/ND-CP penalties for administrative violations against regulations on national border


THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 96/2020/ND-CP

Hanoi, August 24, 2020

 

DECREE

PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON NATIONAL BORDER MANAGEMENT AND PROTECTION

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

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

Pursuant to the Law on National Border dated June 17, 2003;

At the request of the Minister of National Defense;

The Government hereby promulgates a Decree on penalties for administrative violations against regulations on national border management and protection.

Chapter I

GENERAL

Article 1. Scope

1. This Decree provides for administrative violations, penalties, fines, remedial measures, the power to impose penalties against administrative violations and the power to make records of administrative violations against regulations on national border management and protection.

2. Administrative violations committed in border areas not covered by this Decree shall be governed by other regulations on penalties for corresponding administrative violations in the relevant state management sector.

Article 2. Regulated entities

1. This Decree applies to Vietnamese and foreign organizations and individuals (hereinafter referred to as “entities”) that commit administrative violations within the territory of Vietnam; the persons who have the power to record administrative violations and persons who have the power to impose penalties for the administrative violations prescribed in this Decree.

2. The organizations mentioned in Clause 1 of this Article include:

a) Regulatory authorities committing violations which are not related to their assigned state management duties;

b) Enterprises that are duly established and operate in accordance with Vietnam’s laws; branches and representative offices of foreign enterprises operating in Vietnam;

c) Cooperatives, cooperative unions and cooperative associations;

d) Public service providers and other organizations;

dd) Social organizations, socio-political organizations and socio-professional organizations.

3. Household businesses that register their business in accordance with law and households that commit the administrative violations mentioned in this Decree shall be subject to the same fines as those imposed on violating individuals.

Article 3. Penalties and remedial measures

1. For each administrative violation against regulation on national border management and protection regulated by this Decree, the violator will receive either:

a) a warning; or

b) a fine.

2. Depending on the nature and severity of the violation, the entity that commits administrative violations may also incur one or more of the following additional penalties:

a) Confiscation of the exhibits and instrumentalities used for committing administrative violations;

b) Suspension of the license to extract or explore natural resources or minerals, the aquatic product exploration license, the fishing license, the environmental license, the construction permit, the transport license or the business license for 06 - 12 months; suspension of the driver’s license, the certificate of competency, the international tour operator license, the license to provide services or the license to conduct commercial activities at land border checkpoints for 03 - 06 months;

c) Deportation.

3. In addition to the abovementioned penalties, an entity that commits administrative violations may be liable to one or more of the following remedial measures:

a) Enforced restoration to original condition;

b) Enforced dismantling of works or parts of works constructed without a construction permit or against the construction permit;

c) Enforced implementation of remedial measures against environmental pollution or spread of diseases;

d) Enforced destruction of goods or items detrimental to human, animal and plant health and the environment, and indecent materials;

dd) Enforced return of illegal benefits obtained from the administrative violations or enforced transfer of amounts of money equivalent to the value of the exhibits and/or instrumentalities of administrative violations which have been sold, hidden or destroyed inconsistently with the law;

e) Enforced exit from a border area or border checkpoint area;

g) Enforced destruction of expired identity documents and entry/exit documents;

h) Enforced transport of goods in transit, transshipped goods, goods moved to another custom post outside the checkpoint area or temporarily imported goods at correct border checkpoint or route;

i) Enforced incurrence of costs of restoring the following to original condition: national border markers, marking poles, basepoints, sovereignty steles, border line signs, items used to mark border, waters defense works, border works and signs in border areas, land and port border checkpoint areas;

k) Enforced obtainment of opinions of the Ministry of National Defense, Ministry of Public Security, provincial People’s Committees and relevant agencies;

l) Enforced return of shore pass or boarding pass;

m) Suspension of exit procedures for Vietnamese vehicles and entry/exit procedures for foreign vehicles.

4. The deportation of foreign nationals may be a primary or additional penalty.

Article 4. Fines and power to impose fines

1. The maximum fine for an administrative violation against regulations on national border management and protection incurred by an individual is VND 50,000,000.

2. The fines prescribed in Chapter II hereof are imposed for administrative violations committed by individuals, except for the violations mentioned in Point a Clause 4, Point a Clause 5, Point a Clause 7 Article 6; Point a Clause 5 Article 7; Point b Clause 8 Article 8; Point d Clause 2 Article 9; Article 11 hereof. The fine incurred by an organization is twice as much as the fine incurred by an individual for the same violation.

3. The power to impose penalties for administrative violations specified in Chapter III of this Decree is the power to impose penalties on violating individuals. The fine imposed upon an organization for the same violation is twice the fine imposed upon an individual.

Chapter II

ADMINISTRATIVE VIOLATIONS, PENALTIES AND REMEDIAL MEASURES

Article 5. Violations against regulations on management and protection of national border, national border markers and border line signs

1. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for any one of the following violations:

a) Carrying out geological exploration, natural resource extraction or mineral mining according to the license in a manner that damages national border line signs, national border makers, marking poles, items used to mark border, flag poles, sovereignty steles on islands or basepoints; waters defense works or border works;

b) Dumping of soil, rocks and waste in border rivers and streams.

2. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for any one of the following violations:

a) Damaging any national border marker, marking pole, border line sign, border maker, item used to mark border, flag pole, basepoint or sovereignty stele on an islands;

b) Changing water flows of border rivers and streams or affecting national border;

c) Building permanent works within 30m from the Vietnam - China land border or 100m from the Vietnam - Laos and Vietnam - Cambodia land borders with Laos and Cambodia;

d) Illegally building works on border rivers and streams.

3. Additional penalties:

a) Confiscation of the exhibit or instrumentality used for committing the administrative violations specified in this Article.

b) Suspension of the license to extract or explore natural resources, the mining license or the construction permit for 06 - 12 months in the case of the violations mentioned in Point a Clause 1 and Points c and d Clause 2 of this Article;

c) Deportation of the foreign national who commits any of the violations mentioned in this Article.

4. Remedial measures: The violator is compelled to restore the original condition or bear the costs of restoring the original condition or dismantle works or parts of works constructed without a construction permit or against the construction permit if any of the violations in this Article is committed.

Article 6. Violations against regulation on land border area

1. A fine ranging from VND 300,000 to VND 500,000 shall be imposed:

a) on a Vietnamese citizen who enters a land border area or the border belt without his/her ID card or Citizen ID card; or

b) on a person who temporarily resides, stays or travels in a land border area in contravention of regulations; or

c) for failure to report, declare or register temporary residence, stay or travel in a land border area, or conceals or facilitate another person’s illegal temporary residence, staying or travelling in a land border area.

2. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed:

a) on a border citizen who uses expired entry/exit document to cross the border; or

b) on a border citizen who travels outside the permitted areas when permitted to travel across the border; or

c) for providing inaccurate information to be issued with an entry/exit document; or

d) on a foreign national who enters a land border area (except for tourism areas, services areas and economic zones) or the border belt without carrying any prescribed document; or

dd) on a foreign national who enters the border belt without reporting his/her entry to the local border-guard post; or

e) on a resident that grazes cattle and poultry across the border.

3. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed:

a) on a border citizen who allows another to use his/her entry/exit document to cross the border; or

b) for carrying out farming or excavation within the border sightline; or

c) for violating operating principles applied to ships on border rivers and streams; or

d) for failure to report to the local border-guard post or communal police authority the purpose, time and list of persons, quantity of vehicles, contents and scope of activities in the border belt; or

dd) for leaving, entering, travelling, operating vehicles or conducting activities against regulations within a prohibited area.

4. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed:

a) on an organization that brings foreign nationals to a land border area without sending any person to accompany them or notifying the provincial police authority or provincial Border Guard of arrival; or

b) for failure to comply with the decision to suspend activities within a land border area or the border belt issued by a competent person; or

c) for facilitating unlawful activities of persons or vehicles within a land border area; or

d) for travelling outside permitted areas in a land border area, except for border residents; or

dd) for illegally filming, photographing, measuring or drawing landscapes or recording videos using electronic devices or radio transceivers in the prohibited area.

5. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed:

a) on an organization that brings foreign nationals to a land border area in case where the organization has yet to be licensed or has not been licensed by a competent police authority; or

b) on a border resident who crosses the border for farming; or

c) on a border resident who crosses the border without his/her entry/exit document in accordance with law; or

d) on a border resident who fails to cross the border at border crossing points intended for border residents; or

dd) for using another person’s entry/exit document to cross the border; or

e) for allowing another person to use entry/exit document to cross the border.

6. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following violations:

a) Carrying out slash and burn cultivation within 1,000m from the land border;

b) Illegally immigrating to a land border area;

c) Illegally using explosive materials and explosives precursors within the border belt, which is not so serious that criminal prosecution may be brought;

7. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed:

a) on an organizations that operate within the border belt without notifying the local border-guard post of list of persons, vehicles, time, scope and contents of activities; or

b) for entering the border belt without prescribed documents and without notifying the local border-guard post or communal People’s Committee, except for border residents; or

c) for illegally catching aquatic products or using explosives, toxic substances or electric pulses on rivers, streams or underground in a border area.

8. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for illegally transporting corpses, bones or animal carcasses across the border.

9. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for any one of the following violations:

a) Burying corpses, bones or animal carcasses or moving graves within the border belt;

b) Firing guns to go hunting within 1,000m from the land border.

10. A fine ranging from VND 40,000,000 to VND 50,000, 000 shall be imposed for any one of the following violations:

b) Firing, launching or releasing aircraft within the border area or across the border;

b) Mining minerals to within 500m from the land border;

c) Installing equipment containing hazardous chemicals and building hazardous waste treatment facilities within 1,000m from the land border.

11. Additional penalties:

a) Confiscation of the exhibit or instrumentality used for committing the administrative violation in Point b Clause 3; Point dd Clause 4; Clause 6; Point c Clause 7; Point b Clause 9; Clause 10 of this Article;

b) Confiscation of the entry/exit document specified in Points a and c Clause 2; Point a Clause 3; Points dd and e Clause 5 of this Article;

c) Deportation of the foreign national who commits any of the violations mentioned in Point b Clause 1; Point d or dd Clause 2; Point c or dd Clause 3; Point b, c or d Clause 4; Point b Clause 6; Point b Clause 7; Clause 8; Point a Clause 9; Clause 10 of this Article.

12. Remedial measures:

The violator is compelled to:

c) leave the land border area if any of the violations mentioned in Point a or b Clause 1; Point d or dd Clause 2; Point d or dd Clause 3; Point b or d Clause 4; Point a Clause 5; Point b Clause 6; Point a or b Clause 7 of this Article is committed;

b) restore the original condition if the violation in Point b Clause 3 of this Article is committed; restore to the original condition or dismantle works or part of works constructed without a construction permit if any of the violations in Point b Clause 6; Point c Clause 10 of this Article is committed;

c) implement remedial measures against environmental protection or spread of diseases if any of the violation specified in Clause 8; Point a Clause 9 of this Article is committed;

d) destroy goods or items detrimental to human, animal and plant health and the environment, and indecent materials, bear the costs of restoring the original condition if any of the violations mentioned in Point c Clause 7; Clause 8; Point a Clause 9; Point c Clause 10 of this Article is committed;

dd) destroy the document specified in Point a Clause 2 of this Article.

Article 7. Violations against regulation on land border checkpoint management

1. A warning or a fine ranging from VND 300,000 to VND 500,000 shall be imposed for temporarily residing, staying or travelling within a land border checkpoint area against regulations.

2. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for any one of the following violations:

a) Operating a vehicle within a land border checkpoint area without any document about the vehicle or using a document about the vehicle inconsistently with law or with the purpose of travelling at the land border checkpoint;

b) Operating a land cross-border means of transport without a badge attached to it or expired documents or with expired documents with respect to one of the documents prescribed by the Agreement on Road Transport signed between Vietnam and countries sharing the same border and Vietnam’s law;

c) Failure to pick up or drop off persons, transport or handle goods in a land border checkpoint area at designated places or entering a prohibited area.

3. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed for failure to be subject to or obstruct the inspection, supervision or management by a specialized agency at the border checkpoint.

4. A fine ranging from VND 3,000,000 to VND 5,000, 000 shall be imposed for any one of the following violations:

a) Providing services or conducting commercial activities within a border checkpoint without a license issued by the competent authority or inconsistently with the license;

b) Obstructing legal activities carried out in the border checkpoint area;

c) Threatening security and order or inciting, persuading or assisting other persons to threaten security and order in the land border checkpoint;

d) Failure to comply with the decision to restrict or cross-border movements through the land border checkpoint issued by a competent person.

5. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on:

a) an international tour operator that lets foreign visitors use vehicles against regulations; or

b) a foreign visitor that is allowed to use a vehicle in Vietnam but operates it outside permitted areas or beyond permitted period.

6. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for dumping, discharging or throwing waste, dirt, chemicals, bricks, rocks or other objects to the National Gate or other works within the National Gate area.

7. Additional penalties:

a) Suspension of the driver’s license for 03 – 06 months in the case of the violation specified in Point a Clause 2 of this Article;

b) Suspension of the license to provide services or the license to conduct commercial activities at land border checkpoints for 03 - 06 months in the case of the violation specified in Point a Clause 4 of this Article;

c) Suspension of the international tour operator license for 03 - 06 months in the case of the violation specified in Point a Clause 5 of this Article;

d) Deportation of the foreign national that commits any of the violations mentioned in Clause 1; Point a or c Clause 2; Clause 4; Point c Clause 5; Clause 6 of this Article.

8. Remedial measures:

The violator is compelled to:

a) leave the land border checkpoint area if any of the violations mentioned in Clause 1; Point a Clause 2; Point b Clause 5; Clause 6 of this Article is committed;

b) implement remedial measures against environmental pollution or restore landscape of the border checkpoint area if any of the violations in Clause 6 of this Article is committed;

c) suspend exit procedures for Vietnamese vehicles or entry/exit procedures for foreign vehicles if the violation in Point b Clause 2 of this Article is committed.

Article 8. Violations against regulations on management of activities of persons and vehicles within sea border areas

1. A fine ranging from VND 300,000 to VND 500,000 shall be imposed:

a) on a Vietnamese citizen who enters a sea border area or restricted area within the sea border area without his/her ID card or Citizen ID card; or

b) for temporarily residing, staying or travelling in a sea border area against regulations; or

c) for failure to declare temporary residence, stay or travel in a sea border area, or conceals or facilitate another person’s illegal temporary residence, staying or travelling in a sea border area.

2. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for any one of the following violations:

d) Entry by a foreign national into a sea border area (except for tourism areas, services areas and economic zones) without carrying any prescribed document;

b) Leaving, entering, travelling, operating vehicles or conducting activities against regulations within a restricted area;

c) Failure to notify the local Department of Labor, Invalids and Social Affairs, district-level People's Committee, communal People’s Committee or border-guard post in writing of the foreign national’s full name, age, nationality, number of passport, starting and ending date of work, contents of work and workplace, and name and address of the organization for which the foreign national is working within 24 hours from the time such foreign national is employed to work in an economic zone that is within the sea border area or has part of its boundary lying within the sea border area;

d) Illegally filming, photographing, measuring or drawing landscapes or recording videos using electronic devices or radio transceivers in the prohibited area within the sea border area.

3. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed on a person operating a waterway vehicle within a sea border area for any one of the following violations:

a) Operating a vessel or waterway vehicle without the registration number plate or with the registration number created against regulations;

b) Failure to carry the following documents (their originals or notarized/certified copies): certificate of vessel registration; certificate of fishing vessel registration; certificate of technical and environmental safety inspection for vessels; crew list or seaman’s book (in the case of a fishing vessel) or crew certificate; crew insurance certificate; radio frequency and transmitter use license; documents concerning goods on board the vessel; voyage logbook.0}

4. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for failure to use waterway vehicles within a sea border area for intended purpose.

5. A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed for failure to be subject to vehicle inspection and supervision by a competent authority in the cases prescribed by law; or failure to comply with decisions according to administrative procedures.

6. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed:

a) for using road vehicle within the sea border area (except for tourism areas, service areas and economic zones) for transport, business, construction, mineral mining, natural resources extraction or environmental activities for at least 10 days without notifying the local Border Guard in writing of number of persons, vehicles, license plates, time, scope and contents of travelling; or

b) for operating waterway vehicles within the sea border area without an appropriate certificate of competency issued by the competent authority; or

c) on a master or chief engineer operating waterway vehicles within the sea border area without any diploma or certificate as prescribed.

7. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for operating aerial vehicles when carrying out civil aviation activities, economic activities, commercial activities, tourism activities, survey, exploration and mining of minerals, extraction of natural resources or environmental activities within the sea border area against regulations on Vietnam’s aviation and on management and protection of national airspace.

8. A fine ranging from VND 15,000,000 to VND 25,000,000 shall be imposed for any one of the following violations:

a) Failure to take measures to prevent and minimize damage upon transport, loading and unloading of goods or equipment potentially detrimental to natural resources, human health and marine pollution within the internal waters or territorial waters;

b) Using explosive materials without a plan approved by the competent authority or with a plan but failing to notify the provincial People’s Committee and provincial Border Guard as prescribed;

c) Exploring and catching aquatic product, conducting scientific research or extracting natural resources licensed by ministries but failing to notifying the provincial People’s Committee and provincial Border Guard;

d) Exploiting or salvaging property, objects and antiques within the internal waters or territorial waters without permission of a competent authority.

9. A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed for failure to notify the competent authority of location, size, shape and depth of offshore equipment and facilities or failure to install aids to navigation and danger warning signs appropriate to offshore equipment or facilities within the internal waters or territorial waters.

10. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed:

a) for failure to dismantle the expired offshore equipment or facility; or

b) on a foreign vessel entering Vietnam’s internal waters without obtaining permission of a Vietnam's competent authority.

11. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for any one of the following violations:

a) Using radio transmitters in the restricted or prohibited area within the sea border area;

b) Firing, launching, releasing or operating equipment or objects that threaten security, order, economy, safety or maritime security;

c) Using waterway vehicles to perform side-by-side mooring to foreign vessels without permission of a competent authority within the internal waters or territorial waters.

12. Additional penalties:

a) Confiscation of the exhibit or instrumentality used for committing the administrative violation in Point d Clause 2; Point d Clause 8; Point a or b Clause 11 of this Article;

b) Suspension of the driver’s license or the certificate of competency for 03 - 06 months in the case of the violations mentioned in Point b Clause 2; Point a Clause 3; Clause 4 of this Article;

c) Suspension of the transport license, the business license, the construction permit, the license to extract or explore natural resources, the mining license or the fishing license for 06 - 12 months in the case of the violations mentioned in Point a Clause 6; Point c Clause 8 of this Article;

d) Deportation of the foreign national that commits any of the violations mentioned in Point b Clause 1; Point a or d Clause 2; Clause 7; Point b Clause 10; Clause 11 of this Article.

13. Remedial measures:

The violator is compelled to:

c) leave the sea border area if any of the violations mentioned in Point a or b Clause 1; Point a or b Clause 2; Clause 5; Point a Clause 6; Point b Clause 10; Point a or b Clause 11 of this Article is committed;

b) dismantle the equipment or facility if the violation in Point a Clause 10 of this Article is committed.

Article 9. Violations against regulations on assurance of security and order at port checkpoints

1. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed on:

a) a foreign seaman who goes ashore without producing his/her shore pass or license issued to foreign seamen staying overnight on shore; or who fails to go ashore within the time limit specified in the shore pass; or

b) a Vietnamese or foreign national who boards a foreign ship or foreign national who boards a Vietnamese ship without producing the license issued by the port border guard for boarding or fails to comply with the regulations set out in the license.

2. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed:

a) on a foreign seaman who goes ashore without his/her shore pass or outside the permitted area specified in the shore pass; or

b) a Vietnamese or foreign national that boards a foreign ship or foreign national who boards a Vietnamese ship without the boarding pass; for operating a vehicle to perform side-by-side mooring to a foreign ship without the license issued by the port border guard; or

c) for allowing another person to use the shore pass or boarding pass; using another person's shore pass or boarding pass; or

d) on an organization or enterprise that receives foreign nationals to the port checkpoint area without notifying the port border guard as prescribed.

3. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed:

a) for failure to be subject to or obstruct the inspection or supervision by a specialized agency at the port checkpoint; or

b) on a person on board the ship or inland waterway vehicle who is not included in the crew list or list of passengers who have declared and registered their entry into/exit from the port checkpoint; or

c) for breaking the seals of border guard documents when the ship is in transit or transshipped; or

d) on a seaman or foreign passenger that returns to a ship after completing the entry procedures and leaves the ship or returns inland from a foreign ship when completing the exit procedures without notifying the port border guard.

4. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed:

a) for threatening security and order or inciting, persuading or assisting other persons to threaten security and order in the port checkpoint area; or

b) a seaman or passenger who deliberately leaves a ship when the entry procedures have yet to be completed or the exit procedures have been completed; or

c) on a foreign passenger in transit who fails to follow the entry procedures when leaving the transit area at the port checkpoint; or

d) for operating vessels, inland waterway ships or motor vehicles without the license within the port checkpoint area in the field that has to be licensed; or

dd) on a master of a Vietnam's ship on an inland route or an inland waterway vehicle entering or leaving the port checkpoint who fails to provide the port border guard with information about the vehicle, goods and security and order-related information upon request; or

e) on a vehicle owner, master or authorized person who fails to register the inbound or outbound inland waterway vehicle with the port border guard within the prescribed time limit.

5. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed:

a) for failure to comply with the decision to carry out border guard inspection or supervision of persons and vessels that enter, leave, transit or transship, Vietnamese vessels operating on inland routes, inland waterway vehicles and other Vietnamese and foreign vehicles that leave, enter and operate in the port checkpoint in the cases prescribed by law; or

b) for illegally loading and unloading goods onto vessels and inland waterway vessels and from vessels and waterway vehicles within the port checkpoint area; or

c) for breaking the seals of weapons, explosive materials and goods when the vessel is in transit or transshipped; or

d) for changing any seaman or passenger after completing the electronic border guard procedures for vessels but failing to declare the revisions to electronic border guard documents; or

dd) on a declarant that insufficiently or inaccurately declares the information prescribed by law on electronic border guard procedures after the deadline for revising the electronic border guard documents; or

e) for failure to declare information about weapons, explosive materials and stowaways (if any) as prescribed; or

g) on a declarant that fails to request the port border guard to cancel the electronic border guard documents as prescribed with respect to the vessels that have completed the electronic border guard procedures but changes the port checkpoint entry or exit plan.

6. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on:

a) a vehicle owner, master or authorized person who fails to register the inbound or outbound inland waterway vehicle with the port border guard in accordance with regulations; or

b) a master or authorized person on board a vessel who fails to take necessary preventive measures and notify the port border guard or specialized agencies when discovering any stowaway; or

c) a master or authorized person who lets any seaman or passenger or unauthorized persons disembark from the vessel before completing the entry procedures or after having completed the exit procedures; or

d) a vehicle owner or master who let the watercraft anchor within the port waters for more than 24 hours without obtaining permission of the competent authority after the exit procedures have been completed.

7. Additional penalties:

a) Confiscation of the exhibit or instrumentality used for committing the administrative violation in Point b Clause 5 of this Article;

b) Deportation of the foreign national that commits any of the violations mentioned in Point a Clause 3; Point a Clause 4 of this Article.

8. Remedial measures:

The violator is compelled to:

a) leave the port checkpoint area if any of the violations mentioned in Point d Clause 2; Point a or b Clause 3; Point a or d Clause 4 of this Article is committed;

b) return the shore pass or boarding pass if the violation in Point c Clause 2 of this Article is committed.

Article 10. Violations against regulations on management and protection of border works, and signs in border areas, land border checkpoint and port checkpoint areas

1. A warning or fine ranging from VND 500,000 to VND 1,000,000 shall be imposed for drawing on, adding more words to or erasing words on the signs “khu vực biên giới” (“border area”), “vành Đai biên giới” (“border belt”), “vùng cấm” (“prohibited area”), “khu vực cửa khẩu” (“checkpoint area”), “khu vực biên giới biển” (“sea border area”) and signs showing a border area, land border checkpoint, port checkpoint or border work.

2. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for damaging the signs “khu vực biên giới” (“border area”), “vành đai biên giới” (“border belt”), “vùng cấm” (“prohibited area”), “khu vực biên giới biển” (“sea border area”), “khu vực cửa khẩu” (“checkpoint area”) and other signs erected within the border area or border checkpoint area.

3. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for moving the signs “khu vực biên giới” (“border area”), “vành đai biên giới” (“border belt”), “vùng cấm” (“prohibited area”), “khu vực biên giới biển” (“sea border area”), “khu vực cửa khẩu” (“checkpoint area”) and other signs erected within the border area or border checkpoint area.

4. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for erecting the signs “khu vực biên giới” (“border area”), “vành đai biên giới” (“border belt”), “vùng cấm” (“prohibited area”), “khu vực biên giới biển” (“sea border area”) or “khu vực cửa khẩu” (“checkpoint area”) within the border area or border checkpoint area.

5. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for illegally constructing or installing works or equipment or threatening safety of border works.

6. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for destroying, dismantling or damaging structures or equipment of border works, which is not so serious that criminal prosecution may be brought.

7. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for forging the signs “khu vực biên giới” (“border area”), “vành đai biên giới” (“border belt”), “khu vực biên giới biển” (“sea border area”) or “khu vực cửa khẩu” (“checkpoint area”) within the border area or border checkpoint area.

8. Additional penalties:

a) Confiscation of the exhibit or instrumentality used for committing the administrative violation in Clause 3, 4, 5, 6 or 7 of this Article;

d) Deportation of the foreign national that commits any of the violations mentioned in Clause 3, 4, 5, 6 or 7 of this Article.

9. Remedial measures: The violator is compelled to restore the original condition or bear the costs of restoring the original condition if any of the violations mentioned in Clause 1, 2, 3, 4, 5 or 6 of this Article is committed.

Article 11. Violations against regulations on construction of projects and works within border areas and border checkpoint areas

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following violations:

a) Failure to notify the communal People’s Committee or local border-guard post in writing 03 working days in advance of the list of persons, vehicles, time, scope and contents of activities when carrying out survey, design, construction and execution of projects and works within the border area or border checkpoint area;

b) Executing a licensed project or work within the border area or border checkpoint area but the investor fails to notifying the Border Guard, provincial police authority or district- or communal-level People’s Committee in writing 03 working days in advance.

2. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for building a project or work involving foreign elements within the border area or border checkpoint area but the investor fails to notify the district- or communal-level People's Committee or local border-guard post.

3. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following violations:

a) Carrying out survey, design, construction or execution of a project or work, building a project or work involving foreign elements within the border area or border checkpoint area without the license issued by the competent authority;

b) Failure to seek opinions of the Ministry of National Defense, the Ministry of Public Security, the provincial People's Committee and relevant agencies upon formulating a planning or a planning project or adjusting the planning or the planning project involving foreign elements within the border area or border checkpoint area.

4. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for the act in Point b Clause 1 or Clause 2 of this Article which fails to be performed at a designated position, affects national border line or damages any national border marker, flag pole, sovereignty stele, marking pole, basepoint, border line sign, item used to mark border, defense work or border work.

5. Additional penalties:

a) Confiscation of the exhibit or instrumentality used for committing the administrative violation specified in Clause 4 of this Article;

b) Suspension of the construction permit for 06 - 12 months in the case of the violation specified in Point b Clause 3 or Clause 4 of this Article;

c) Deportation of the foreign national that commits any of the violations mentioned in Point a Clause 3 or Clause 4 of this Article.

6. Remedial measures:

The violator is compelled to:

a) dismantle the work or part of work constructed without the construction permit or against the construction permit if the violation in Clause 4 of this Article is committed;

b) seek opinions of the Ministry of National Defense, the Ministry of Public Security, the provincial People's Committee and relevant agencies if the violation specified in Point b Clause 3 of this Article is committed;

c) bear the costs of restoring the original condition of the national border marker, flag pole, sovereignty stele, marking pole, basepoint, border line sign, item used to mark border, border work, waters, marine environment or island defense work if the violation in Clause 4 of this Article is committed.

Article 12. Violations on illegal cross-border transport of goods and currency outside checkpoint areas which is not so serious that criminal prosecution may be brought.

1. A fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed if the exhibit is worth less than VND 10,000,000.

2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following violations:

a) Committing the violation whose exhibit is worth from VND 10,000,000 to less than VND 50,000,000;

b) Illegal cross-border transport of cultural materials.

3. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed if the exhibit is worth from VND 50,000,000 to less than VND 100,000,000.

4. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed if the exhibit is worth at least VND 100,000,000.

5. Additional penalties: Confiscation of the exhibit in the case of the violations mentioned in this Article, except for the case where the remedial measure set out in Clause 6 of this Article has been taken.

6. Remedial measures: The violator is compelled to destroy goods or items detrimental to human, animal and plant health and the environment, and indecent materials if any of the violations mentioned in this Article is committed.

