Nghị định 167/2013/ND-CP

Decree No. 167/2013/ND-CP of Novermber 12, 2013, regulations on sanction of administrative violation in social security, order and safety, prevention and fighting of social evils, fire and domestic violence

Nội dung toàn văn Decree No. 167/2013/ND-CP sanction of administrative violation in social security order safety domestic violence


THE GOVERNMENT
--------

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

No.: 167/2013/ND-CP

Hanoi, Novermber 12, 2013

 

DECREE

REGULATIONS ON SANCTION OF ADMINISTRATIVE VIOLATION IN SOCIAL SECURITY, ORDER AND SAFETY, PREVENTION AND FIGHTING OF SOCIAL EVILS, FIRE AND DOMESTIC VIOLENCE

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

Pursuant to the Law on handling of administrative violation dated June 20, 2012;

Pursuant to the Law on fire prevention and fighting dated June 29, 2012;

Pursuant to the Law on residence dated November 29, 2006 and the Law amending and supplementing a number of articles of the Law on residence dated June 20, 2013;

Pursuant to the Law on domestic violence prevention dated November 21, 2007;

Pursuant to the Law on drug prevention dated December 09, 2000 and the Law amending and supplementing a number of articles of the Law on drug prevention dated June 03, 2008;

Pursuant to the Law on enforcement of criminal judgment dated June 17, 2010

Pursuant to the Ordinance on protection of state secrets dated December 28, 2000;

Pursuant to the Ordinance on prostitution prevention dated March 17, 2003;

Pursuant to the Ordinance on management and use of weapons, explosive materials and supporting tools dated June 30, 2011 and the Ordinance amending and supplementing a number of articles of the Ordinance on management and use of weapons, explosive materials and supporting tools

At the proposal of the Minister of Public Security;

The Government issues the Decree regulating the sanction of administrative violation in social security, order and safety, prevention and fighting of social evils, fire and domestic violence;

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of adjustment

1. This Decree provides for acts of administrative violation, form, level of sanction and remedial measures for each act of administrative violation, authority to record and impose sanction, fine level for each title for the acts of administrative violation in social security, order and safety, prevention and fighting of social evils, fire and domestic violence;

2. The acts of administrative violation in other fields directly related to the social security, order and safety, prevention and fighting of social evils, fire and domestic violence not regulated in this Decree shall apply the provisions in other Decrees of the Government on sanction of administrative violation in the relevant fields of state management for sanction.

Article 2. Subjects of application

1. Vietnamese or foreign organizations and individuals having acts of administrative violation in the fields of social security, order and safety, prevention and fighting of social evils, fire and domestic violence in the territory, internal waters, territorial sea, contiguous zone, exclusive economic zone and continental shelf of the Socialist Republic of Vietnam; on aircraft and vessels flying Vietnamese flag shall be sanctioned under the provisions of this Decree and other regulations of relevant laws on sanction of administrative violation;

2. The agency or persons having the authority to sanction administrative violation in social security, order and safety, prevention and fighting of social evils, fire and domestic violence and related individuals and organizations.

3. In cases where a treaty to which the Socialist Republic of Vietnam has signed contains different provisions, these provisions of such treaty shall apply.

Article 3. Form of sanction of administrative violation and remedial measures

1. For each act of administrative violation in the social security, order and safety, prevention and fighting of social evils, fire and domestic violence, the organizations and individuals shall be subject to one of the main forms of sanction as follows:

a) A caution;

b) A fine.

2. Based on the nature and seriousness of violation, the organizations and individuals committing the administrative violation in the social security, order and safety, prevention and fighting of social evils, fire and domestic violence shall also be subject to one of the additional sanction as follows:

a) Depriving the right to use the permit or certificate of practice or suspending the operation definitely.

b) Confiscating the exhibit and means used for administrative violation and (hereafter referred to as exhibit or means of administrative violation)

3. In addition to the remedial measures specified in Clause 1, Article 28 of the Law on handling of administrative violation, the organizations and individuals committing acts of administrative violation in the social security, order and safety, prevention and fighting of social evils, fire and domestic violence shall also be subject to one of the remedial measures as follows:

a) Coercively reducing the quantity and amount of substance or goods at risk of fire and explosion to the prescribed rate;

b) Coercively removing the substance at risk of fire and explosion to the prescribed storage or location as prescribed;

c) Coercively re-arranging the substance or goods at risk of fire and explosion as prescribed;

d) Coercively recovering and annulling documents, materials and information relating to the administrative violation;

dd) Coercively making public apology upon the victim’s request;

e) Other remedial measures specified in Chapter II of this Decree;

4. The application of form of sanction as expulsion for foreigners may be the main form of sanction or additional sanction;

Article 4. Regulation on fine level

1. The maximum fine level in the prevention and fighting of domestic violence is VND 30,000,000 imposed on individuals and VND 60,000,000 on organizations; the maximum fine level in the field of social security, order and safety and social evil prevention is VND 40,000,000 imposed on individuals and VND 80,000,000 on organizations; the maximum fine level in fire prevention and fighting is VND 50,000,000 imposed on individuals and VND 100,000,000 on organizations;

2. The fine level specified in Chapter II of this Decree is the one applied for administrative violation of individuals. For organizations having the same act of violation, the fine level is twice as much as that for individuals;

Chapter 2.