Article 13. Violations against regulations on storage, trading in, transport and exchange of goods in border areas

1. Fines for storing, trading, transporting or exchanging goods within a border area without producing any document or adequate documents proving legitimacy of such goods at the time of inspection are as follows:

a) A fine ranging from VND 1,000,000 to VND 3,000,000 if the exhibit is worth less than VND 5,000,000;

b) A fine ranging from VND 3,000,000 to VND 5,000,000 if the exhibit is worth from VND 5,000,000 to less than VND 10,000,000;

c) A fine ranging from VND 5,000,000 to VND 10,000,000 if the exhibit is worth from VND 10,000,000 to less than VND 20,000,000;

d) A fine ranging from VND 10,000,000 to VND 15,000,000 if the exhibit is worth from VND 20,000,000 to less than VND 50,000,000;

dd) A fine ranging from VND 15,000,000 to VND 20,000,000 if the exhibit is worth from VND 50,000,000 to less than VND 70,000,000;

e) A fine ranging from VND 20,000,000 to VND 25,000,000 if the exhibit is worth from VND 70,000,000 to less than VND 100,000,000;

g) A fine ranging from VND 25,000,000 to VND 30,000,000 if the exhibit is worth at least VND 100,000,000;

h) A fine that is twice as much as the fine prescribed in Points a, b, c, d, dd, e and g of this Clause but not exceeding the maximum fine specified in this Article shall be imposed for the following exhibits: food, food additives, food processing aids, preventive and curative medicine for human use, functional food and cosmetics; detergents, insecticides, veterinary drugs, fertilizers, cement, feeds, agrochemicals, growth stimulants, plant varieties and livestock breeds; goods on the list of restricted goods.

2. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following violations committed outside of the customs area:

a) Failure to transport goods in transit, transshipped goods, goods moved to another custom post outside the checkpoint area or temporarily imported goods on the designate route, at the designated place or checkpoint or within the prescribed time limit or those goods specified in the goods document that are yet to be approved by a competent authority as prescribed by law.

b) Intentionally breaking seals of goods;

c) Failure to maintain status quo of goods under supervision or goods being stored as prescribed by law awaiting the completion of the import/export procedures;

d) Failure to store goods at the designated place.

3. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for intentionally using goods under supervision as prescribed by law.

4. Additional penalties:

a) Confiscation of the exhibit specified in Clause 1 of this Article, except for the case where the goods has had its legal origin determined.

b) Confiscation of the exhibit of the violation specified in Clause 3 of this Article with respect to goods on the list of goods banned from export or import; goods suspended from export or import or goods ineligible for export or import or goods that have to obtain the license but fail to have the license upon export or import.

5. Remedial measures:

The violator is compelled to:

a) destroy goods or items detrimental to human, animal and plant health and the environment, and indecent materials if any of the violations mentioned in this Article is committed.

b) transport goods in transit, transshipped goods, goods moved to another custom post outside the checkpoint area or temporarily imported goods at correct border checkpoint or route if the violation in Point a Clause 2 of this Article is committed;

c) pay an amount of money equal to the value of the exhibit which no longer exists if the violation in Clause 3 of this Article is committed.

Article 14. Administrative violations against regulations on fisheries committed within sea border areas, administrative violations against regulations on forestry, environmental protection and construction committed within border areas and checkpoint areas

1. Penalties for violations against regulations on areas banned from commercial fishing; eligibility requirements for aquaculture; import and export of live aquatic animals, import, temporary import, re-export and transit of fishery products from illegal fishing; violations against regulations on commercial fishing; fishing vessels, fishing ports and sheltered anchorages for fishing vessels are specified in the Government’s Decree No. 42/2019/ND-CP dated May 16, 2019.

2. Penalties for crossing the border to unlawfully harvest and destroy harvests, violations against regulations on forest animals; regulations on cross-border transport, storage, trading in and processing of forest products originating from outside of Vietnam's border against the law within the border area are specified in the Government’s Decree No. 35/2019/ND-CP dated April 25, 2019.

3. Penalties for illegal cross-border trading, exchange, transport or storage of substances harmful to human, animal and plant health, environment, social order and safety within the border area; causing insanitation or environmental pollution, thereby adversely affecting landscape of the border area are specified in Articles 19, 20 and 22 of the Government’s Decree No. 155/2016/ND-CP dated November 18, 2016.

4. The Border Guard shall impose penalties for violations against regulations on construction survey, formulation of the construction planning and adjustment to the construction planning; construction of works and construction order committed within border areas and border checkpoint areas as prescribed in Articles 8, 9, 10, 14, 15, 16 and 26 of the Government's Decree No. 139/2017/ND-CP dated November 27, 2017.

5. If the Government’s Decrees referred to in Clauses 1 through 4 of this Article are amended, the amended Decrees shall apply.

Chapter III

POWER TO IMPOSE ADMINISTRATIVE VIOLATIONS

Article 15. Power delegated to People’s Committees of bordering communes, districts and provinces

1. Presidents of communal People’s Committees are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 5,000,000;

c) confiscate the exhibits and instrumentalities used for administrative violation commission, the value of which does not exceed the fine specified in Point b of this Clause;

d) enforce the remedial measures mentioned in Points a, b, c and d Clause 3 Article 3 hereof.

2. Presidents of district-level People’s Committees are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 25,000,000;

c) suspend licenses and practicing certificates, or suspend the operation;

d) confiscate the exhibits and instrumentalities used for administrative violation commission, the value of which does not exceed the fine specified in Point b of this Clause;

dd) enforce the remedial measures mentioned in Points a, b, c, d, e, g, h, i and l Clause 3 Article 3 hereof.

3. Presidents of provincial People’s Committees are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 50,000,000;

c) suspend licenses and practicing certificates, or suspend the operation;

d) confiscate the exhibits and instrumentalities used for administrative violation commission;

dd) enforce the remedial measures mentioned in Clause 3 Article 3 hereof.

Article 16. Power delegated to the Border Guard

1. The Border Guard officers on duty are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 500,000;

2. Senior officers of the persons mentioned in Clause 1 of this Article and heads of border control stations are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 2,500,000;

3. Captains of border-guard posts, commanders of border-guard flotillas and commanders of border guards at port checkpoints are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 10,000,000;

c) confiscate the exhibits and instrumentalities used for administrative violation commission, the value of which does not exceed the fine specified in Point b of this Clause;

d) enforce the remedial measures mentioned in Points a, b, c, d, e, g, h, i, l and m Clause 3 Article 3 hereof.

4. Commanders of provincial border guards and commanders of coastal guard fleets affiliated to the Border Guard High Command are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 50,000,000;

c) suspend licenses and practicing certificates or suspend the operation;

d) confiscate the exhibits and instrumentalities used for administrative violation commission;

dd) enforce the remedial measures mentioned in Clause 3 Article 3 hereof.

Article 17. Power delegated to People's Public Security Force

The People’s Public Security Force is entitled to impose penalties for the violations mentioned in this Decree in the fields and areas under its management as follows:

1. People’s police officers on duty are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 500,000;

2. Senior officers of the persons mentioned in Clause 1 of this Article are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 1,500,000;

3. Chiefs of the communal police, commanders of police stations and heads of police stations at border checkpoints and export-processing zones are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 2,500,000;

c) confiscate the exhibits and instrumentalities used for administrative violation commission, the value of which does not exceed the fine specified in Point b of this Clause;

d) enforce the remedial measures mentioned in Points a, c and d Clause 3 Article 3 hereof.

4. Chiefs of the district-level Police, chiefs of Traffic Police Divisions, chiefs of Social Order-related Crime Investigation Divisions; chiefs of Police Divisions for Environmental Crime Prevention and Control; chiefs of Traffic Police Divisions or Road and Rail Traffic Police Divisions; chiefs of Road Traffic Police Divisions; chiefs of Internal Waterways Police Divisions affiliated to the Police of bordering provinces are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 10,000,000;

c) suspend licenses and practicing certificates or suspend the operation;

d) confiscate the exhibits and instrumentalities used for administrative violation commission, the value of which does not exceed the fine specified in Point b of this Clause;

dd) enforce the remedial measures mentioned in Points a, c, d, e and i Clause 3 Article 3 hereof.