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF SANCTION AND REMEDIAL MEASURES;

SECTION 1. ADMINISTRATIVE VIOLATION ON SECURITY, ORDER AND SOCIAL ORDER

Article 5. Violation of regulations on public order

1. A caution or a fine of between VND 100,000 and 300,000 shall be imposed for one of the acts as follows:

a) Having gestures and words which are rude, provocative, teasing or insulting to the honor and dignity of others;

b) Causing disorder at theatres, cinemas, cultural houses, clubs, places of art performance, sports and fitness activities, festivals, exhibitions, fairs, offices, organizations, residential areas, schools, hospitals, railway stations, wharves, bus stations, in the streets, at border gates, ports or at other public places;

c) Leaving domestic animals wander in cities, towns or public places;

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

a) Fighting or instigating others to fight;

b) Giving false information to the competent state agency;

c) Getting drunk causing public disorder;

d) Throwing bricks, stones, soil, sand or any thing into houses, means of transportation, people, objects and assets of others.

dd) Grouping at public places causing disorder.

e) Leaving domestic animals cause damage to assets of others;

g) Flying kites, balloons, playing aircraft or flying saucer game with remote control or other flying objects in the airport area, restricted areas, burning and flying "sun lamp";

h) Harassing or annoying others during loading and unloading, transportation, keeping of luggage at wharves, bus stations, airports, ports, railway stations and other public places.

3. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for one of the acts as follows:

a) Keeping and hiding in body, objects and vehicles kinds of knife, hammer and other tools and means generally used in working and daily activities aimed at disrupting public order or intentionally causing injury to other persons;

b) Enticing or provoking others to cause perturbation and loss of public order;

c) Hiring or enticing others to fight;

d) Causing disorder at the trial, where judgments are enforced or having other acts that impede the adjudication and enforcement of judgments;

dd) Causing disorder at the place of enforcement of judgments;

e) Harming or hiring others to harm the others’ health;

g) Abusing democratic freedoms, freedom of religion to entice or incite others to infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals;

h) Causing perturbation or obstructing normal functioning of institutions and organizations;

i) Illegally grouping at public places or restricted places and areas;

k) Organizing and facilitating others to marry foreigners in contradiction with the habits and customs or in contradiction with regulations of law, affecting the security, order and social safety;

l) Writing, distributing or circulating documents with distorted and fabricated contents affecting the reputation of the organization or individual;

m) Storing and transporting "sun lamp".

4. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the acts as follows:

a) Causing public disorder with crude weapons or supporting tools;

b) Producing, importing and trading “sun lamp”;

5. Additional sanction:

Confiscating the exhibit and means used for administrative violation for the acts specified at Point g, Clause 2, Point a, i, m, Clause 3 and 4 of this Article;

6. Foreigners who have acts of administrative violation specified at Point k, Clause 3 of this Article, depending on the seriousness of violation, may be sanctioned in the form of expulsion from the Socialist Republic of Vietnam.

Article 6. Violation of regulations on ensuring the general quietness

1. A caution or a fine of between VND 100,000 and 300,000 shall be imposed for one of the acts as follows:

a) Causing loud noise, making noise or boisterousness in residential area or public places during the time from 22 o’clock of the previous day to 6 o’clock of the following day.

b) Failing to comply with regulations on keeping quiet of hospitals, nursing homes, schools or other places with regulations on keeping general quiet;

c) Selling food and refreshments exceeding the prescribed time of the People’s Committee of provinces or centrally-affiliated cities

2. A fine of between VND 300,000 and 500,000 shall be imposed for the acts: using loudspeakers, gong, drum, whistle, horn or other means for propaganda at public areas without permission from the competent authority;

3. Additional sanctions:

Confiscating the exhibits or means used for administrative violation for the acts specified in Clause 2 of this Article;

Article 7. Violation of regulations on keeping general sanitation

1. A caution or a fine of between VND 100,000 and 300,000 shall be imposed for one of the acts as follows:

a) Failing to comply with regulations on sweeping garbage and clearing sewer obstruction around houses, agencies, enterprises and barracks causing the general unsanitation;

b) Pouring water or leaving water run out to the collective area, roadway, pavement, railway station, bus station, on means of transportation or other places to cause loss of general sanitation;

c) Urinating or defecating in the streets, on the common walkways in public areas and residential areas;

d) Leaving cattle, poultry or other animals defecate in public places;

dd) Collecting and transporting garbage and waste by rudimentary vehicles in cities and towns with scattering or without sanitation assurance;

e) Raising cattle and poultry and animal causing loss of general sanitation in residential areas;

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

a) Pouring or throwing waster, dirt or other substances to smear houses, offices, workplaces and business and production place of others;

b) Arbitrarily burning garbage, waste, toxic substance or hazardous substances in residential or public areas;

c) Disposing garbage and waste or anything into the manhole and public water drainage system, on pavement and roadway;

d) Disposing garbage or waste and animal body or anythingelse causing pollution at public places or places with fountain, drinking water well, ponds, lakes where people use water for living activities.

3. Remedial measures:

a) Coercively taking remedial measures of environmental pollution for the acts specified at Point b, c, d, dd, e, Clause 1 and Point b, d, Clause 2 of this Article;

b) Coercively restoring the initial condition for the acts specified at Point a and c, Clause 2 of this Article;

Article 8. Violation of regulations on registration and management of residence

1. A fine of between VND 100,000 and 300,000 shall be imposed for one of the acts as follows:

a) Individuals or house holders do not comply with the regulations on registration of permanent or temporary residence or adjust the changes in the family register or temporary residence book;

b) Individuals or house holders do not comply with the regulations on announcement of temporary stay or declaration of temporary absence;

c) Failing to comply with the examination of family residents, temporary residence, temporary stay or failing to present family register, temporary residence book and other papers related to temporary stay of the competent authority;

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

a) Erasing, modifying or having other acts to falsify the content of family register, temporary residence book and other papers related to the temporary stay;

b) Providing untruthful information and documents about the residence;

c) Renting or leasing the family register, temporary residence book and other papers related to the residence to perform acts in contradiction with regulations of law;

d) Using family register, temporary residence book and other papers related to residence for performance of acts in contradiction with law;

dd) The business establishment of temporary stay has not inform the police authority of the stay as prescribed when there are persons coming to stay;

e) Instigating, inciting, entice, seducing, brokering or forcing others to violate the law on residence.