5. Director of the provincial Police is entitled to:

a) issue warnings;

b) impose a maximum fine of VND 25,000,000;

c) suspend licenses and practicing certificates or suspend the operation;

d) confiscate the exhibits and instrumentalities used for administrative violation commission, the value of which does not exceed the fine specified in Point b of this Clause;

dd) enforce the deportation;

e) enforce the remedial measures mentioned in Points a, c, d, e, g, h, i and l Clause 3 Article 3 hereof.

Article 18. Power delegated to the Coast Guard

The Coast Guard is entitled to impose penalties for the violations mentioned in this Decree in the fields and areas under its management as follows:

1. Coast guard officers on duty are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 1,000,000.

2. Coastguard team leaders are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 2,500,000.

3. Coastguard squad leaders and captains of coastguard stations are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 5,000,000;

c) enforce the remedial measures mentioned in Points a, c and d Clause 3 Article 3 hereof.

4. Commanders of coastguard platoons are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 10,000,000;

c) confiscate the exhibits and instrumentalities used for administrative violation commission, the value of which does not exceed the fine specified in Point b of this Clause;

d) enforce the remedial measures mentioned in Points a, c, d, e and i Clause 3 Article 3 hereof.

5. Commanders in chief of coastguard squadrons are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 15,000,000;

c) confiscate the exhibits and instrumentalities used for administrative violation commission, the value of which does not exceed the fine specified in Point b of this Clause;

d) enforce the remedial measures mentioned in Points a, c, d, e and i Clause 3 Article 3 hereof.

6. Commanders of regional coastguard command centers are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 25,000,000;

c) confiscate the exhibits and instrumentalities used for administrative violation commission, the value of which does not exceed the fine specified in Point b of this Clause;

d) enforce the remedial measures mentioned in Points a, c, d, e, g, h, i and l Clause 3 Article 3 hereof.

7. Commander of Vietnam Coast Guard is entitled to:

a) issue warnings;

b) impose a maximum fine of VND 50,000,000;

c) confiscate the exhibits and instrumentalities used for administrative violation commission;

d) suspend licenses and practicing certificates or suspend the operation;

dd) enforce the remedial measures mentioned in Clause 3 Article 3 hereof.

Article 19. Power delegated to market surveillance authorities

Market surveillance authorities are entitled to impose penalties for the violations mentioned in this Decree in the fields and areas under its management as follows:

1. Market surveillance officials on duty are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 500,000.

2. Leaders of district-level market surveillance teams affiliated to Provincial Market Surveillance Departments are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 25,000,000;

c) confiscate the exhibits and instrumentalities used for administrative violation commission, the value of which does not exceed the fine specified in Point b of this Clause;

d) enforce the remedial measures mentioned in Points a, d and dd Clause 3 Article 3 hereof.

3. Director of Market Surveillance Operations Department affiliated to Vietnam Directorate of Market Surveillance, and Provincial Market Surveillance Departments are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 50,000,000;

d) confiscate the exhibits and instrumentalities used for administrative violation commission;

d) suspend licenses and practicing certificates or suspend the operation;

dd) enforce the remedial measures mentioned in Points a, d and dd Clause 3 Article 3 hereof.

Article 20. Power delegated to the customs

The customs is entitled to impose penalties for the violations mentioned in this Decree in the fields and areas under its management as follows:

1. Customs officials on duty are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 500,000.

2. Team leaders of Sub-departments of Customs and Sub-departments of Post-Clearance Inspection are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 5,000,000.

3. Directors of Sub-departments of Customs, Sub-departments of Post-Clearance Inspection, leaders of customs enforcement teams affiliated to provincial, inter-provincial or city Customs Departments, smuggling prevention team leaders, customs procedures team leaders, leaders of customs control teams at sea and leaders of intellectual property right protection teams of the Smuggling Investigation and Prevention Department of the General Department of Customs are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 25,000,000;

c) confiscate the exhibits and instrumentalities used for administrative violation commission, the value of which does not exceed the fine specified in Point b of this Clause;

d) enforce the remedial measures mentioned in Points d, dd, h and m Clause 3 Article 3 hereof.

4. Director of Smuggling Investigation Department, Director of Post-clearance Inspection Department affiliated to the General Department of Customs, Directors of provincial, inter-provincial or city Customs Departments are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 50,000,000;

c) confiscate the exhibits and instrumentalities used for administrative violation commission, the value of which does not exceed the fine specified in Point b of this Clause;

d) suspend licenses and practicing certificates or suspend the operation;

d) enforce the remedial measures mentioned in Points d, dd, h and m Clause 3 Article 3 hereof.

5. Director General of General Department of Customs is entitled to:

a) issue warnings;

b) impose a maximum fine of VND 50,000,000;

d) confiscate the exhibits and instrumentalities used for administrative violation commission;

d) suspend licenses and practicing certificates or suspend the operation;

d) enforce the remedial measures mentioned in Points d, dd, h and m Clause 3 Article 3 hereof.

Article 21. Power delegated to the seaport authorities

Seaport authorities are entitled to impose penalties for the violations mentioned in this Decree in the fields and areas under their management as follows:

1. Chief representatives of seaport authorities are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 10,000,000;

c) confiscate the exhibits and instrumentalities used for administrative violation commission, the value of which does not exceed the fine specified in Point b of this Clause;

2. Directors of seaport authorities are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 25,000,000;

c) suspend licenses and practicing certificates or suspend the operation;

d) confiscate the exhibits and instrumentalities used for administrative violation commission, the value of which does not exceed the fine specified in Point b of this Clause;

dd) enforce the remedial measures mentioned in Points a, b, c, d, dd, e, g, h, i and l Clause 3 Article 3 hereof.

Article 22. Power delegated to inland waterways port authorities

Inland waterways port authorities are entitled to impose penalties for the violations mentioned in this Decree in the fields and areas under their management as follows:

1. Chief representatives of inland waterways port authorities are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 10,000,000;

c) confiscate the exhibits and instrumentalities used for administrative violation commission, the value of which does not exceed the fine specified in Point b of this Clause.

2. Directors of inland waterways port authorities affiliated to the Vietnam Inland Waterway Administration are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 25,000,000;

c) suspend licenses and practicing certificates or suspend the operation;

d) confiscate the exhibits and instrumentalities used for administrative violation commission, the value of which does not exceed the fine specified in Point b of this Clause;

dd) enforce the remedial measures mentioned in Points a, b, c, d, dd, e, g, h, i and l Clause 3 Article 3 hereof.

Article 23. Power delegated to the fisheries surveillance force

The fisheries surveillance force is entitled to impose penalties for the violations mentioned in this Decree in the fields and areas under its management as follows:

1. Fisheries surveillance officials on duty are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 500,000.

2. Heads of fisheries surveillance stations affiliated to regional sub-departments of fisheries resources surveillance are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 10,000,000;

c) confiscate the exhibits and instrumentalities used for administrative violation commission, the value of which does not exceed the fine specified in Point b of this Clause;

d) enforce the remedial measures mentioned in Points a, c, d, dd and e Clause 3 Article 3 hereof.

3. Directors of regional sub-departments of fisheries surveillance are entitled to:

a) issue warnings;

b) impose a maximum fine of VND 25,000,000;

c) confiscate the exhibits and instrumentalities used for administrative violation commission, the value of which does not exceed the fine specified in Point b of this Clause;

d) enforce the remedial measures mentioned in Points a, c, d, dd and e Clause 3 Article 3 hereof.

4. Director of Department of Fisheries Surveillance is entitled to:

a) issue warnings;

b) impose a maximum fine of VND 50,000,000;

c) suspend licenses and practicing certificates or suspend the operation;

d) confiscate the exhibits and instrumentalities used for administrative violation commission;

dd) enforce the remedial measures mentioned in Points a, c, d, dd and e Clause 3 Article 3 hereof.

Article 24. Delegation of power to impose penalties

1. Power delegated to Presidents of People’s Committees at all levels:

a) Presidents of communal People’s Committees shall impose penalties for the administrative violations specified in Point c Clause 1; Points b and c Clause 2; Point b Clause 3; Points b, c, d, dd and e Clause 5 Article 6; Clause 3 Article 7; Point c Clause 1, Point c Clause 2, Point b Clause 3 Article 8; Clause 1; Points a and b Clause 2; Points c and d Clause 3; Points b, c, dd and e Clause 4 Article 9; Clauses 1 and 2 Article 10; Clause 1 Article 12; Points a and b Clause 1 Article 13; Article 14 hereof;

b) Presidents of district-level People’s Committees shall impose penalties for the administrative violations specified in Clauses 1 through 7 Article 6; Article 7; Clauses 1 through 8 Article 8; Article 9; Clauses 1 through 5 Article 10; Clauses 1 and 2 Article 11; Clauses 1 and 2 Article 12; Points a, b, c, d, dd and e Clause 1 Article 13; Article 14 hereof;

c) Presidents of provincial People’s Committees shall impose penalties for the administrative violations specified in Articles 5 through 14 hereof.

2. Power delegated to the Border Guard:

a) The Border Guard officers shall impose penalties for the administrative violations specified in Point c Clause 1 Article 6; Point c Clause 1 Article 8 hereof;

b) Senior officers of the Border Guard officers shall impose penalties for the administrative violations specified in Point c Clause 1, Point b Clause 2 Article 6; Point c Clause 1, Point c Clause 2 Article 8; Clause 1; Points a and b Clause 2 Article 9; Article 14 hereof;

c) Captains of border-guard posts, commanders of border-guard flotillas and commanders of border guards at port checkpoints shall impose penalties for the administrative violations specified in Clauses 1 through 6 Article 6; Clause 1; Points b and c Clause 2; Clause 3; Points b, c and d Clause 4; Point b Clause 5 Article 7; Clause 1; Points a, c and d Clause 2; Point b Clause 3; Clause 5; Points b and c Clause 6 Article 8; Clauses 1 through 5 Article 9; Clauses 1 through 4 Article 10; Clauses 1 Article 11; Clauses 1 and 2 Article 12; Points a, b and c Clause 1 Article 13; Article 14 hereof;

d) Commanders of provincial border guards and commanders of coastal guard fleets affiliated to the Border Guard High Command shall impose penalties for the administrative violations specified in Articles 5 through 14 hereof.

3. Power delegated to the People's Public Security:

a) People’s police officers shall impose penalties for the administrative violations specified in Point c Clause 1 Article 6; Point c Clause 1 Article 8 hereof;

b) Senior officers of the People’s police officers shall impose penalties for the administrative violations specified in Point c Clause 1 Article 6; Point c Clause 1 Article 8; Clause 1 Article 9 hereof;

c) Chiefs of the communal police, commanders of police stations and heads of police stations at border checkpoints and export-processing zones shall impose penalties for the administrative violations specified in Point c Clause 1; Points b and c Clause 2 Article 6; Point c Clause 1, Point c Clause 2 Article 8; Clause 1; Points a and b Clause 2 Article 9; Clauses 1 and 2 Article 10 hereof;

d) Chiefs of the district-level Police, chiefs of Traffic Police Divisions, chiefs of Social Order-related Crime Investigation Divisions; chiefs of Police Divisions for Environmental Crime Prevention and Control; chiefs of Traffic Police Divisions or Road and Rail Traffic Police Divisions; chiefs of Road Traffic Police Divisions; chiefs of Internal Waterways Police Divisions affiliated to the Police of bordering provinces shall impose penalties for the administrative violations specified in Clauses 1 through 6 Article 6; Clauses 1 through 5 Article 7; Clauses 1 through 6 Article 8; Clause 1; Points a, b and c Clause 2; Points a and b Clause 3; Point a Clause 4; Points a and b Clause 5 Article 9; Clauses 1 through 4 Article 10; Clause 1 Article 11; Clauses 1 and 2 Article 12; Points a, b and c Clause 1 Article 13 and Article 14 hereof;

dd) Directors of the Police of bordering provinces shall impose penalties for the administrative violations specified in Clauses 1 through 6, Point c Clause 7 Article 6; Article 7; Clause 1; Clause 2; Clause 3; Clause 4; Clause 5; Clause 6; Clause 7; Points b, c and d Clause 8 Article 8; Clause 1; Points a, b and c Clause 2; Points a and b Clause 3; Point a Clause 4; Points a and b Clause 5; Point d Clause 6 Article 9; Clauses 1 through 5 Article 10; Clauses 1 and 2 Article 11; Clauses 1 and 2 Article 12; Points a, b, c, d, dd and e Clause 1 Article 13 and Article 14 hereof.

4. Power delegated to the Coast Guard:

a) Coast guard officers shall impose penalties for the administrative violations specified in Clause 1 Article 9 hereof;

b) Coastguard team leaders shall impose penalties for the administrative violations specified in Clause 1 Article 9 hereof;

b) Coastguard squad leaders and captains of coastguard stations shall impose penalties for the administrative violations specified in Point b Clause Article 8; Clause 1 Article 9 hereof;

d) Commanders of coastguard platoons shall impose penalties for the administrative violations specified in Point d Clause 2; Point b Clause 3; Clause 5; Points b and c Clause 6 Article 8; Clause 1; Points a and b Clause 3; Point d Clause 4; Points a, b and c Clause 5 Article 9; Clause 1 Article 12; Clauses 1 and 3 Article 14 hereof;

dd) Commanders in chief of coastguard squadrons shall impose penalties for the administrative violations specified in Point d Clause 2; Point b Clause 3; Clause 5; Points b and c Clause 6; Clause 7 Article 8; Clause 1; Points a and b Clause 3; Point d Clause 4; Points a, b and c Clause 5 Article 9; Clauses 1 and 2 Article 12; Points a, b, c and d Clause 1 Article 13 and Clauses 1 and 3 Article 14 hereof;

dd) Commanders of regional coastguard command centers shall impose penalties for the administrative violations specified in Point d Clause 2; Point b Clause 3; Clause 5; Points b and c Clause 6; Clause 7; Points a, b and d Clause 8 Article 8; Clause 1; Points a and b Clause 3; Point d Clause 4; Points a, b and c Clause 5 Article 9; Clauses 1 and 2 Article 12; Points a, b, c, d, dd and e Clause 1; Clause 2 Article 13; Clauses 1 and 3 Article 14 hereof;

g) Commander of Vietnam Coast Guard shall impose penalties for the administrative violations specified in Point a Clause 1, Point a Clause 2 Article 5; Points b and d Clause 2; Clause 3; Clause 4; Clause 5; Points b and c Clause 6; Clause 7; Clause 8; Clause 10; Clause 11 Article 8; Clause 1; Points a and b Clause 3; Point d Clause 4; Points a, b and c Clause 5 Article 9; Article 12; Article 13; Clauses 1 and 3 Article 14 hereof.