3. A fine of between VND 2,000,000 and 4,000,000 shall be imposed for one of the acts as follows:

a) Committing perjury, forging documents or papers for registration of permanent residence, temporary residence, issue of family register or temporary residence book;

b) Forging the family register or temporary residence book for registration of permanent residence;

c) Using fake family register or temporary residence book

d) Permitting the others to register residence at their shelter for profit or in fact the persons registering residence do not live at that place;

dd) Individuals or family householders have permitted other to join the family register in the same residence as theirs but do not ensure the minimum area per person as prescribed;

e) Signing non-definite labor contract with the laborers who do not belong to their enterprises for joining family register;

g) Using labor contract in contradiction with regulations of law for joining family register;

h) Failing to declare temporary residence for foreigners who rent house;

4. Additional sanction:

Confiscating the exhibits or means used for administrative violation for the acts specified in Point a, Clause 2, Point a, b and c, Clause 3 of this Article;

5. Remedial measures:

a) Coercively recovering the family register, temporary residence book and other papers related to the residence for the acts specified at Point a, Clause 2, Point a, Clause 3 of this Article;

b) Coercively annulling the untruthful information and documents for the acts specified at Point b, Clause 2 of this Article;

c) Coercively surrendering the illegal benefits obtained due to acts of administrative violation specified at Point d, Clause 3 of this Article;

d) Coercively annulling the labor contract in contradiction with the regulations of law to join the family register specified at Point e and g, Clause 3 of this Article;

Article 9. Violation of regulations on management and use of identity card

1. A caution or a fine of between VND 100,000 and 200,000 shall be imposed for one of the acts as follows:

a) Failing to present identity card upon the examination requirement of the competent person;

b) Failing to comply with regulations of law on new issue, re-issue or change of identity card;

c) Failing to comply with regulations of law on recovery, temporary seizure of identity card upon the requirement of the competent persons;

2. A fine of between VND 1.000,000 and 2,000,000 shall be imposed for one of the acts as follows:

a) Using the identity card of others to perform acts in contradiction with regulations of law;

b) Erasing or modifying identity card;

c) Renting, borrowing or leasing or lending the identity card to others to perform acts in contradiction with regulations of law;

3. A fine of between VND 2,000,000 and 4,000,000 shall be imposed for one of the acts as follows:

a) Committing perjury, forging documents or providing untruthfully information and documents to be issued with identity card;

b) Forging identity cards;

c) Using fake identity card;

4. A fine of between VND 4,000,000 and 6,000,000 shall be imposed for mortgage of identity card to perform acts in contradiction with regulations of law

5. Additional sanction:

Confiscating the exhibits or means used for administrative violation for the acts specified in Clause 2 of this Article;

6. Remedial measures:

Coercively revoking the identity card for the acts specified at Point b, Clause 2 of this Article;

Article 10. Violation of regulations on management and use of weapons, explosive materials, supporting tools, fire crackers and prohibited dangerous toys

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

a) Failing to comply or fully and promptly comply with the regulations on periodic inspection of types of weapons, explosive materials and supporting tools equipped;

b) Violating the regulations on preservation of types of weapons, explosive materials and supporting tools

c) Letting children use prohibited dangerous toys;

d) Circulating types of invalid permit on management and use of types of weapons, explosive materials and supporting tools;

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

a) Failing to fully declare and register types of weapons, explosive materials and supporting tools with the competent authority;

b) Using types of fire cracker without permission;

3. A fine of between VND 2,000,000 and 4,000,000 shall be imposed for one of the acts as follows:

a) Destroying and intentionally damaging, giving, donating, sending, borrowing, lending, renting, leasing, pledging, mortgaging weapons, explosive materials and supporting tools;

b) Exchanging, trading, forging, repairing, erasing, borrowing, lending, renting, leasing, pledging, mortgaging and damaging types of permit, certificate and certification on management and use of weapons, explosive materials, supporting tools and fire works;

c) Failing to inform the competent authority of loss of types permit, certificate and certification on management and use of weapons, explosive materials, supporting tools and fire works;

d) Using types of weapons, explosive materials, supporting tools in contradiction with regulation but resulted in no consequence;

dd) Using types of weapons, explosive materials, supporting tools without permit;

e) Handing over weapons and supporting tools to the persons who are not qualified and eligible for using them;

g) Failing to surrender weapons, explosive materials and supporting tools as prescribed;

4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the acts as follows:

a) Trading the refused materials, rejected items as weapons, explosive materials and supporting tools;

b) Violating the regulations on safety of transporting weapons, explosive materials and supporting tools;

c) Sawing or defusing bomb, mine, bullet, ammunition, grenades, under water mines and types of weapon to get explosives illegally;

d) Producing, storing, trading and illegally transporting firecrackers, firecrackers powder and dangerous toys;

dd) Losing weapon and supporting tools;

5. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the acts as follows:

a) Producing, repairing types of primitive weapon and supporting tools without permit;

b) Producing and repairing types of toy which have been banned;

c) Trading, transporting and storing primitive weapons and supporting tools without permit;

d) Illegally trading, transporting and storing sports weapons;

dd) Transporting weapons, details of military weapon, explosives accessories and supporting tools without permit or with permit but failing to comply regulations in the permit or having no other papers as prescribed by law;

e) Selling industrial explosive materials or high-content ammonium nitrate (from 98.5% or more) to the units which have not issued with certificate of eligibility for security, order, and the permit for use of industrial explosive materials or high-content ammonium nitrate (from 98.5% or more) or the written approval of the competent state authority;

6. A fine of between VND 20,000,000 and 40,000,000 shall be imposed for one of the acts as follows:

a) Illegally producing, fabricating and repairing military weapon, sports weapons and hunting rifles;

b) Illegally bringing in or out of the territory of Vietnam weapons, hunting rifles, supporting tools, types of firecrackers and dangerous toys.

7. Acts of administrative violation in management of industrial explosive materials shall be sanctioned under the Government’s decrees and other normative legal documents related to the regulations on sanction of administrative violation in the area of chemistry, fertilizer and management of industrial explosive materials;

8. Additional sanctions:

a) Confiscating the exhibits or means used for administrative violation for the acts specified at Point c, Clause 1, Point b, Clause 2, Point d, dd, g, Clause 3, Point a, c, d, Clause 4, 5 and 6 of this Article;

b) Depriving the right to use the weapon and supporting tool license from 03 to 06 months for the acts specified at Point e, Clause 3 of this Article;

c) Depriving the right to use types of permit, certificate or certification on management and use of weapons, explosive materials, supporting tools and fireworks from 09 to 12 months for the acts specified at Point a, b, d, Clause 3; Point b, Clause 4 of this Article;

9. Remedial measures:

Coercively recovering and annulling the permit, certificate or certification on management and use of weapons, explosive materials, supporting tools and fireworks for the acts specified at Point b, Clause 3 of this Article;

Article 11. Violation of regulations on management of conditional business line on security and order

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

a) Using persons who are not qualified and eligible for work in conditional business establishments on security and order;

b) Failing to present the certificate of eligibility for security and order upon the examination requirements of the competent authority;

c) Failing to immediately inform the competent authority of loss of certificate of eligibility for security and order;

d) Failing to comply with regulations on management of security and order for conditional business line;

2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the acts as follows:

a) Doing business inconsistently with the business line and location specified in the certificate of eligibility for security and order;

b) Changing the head of enterprise, branch, legal representative office of business establishment without a written notification to the competent authority;

c) Lending, leasing, buying and selling the certificate of eligibility for security and order to perform acts in contradiction with the law;

d) Getting a mortgage of assets which do not have ownership documents as prescribed;

dd) Getting a mortgage of assets without any contract as prescribed;

e) Getting a mortgage of assets which belong to another person without his/her legal power-of-attorney handed over to the person who brings the assets for mortgage;

g) Preserving the mortgaged assets at improper place of registration with the competent authority;

h) Doing business in disco, electronic games with prize for foreigners and casino without security guard who is employee of security services enterprise as prescribed;

i) Selling or giving the signaling equipment of priority vehicle to the persons who do not have the use permit of equipment mentioned above of the competent authority;

3. A fine of between VND 5,000,000 and 15,000,000 shall be imposed for one of the acts as follows:

a) Performing conditional business line on security and order without certificate of eligibility for security and order;

b) Erasing or modifying certificate of eligibility for security and order;

c) Failing to properly and fully maintain the conditions for security and order during business activities;

d) Making a loan with mortgage but the interest rate exceeds 150% of basic interest rate announced by the State Bank of Vietnam at the time of loan

4. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the acts as follows:

a) Using the establishment of conditional business line on security and order to organize the social evil activities or other acts of legal violation;

b) Mortgaging assets which come from theft, fraud, appropriation or due to others’ crime.

5. Additional sanctions:

a) Depriving the right to use the permit, certificate of practice or certificate of eligibility for security and order from 03 to 06 months for the acts specified at Point a, c, Clause 2, Point d, Clause 3 of this Article;

b) Depriving the right to use the certificate of practice or certificate of eligibility for security and order from 03 to 09 months for the acts specified in Clause 4 of this Article;

6. Foreigners who have acts of administrative violation specified in Clause 2, 3 and 4 of this Article, depending on the seriousness of violation, shall be imposed sanction as expulsion from the Socialist Republic of Vietnam;

Article 12. Violation of regulations on management and use of seal

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

a) Failing to immediately inform the competent authority of the loss or damage of certificate of seal sample registration;

b) Failing to re-register the seal sample with the competent authority as prescribed;

2. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for one of the acts as follows:

a) Carving types of seal without seal carving permit or other papers as prescribed;

b) Using the seal without registration of deposit of seal sample or certificate of seal sample registration;

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

d) Failing to immediately notifying the competent authority of the loss of seal being used.

dd) Failing to change seal upon the decision of competent authority on the change of agency or organization using the seal or change of name of higher level agency or change of head office of agency or organization related to the seal sample;

e) Failing to re-carve the seal under the prescribed sample;

g) Failing to return the seal and certificate of seal sample registration upon the effect of the competent authority’s decision on the splitting, merger, consolidation, dissolution, end of tasks, conversion of form of ownership or termination of operation of organizations or agencies or temporarily suspending the use of seal;

h) Failing to inform the competent authority of the seal sample before use;

i) Failing to present the seal and certificate of seal sample registration upon the requirement of the competent authority;

3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the acts as follows:

a) Failing to return the seal and certificate of seal sample registration or failing to return the seal at the prescribed time limit upon the decision of recovery of the competent authority;

b) Affixing seal on documents or papers which do not have the signature of the competent person or incompetent person;

c) Borrowing, lending or using the seal of other agencies or organizations for operation;

d) Producing the seal of legal person inconstantly with the prescribed procedures;

4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the acts as follows:

a) Bringing the seal of the Socialist Republic of Vietnam without a permit or certificate of seal sample registration;

b) Illegally using the seal brought from abroad into Vietnam;

c) Forging documents to have additional seal of organizations or agencies;

d) Carving fake seal or using fake seal.