5. Power delegated to the customs:

a) Team leaders of Sub-departments of Customs and Sub-departments of Post-Clearance Inspection shall impose penalties for the administrative violations specified in Clause 3 Article 7 hereof;

b) Directors of Sub-departments of Customs, Sub-departments of Post-Clearance Inspection, leaders of customs enforcement teams affiliated to provincial, inter-provincial or city Customs Departments, smuggling prevention team leaders, customs procedures team leaders, leaders of customs control teams at sea and leaders of intellectual property right protection teams of the Smuggling Investigation and Prevention Department of the General Department of Customs shall impose penalties for the administrative violations specified in Points b and c Clause 2; Clause 3; Points b, c and d Clause 4; Point b Clause 5 Article 7; Points a and c Clause 3; Point d Clause 4; Points b and c Clause 5 Article 9; Points a, b, c, d, dd and e Clause 1 Article 13 hereof;

c) Director of Smuggling Investigation Department, Director of Post-clearance Inspection Department affiliated to the General Department of Customs, Directors of provincial, inter-provincial or city Customs Departments shall impose penalties for the administrative violations specified in Clause 2; Clause 3; Points a, b, c and d Clause 4; Clause 5 Article 7; Points a and c Clause 3; Point d Clause 4; Points b and c Clause 5 Article 9; Clauses 1 and 3 Article 13 hereof;

d) Director General of General Department of Customs shall impose penalties for the administrative violations specified in Clause 2; Clause 3; Points a, b, c and d Clause 4; Clause 5 Article 7; Points a and c Clause 3; Point d Clause 4; Points b and c Clause 5 Article 9; Clauses 1 and 3 Article 13 hereof.

6. Power delegated to market surveillance authorities:

a) Leaders of district-level market surveillance teams affiliated to Provincial Market Surveillance Departments shall impose penalties for the administrative violations specified in Point c Clause 2, Clause 3 Article 7; Clause 5 Article 8; Point b Clause 5 Article 9; Clauses 1 and 2 Article 12; Points a, b, c, d, dd and e Clause 1, Clause 2 Article 13 hereof;

b) Director of Market Surveillance Operations Department affiliated to Vietnam Directorate of Market Surveillance, and Provincial Market Surveillance Departments shall impose penalties for the administrative violations specified in Point c Clause 2, Clause 3, Point a Clause 4 Article 7; Clause 5, Point a Clause 6 Article 8; Point b Clause 5 Article 9; Article 12; Article 13 hereof;

c) Director General of the Vietnam Directorate of Market Surveillance shall impose penalties for the administrative violations specified in Point c Clause 2, Clause 3, Point a Clause 4 Article 7; Clause 5, Point a Clause 6 Article 8; Point b Clause 5 Article 9; Article 12; Article 13 hereof.

7. Power delegated to seaport authorities:

a) Chief representatives of seaport authorities shall impose penalties for the administrative violations specified in Point b Clause 3; Points b and c Clause 6; Points a and d Clause 8 Article 8; Clause 1; Points a and b Clause 2; Points c and d Clause 3; Points b, c, dd and e Clause 4; Point b, d and dd Clause 5 Article 9 hereof;

b) Directors of seaport authorities shall impose penalties for the administrative violations specified in Clause 3; Clause 4; Clause 5; Points b and Point c Clause 6; Points a and d Clause 8 Article 8; Clauses 1 through 6 Article 9 hereof.

8. Power delegated to inland waterways port authorities:

a) Chief representatives of inland waterways port authorities shall impose penalties for the administrative violations specified in Point b Clause 3; Points b and c Clause 6; Points a and d Clause 8 Article 8; Clause 1; Points a and b Clause 2; Points c and d Clause 3; Points b, c, dd and e Clause 4; Point b, d and dd Clause 5 Article 9 hereof;

b) Directors of inland waterways port authorities affiliated to the Vietnam Inland Waterway Administration shall impose penalties for the administrative violations specified in Clause 3; Clause 4; Clause 5; Points b and Point c Clause 6; Points a and d Clause 8 Article 8; Clauses 1 through 6 Article 9 hereof.

9. Power delegated to the fisheries surveillance force:

a) Heads of fisheries surveillance stations affiliated to regional sub-departments of fisheries resources surveillance shall impose penalties for the administrative violations specified in Point b Clause 3; Clause 5; Points b and c Clause 6 Article 8; Point b Clause 3 Article 9; Clause 1 Article 14 hereof;

b) Directors of regional sub-departments of fisheries surveillance shall impose penalties for the administrative violations specified in Point b Clause 3; Clause 5; Points b and c Clause 6; Clause 9 Article 8; Point b Clause 3 Article 9; Clause 1 Article 14 hereof;

c) Director of Department of Fisheries Surveillance shall impose penalties for the administrative violations specified in Point b Clause 2; Clause 3; Clause 4; Clause 5; Points b and c Article 6; Point c Clause 8; Clause 9 Article 8; Point b Clause 3 Article 9; Clause 1 Article 14 hereof.

Article 25. The power to record administrative violations

1. In performance of their duty, the persons specified in Articles 15 through 23 have the power to record administrative violations against regulations on national border management and protection.

2. The officials and soldiers in the authorities specified in Articles 15 through 23 who are performing their duty under the legislative document or administrative document promulgated by a competent person or authority have the power to record administrative violations against regulations on national border management and protection.

3. Patrol boat masters affiliated to coastal guard fleets, border-guard flotillas, coastguard squadrons, coastguard platoons, fleets affiliated to the People’s Public Security Force and regional sub-departments of fisheries resources surveillance, and the persons assigned by such masters to make records have the power to record administrative violations against regulations on national border management and protection.

4. Any person that has the power to record administrative violations against regulations on national border management and protection but does not have the power to impose penalties as specified in Clauses 1, 2 and 3 of this Article are only entitled to record the violations within the extent of their duty and responsible for the records. If a case includes a violation falling within the power to impose penalties of the person competent to make records and another falling beyond his/her power to impose penalties, he/she shall still record all administrative violations detected and transfer the record of the violation beyond his/her power to impose penalties to the person competent to impose penalties as prescribed in Clause 3 Article 58 of the Law on Penalties for Administrative Violations.

Chapter IV

IMPLEMENTATION CLAUSE

Article 26. Effect

This Decree comes into force from October 10, 2020 and replaces the Government’s Decree No. 169/2013/ND-CP dated November 12, 2013.

Article 27. Grandfather clauses

1. If any administrative violation against regulations on national border management and protection occurs prior to the effective date of this Decree, is detected after the effective date of this Decree or action against such violation is considered, regulations that are advantageous to violating entities shall apply.

2. If the decision to impose penalties for administrative violations has been issued or completely executed prior to the entry into force of this Decree, and the entity or person enforced to comply with such decision files an appeal, the regulations enshrined in the Government’s Decree No. 169/2013/ND-CP dated November 12, 2013 shall apply.

Article 28. Responsibility for implementation

1. The Minister of National Defense shall provide guidelines for implementation of Point a Clause 1; Points a c Clause 2 Article 5; Clause 1; Point b Clause 2; Point a Clause 3; Points c and e Clause 5; Clause 9 Article 6; Clause 1 Article 7; Clause 1 Article 8; Clause 1 Article 10; Article 14; Article 16; Article 18; inspect and organize implementation of this Decree.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies, Presidents of People’s Committees of provinces and central-affiliated cities are responsible for the implementation of this Decree./.

 

 

 

ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER




Nguyen Xuan Phuc

 

 


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This translation is made by THƯ VIỆN PHÁP LUẬT and for reference purposes only. Its copyright is owned by THƯ VIỆN PHÁP LUẬT and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed

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