5. Additional sanctions:

a) Confiscating the exhibits or means used for administrative violation for the acts specified at Point a, Clause 2, Point d, Clause 3, Point c and Article, Clause 4 of this Article;

b) Depriving the right to use or certificate of practice from 03 to 06 months for the acts specified at Point a, Clause 2, Point d, Clause 3 of this Article;

6. Remedial measures:

a) Coercively recovering the seal for the acts specified at Point b, dd and e of Clause 2, Point c of Clause 3, Point c and d, Clause 4 of this Article;

b) Coercively revoking the seal and certificate of seal sample registration for the acts specified at Point g of Clause 2; Point a of Clause 3 of this Article;

c) Coercively invalidating the documents and papers with improper seal for the acts specified at Point b, Clause 3 of this Article;

6. Foreigners who have acts of administrative violation specified in Clause 3 and 4 of this Article, depending on the seriousness of violation, may be sanctioned in the form of expulsion from the Socialist Republic of Vietnam.

Article 13. Violation of regulations on management of security services business activities

1. A caution or a fine of between VND 100,000 and 300,000 shall be imposed for one of the acts as follows:

a) Security guards do not wear uniforms and nameplates or use nameplates in contradiction with regulation when performing duties of security guard;

b) Having no certificate of security guard issued by Director of enterprise;

2. A fine of between VND 200,000 and 500,000 shall be imposed for one of the acts as follows:

a) Failing to inform the competent authority of location of head office or protection target, enterprise’s starting time of operation, branch and representative office; failing to make periodical report or immediately inform the competent authority of loss of certificate of eligibility for security and order;

b) Failing to present the certificate of eligibility for security and order for security services business upon the examination requirements of the competent authority;

c) Employing the security guards who are not trained or issued with certificate of security operation;

d) Failing to fully train and test the security guards;

3. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the acts as follows:

a) Performing other business lines and services in addition to the security services, unless otherwise specified at Point c, Clause 4 of this Article;

b) Failing to inform the competent authority of the change of head of enterprise, branch or representative office;

c) Failing to issue the certificate of security guard or nameplates to the security guards;

d) Failing to recruit security guards who are qualified and eligible as prescribed

4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the acts as follows:

a) Doing security services business without certificate of eligibility for security and order for security services business;

b) Failing to properly equip the security guards with uniform, nameplates, badges and hats;

c) Performing the investigation and private detective in any form;

d) Permitting the others to borrow name of organizations and individuals to establish the enterprise of security services business;

dd) Establishing the enterprise of security services business but leaving it for others to do business;

e) Training and issuing certificate of security operation to the security guards without permission and beyond the competence;

g) Doing the security services business without signing contract with individuals and organizations hiring the security services;

h) Hiring the security services but requiring the security guard to use force or perform acts of law violation, infringing the legitimate rights and interests of individuals and organizations;

i) Hiring the security services for the purpose of threatening, obstructing or causing difficulties to the individuals and organizations’ normal activities;

5. Additional sanctions:

a) Depriving the right to use the certificate of eligibility for security and order to do the security services business from 01 to 03 months for the acts specified at Point c, Clause 2 of this Article;

b) Depriving the right to use the certificate of eligibility for security and order to do the security services business from 03 to 06 months for the acts specified at Point a, Clause 3, Point c, g, Clause 4 of this Article;

c) Confiscating the exhibits and means used for administrative violation for the acts specified at Point b, Clause 4 of this Article;

6. Foreigners who have acts of administrative violation specified in Clause 3 and 4 of this Article, depending on the seriousness of violation, shall be imposed sanction as expulsion from the Socialist Republic of Vietnam;

Article 14. Violation of the provisions of criminal procedure, enforcement of criminal judgment, enforcement of administrative remedies

1. A caution or a fine of between VND 100,000 and 300,000 shall be imposed for failing to fulfill the obligations of the persons subject to the judicial measures of education at communes, wards and towns as prescribed.

2. A fine of between VND 500,000 and 1,000,000 shall be imposed for the acts violating the regulations on compliance with educational measures at communes, ward and towns; sending the person concerned to the reformatory school or compulsory education establishments or compulsory detoxification facilities.

3. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for one of the acts as follows:

a) Violating the regulations on compliance with preventive measures such as: arrest, custody, detention, guarantee, banned from leaving the residence, guarantee with money or valuable assets or other acts of violation of preventive measures as prescribed by law;

b) Violating the obligations of the person involved in the proceedings: failing to provide documentation or physical evidence upon the legal requirements of the agency and persons conducting the proceedings, failing to fulfill the obligation of the witness, interpreter, counsel and persons having rights and interests relating to the case; violating the regulations on compliance with the regulations on preservation of physical evidence, sealing and distraint of assets or other acts of violation as prescribed by law;

c) Violating the regulations on temporary custody or detention; violating the regulations on enforcement of fine penalty or asset forfeiture;

4. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for one of the acts as follows:

a) Persons subject to the postponement or suspension of enforcement of prison sentence have left their residence without the approval of the communal-level People’s Committee or have not been present at the place of judgment enforcement or criminal judgment enforcement agency at the residence after the expiration of postponement or suspension of enforcement of prison sentence;

b) Persons sentenced are on bail and receive the judgment enforcement decision but are absent from the judgment enforcement agency at the prescribed time;

c) Persons sentenced entitled to suspended sentence or sentenced to non-custodial reform fail to fulfill the obligations of judgment debtor as prescribed; fail to be present upon the requirement of the criminal judgment enforcement agency or communal-level People’s Committee assigned to supervise and educate without plausible reason or leave the residence without the approval of the communal-level People’s Committee;

d) Persons sentenced to probation fail to fulfill their obligation of the judgment debtor as prescribed; fail to be present upon the requirement of the criminal judgment enforcement agency, the communal-level People’s Committee where probation is executed without any plausible reason; leave place of probation without the consent of the competent person or leave place of probation exceeding the permitted time without plausible reason;

dd) Persons sentenced are banned from residence but still reside at prohibited residence or fail to be present upon the requirements of the communal-level People’s Committee of the residing place;

e) Persons sentenced to deprivation of a number of civil rights have not fulfilled obligations of judgment debtor as prescribed;

g) Persons sentenced are banned from holding positions and practicing or performing a certain work fail to fulfill obligations of the judgment debtor as prescribed;

Article 15. Violation of regulations on causing damage to the others’ assets

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

a) Stealing assets;

b) Openly appropriating the others’ assets;

c) Using deceitful tricks or running away to appropriate the others’ assets;

d) Illegally using the others’ assets;

2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the acts as follows:

a) Destroying and intentionally damaging the others;

b) Causing loss or damage to the State’s assets assigned for direct management;

c) Using tricks or creating situation to force the others to give money or assets;

d) Cheating or defrauding in brokerage, instruction or introduction of services of trading of house and land or other assets;

dd) Trading, storing or using the others’ assets know that these assets are from the legal violation;

e) Illegally seizing the others’ assets;

3. Additional sanctions:

Confiscating the exhibits and means used for administrative violation for the acts specified at Point a, b, c of Clause 1; Point c, dd, e, Clause 2 of this Article;

4. Foreigners who have acts of administrative violation specified in Clause 1 and 2 of this Article, depending on the seriousness of violation, shall be imposed sanction as expulsion from the Socialist Republic of Vietnam;

Article 16. Violation of regulations on protection of public works or security and order works

1. A fine of between VND 500,000 and 1,000,000 shall be imposed for acts of shifting signals, instruction signs, signboards of agencies and organizations.

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

a) Arbitrarily shifting and dismantling column of telephone, telegraph, lamp-post and fence of state agencies or other public works;

b) Dismantling, demolishing or doing anything else that may damage the signals, instruction signs, signboards of agencies and organizations.

3. Additional sanctions:

Confiscating the exhibits and means used for administrative violation for the acts specified in Clause 1 and 2 of this Article;

4. Remedial measures:

Coercively restoring the initial condition for the acts specified in Clause 1 and 2, Clause 2 of this Article;

5. Foreigners who have acts of administrative violation specified in Clause 2 of this Article, depending on the seriousness of violation, shall be imposed sanction as expulsion from the Socialist Republic of Vietnam;

Article 17. Violation of regulations on entry, exit, transit, stay and traveling

1. A caution or a fine of between VND 100,000 and 300,000 shall be imposed on foreigners traveling in the territory of Vietnam without Passport or valuable papers in lieu of Passport;

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

a) Failing to inform the competent authority of loss or damage of Passport or valuable papers in lieu of Passport, Vietnam visa, temporary residence card and permanent residence card;

b) Erasing, modifying or distorting form and content specified in Passport or valuable papers in lieu of Passport, visa, temporary residence card and permanent residence card;

c) Giving untruthful declaration in order to be issued with Passport or other valuable papers in lieu of Passport, Vietnam visa, temporary residence card, permanent residence card or valuable papers on entry, exit or residence in Vietnam;

d) Foreigners who come to the restricted areas or areas where the State requires a permit but have none or travel beyond the scope and permitted time limit;

dd) Failing to present Passport or valuable papers in lieu of Passport or papers relating to the entry or exit upon the requirement of Vietnamese authority; failing to comply with other requirements of Vietnamese authority on examination of people and luggage;

e) Foreigners do not declare their temporary residence as prescribed or use certificate of temporary residence, temporary residence card or permanent residence card in Vietnam with expiration of 15 days or less without the permission of the competent authority;

g) Permitting foreigners to stay overnight without declaration of temporary residence; failing to instruct foreigners to declare their temporary residence as prescribed or failing to comply with other regulations of the competent authority;

3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the acts as follows:

a) Crossing national border without entry or exit procedures as prescribed;

b) Evading, organizing or helping the others hide in the entry or exit vehicles for entering Vietnam or going abroad;

c) Permitting the others to use their Passports or valuable papers in lieu of Passports to perform acts in contradiction with regulations of law;

d) Using Passport or other valuable papers in lieu of Passport of others for entry, exit or transit;

dd) A foreigner fails to register his/her temporary residence as prescribed or uses a temporary residence certificate, temporary residence card, or permanent residence card which has expired for 16 days or more without the permission of a competent authority;

e) Foreigners have been issued with permanent residence card but changed their address without notification for re-issue;

4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the acts as follows:

a) Vehicle owner or operator of vehicles transporting people who enter or leave Vietnam illegally;

b) Using fake Passport or valuable papers in lieu of fake Passport, fake visa, fake temporary residence card, fake permanent residence card or fake verification seal for entry, exit, transit or residence;

5. A fine of between VND 15,000,000 and 25,000,000 shall be imposed for one of the acts as follows:

a) Helping, receiving, sheltering or enabling others to go abroad, stay abroad, enter Vietnam, stay in Vietnam or crossing national borders illegally;

b) Foreigners who enter and practice jobs or have other activities in Vietnam without permission of the Vietnamese competent authority;

c) Individuals and organizations in Vietnam sponsor or perform the procedures for foreigners to enter Vietnam, asking for visa, temporary residence card, temporary residence extension, valuable papers of entry and residence in Vietnam but fail to comply with responsibility as prescribed by law or give untruthful declaration when sponsoring, inviting or performing procedures for foreigners to enter, ask for visa, temporary residence card, temporary residence extension, valuable papers for entry, exit or residence in Vietnam;

d) Foreigners enter but fail to operate in line with purpose or program proposed for temporary or permanent residence card;

6. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the acts as follows:

a) Forging, record or papers for issue of Passport or other valuable papers in lieu of Passport, visa, temporary or permanent residence card;

b) Forging Passport or other valuable papers in lieu of Passport, visa, temporary or permanent residence card or verification seal;

c) Sneaking into the embassy, consulate or Vietnam-based international organizations and agencies;

d) Foreigner are residing in Vietnam without permission of the competent authority;

dd) Organizing, introducing or brokering the others for entry or leaving Vietnam illegally;

7. Additional sanctions:

Confiscating the exhibits or means used for administrative violation for the acts specified at Point b, Clause 2; Point c and Article of Clause 3; Point a of Clause 4; Point a and b of Clause 6 of this Article;

8. Remedial measures:

a) Coercively withdrawing the Passport or valuable papers in lieu of Passport, visa, temporary or permanent residence card or verification seal for the acts specified at Point b, Clause 2; Point d, dd, Clause 3; Point b of Clause 4; Point a and b, Clause 6 of this Article;

b) Coercively annulling the untruthful information for the acts specified at Point c, Clause 2; Point c, Clause 5 of this Article;

9. Foreigners who have acts of administrative violation specified in Clause 1,2, 3, 4, 5 and 6 of this Article, depending on the seriousness of violation, may be sanctioned in the form of expulsion from the Socialist Republic of Vietnam.

Article 18. Violation of regulations on protection of State secrets

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

a) Printing or copying confidential, top-secret or strictly confidential documents improperly;

b) Publicizing or studying information under the state secret improperly;

c) Failing to comply with regulations on transport and delivery of documents or objects containing state secrets;

d) Destroying documents and objects containing state secrets improperly;

dd) Entering restricted areas and locations, places of preservation, storing or activities with contents under the state secret without permission;

e) Filming, taking photograph or drawing diagram at restricted areas;

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the acts as follows:

a) Providing information under the state secrets to the agencies, organizations or citizens in the country or abroad improperly;

b) Bringing documents or objects containing the state secrets abroad without permission of the competent authority;

c) Filming, taking photograph or drawing diagram at restricted areas in relation to security and national defense;

3. Additional sanctions:

Confiscating the exhibits or means used for administrative violation for the acts specified at Point c, Clause 2 of this Article;

4. Remedial measures:

a) Coercively recovering documents and information under the state secrets for the acts specified at Point a, b and e, of Clause 1 and 2 of this Article;

b) Coercively restoring the initial condition for the acts specified at Point d, Clause 1 of this Article;

Article 19. Violation of regulations of law on management, use of costumes, badges, nameplates and number exclusively for the People's Police Force

1. A fine of between VND 500,000 and 1,500,000 shall be imposed for storing or illegally using the costumes, badges, nameplates and number;

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for illegally trading or exchanging the costumes, badges, nameplates and number;

3. A fine of between VND 10,000,000 and 30,000,000 shall be imposed for illegally producing or forging the costumes, badges, nameplates and number;

4. Additional sanctions:

Confiscating the exhibits and means used for administrative violation for the acts specified in Clause 1, 2 and 3 of this Article;

5. Foreigners who have acts of administrative violation specified in Clause 1, 2 and 3 of this Article, depending on the seriousness of violation, shall be imposed sanction as expulsion from the Socialist Republic of Vietnam;

Article 20. Acts of obstructing, resisting inspection, testing, control of the duty or bribing the officials on duty

1. A fine of between VND 500,000 and 1,000,000 shall be imposed for brokering, joining hands or instructing the individuals and organizations committing the violation to evade the inspection, examination or control of officials on duty;

2. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for one of the acts as follows:

a) Obstructing or failing to comply with the inspection, examination or control of officials on duty;

b) Having words or actions threatening, abusive, insulting the honor and dignity of the officials on duty;

c) Inciting, inducing or inciting others not to abide by the inspection, examination and control of the officials on duty;

3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the acts as follows:

a) Using force or threatening to use force against the officials on duty;

b) Causing damage to the assets and facilities of state agencies or of the officials on duty;

c) Giving money, assets or other material benefits to the officials on duty to evade the sanction of administrative violation;

4. Additional sanctions:

Confiscating the amount of money, assets or material benefits for the acts specified at Point c, Clause 3 of this Article;

SECTION 2. ADMIISTRATIVE VIOLATION OF PREVENTION AND FIGHTING OF SOCIAL EVILS

Article 21. Violation of regulations on prevention, fighting and control of drug

1. A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for illegally using narcotic drug;

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

a) Storing, transporting or appropriating narcotic drug illegally;

b) Storing, transporting, trading or appropriating the precursor substance used in illegally producing narcotic drug;

c) Producing or trading tools used for narcotic drug in contradiction with regulations of law;

3. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for the cultivation of the poppy, cannabis and other plants containing narcotic substances.

4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the acts as follows:

a) The owners or persons responsible for managing restaurants, accommodation renting facilities, clubs, means of transportation and other places permit the others to take advantage of drug use in the area and means under their management;

b) Brokering, helping and enabling by means of other forms to help other illegally use the narcotic drug;

c) Transfer narcotic drug or psychotropic substances or other drugs to persons who are allowed for storage or use;

5. A fine of between VND 20,000,000 and 40,000,000 shall be imposed for one of the acts as follows:

a) Illegally providing location and means for others to illegally use the narcotic drug;

b) Committing violation of regulations on import, export, temporary import for re-export or transit of substances containing narcotic drug, stimulant drug, psychotropic substances and drug precursors;

c) Committing violation of regulations on research, appraisal , production or storage of narcotic drugs and drug precursors;

d) Committing violation of regulations on delivery, storing or transport of narcotic drugs and drug precursors;

dd) Committing violation of regulations on distribution, trading, use or exchange of narcotic drugs and drug precursors;

e) Committing violation of regulations on management, control or storage of narcotic drugs and drug precursors at border gate area or at sea;

6. Additional sanctions:

Confiscating the exhibits and means used for administrative violation for the acts specified in Clause 1, 2, 3, 4 and 5 of this Article;

7. Foreigners who have acts of administrative violation specified in Clause 1,2, 3, 4, and 5 of this Article, depending on the seriousness of violation, may be sanctioned in the form of expulsion from the Socialist Republic of Vietnam.

Article 22. Sex purchase

1. A fine of between VND 500,000 and 1,000,000 shall be imposed for sex purchase;

2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for purchasing sex from many persons at the same time;

3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for enticing or coercing others to purchase sex together;

Article 23. Sex selling

1. A caution or a fine of between VND 100,000 and 300,000 shall be imposed for sex selling;

2. A fine of between VND 300,000 and 500,000 shall be imposed for selling sex to many persons at the same time;

3. Foreigners who have acts of administrative violation specified in Clause 1 and 2 of this Article, depending on the seriousness of violation, may be sanctioned in the form of expulsion from the Socialist Republic of Vietnam.

Article 24. Other acts relating to the sex selling and purchase

1. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for providing location for sex selling and purchase;

2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the acts as follows:

a) Introducing or seducing the sex selling and purchase;

b) Concealing or protecting the sex selling and purchase;

3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the acts as follows:

a) Enticing, coercing or forcing other to sell sex;

b) Using practices to control or threaten the person purchasing or selling sex for money demand and property seizure;

4. A fine of between VND 15,000,000 and 20,000,000 shall be imposed for one of the acts as follows:

a) Abusing reputation to protect and maintain the sex selling and purchase;

b) Threatening to use force to protect and maintain the sex selling and purchase;

c) Brokering the infrequent sex selling and purchase;

d) Contributing capital for the purpose of sex selling and purchase;

5. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the acts as follows:

a) Abusing positions and powers to protect and maintain the sex selling and purchase;

b) Using force to protect and maintain the sex selling and purchase;

6. Additional sanctions:

a) Confiscating the amount of money obtained due to administrative violation for the acts specified in Clause 1, 2 and 3 of this Article;

b) Confiscating the amount of money contributed for the purpose of sex selling and purchase for the acts specified at Point d, Clause 4 of this Article;

Article 25. Abusing business and services for sex selling and purchase

1. A fine of between VND 15,000,000 and 20,000,000 shall be imposed on the heads of services business establishments due to lack of sense of responsibility resulted in sex selling and purchase at their establishments;

2. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for using the sex selling and purchase and other sex activities as the business methods;

3. Additional sanctions:

Depriving the right to use the business license from 06 to 12 months for the acts specified in Clause 1 and 2 of this Article;

Article 26. Illegal gambling

1. A caution or a fine of between VND 200,000 and 500,000 shall be imposed for buying illegal lottery number;

2. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for one of the acts of gambling as follows:

a) Illegally gambling with one of the forms such as xoc dia, ta la, to tom, tu lo kho, tam cuc, 3 cay, tu sac or other forms which are lost or won in cash or in kind;

b) Gambling with machine or illegal electronic games;

c) Betting in cash or in other forms in sports competition, entertainment or other activities;

d) Selling illegal lottery sheet or printed matters used for playing illegal lottery;

3. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the acts as follows:

a) Receiving deposit, pawn or loan at casinos or other gambling places;

b) Concealing the illegal gambling;

4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the acts of gambling organization as follows:

a) Enticing, inciting or gathering people for illegal gambling;

b) Using home or accommodation or other means and locations to organize the gambling;

c) Illegally placing gambling or electronic game machine;

d) Organizing illegal betting activities;

5. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the acts of organizing the illegal lottery as follows:

a) As a banker;

b) Organizing the production and distribution of illegal lottery sheets or other printed matters used for illegal lottery playing;

c) Organizing network for sales of illegal lottey;

d) Organizing the betting in sports competition activities, entertainment or in the other forms to play gambling for money;

6. Additional sanctions:

Confiscating the exhibits and means used for administrative violation and confiscating money obtained due to administrative violation for the acts specified in Clause 1, 2, Point a of Clause 3, Point b, c and Article of Clause 4 and 5 of this Article;

7. Foreigners who have acts of administrative violation specified in Clause 1,2, 3, 4, and 5 of this Article, depending on the seriousness of violation, may be sanctioned in the form of expulsion from the Socialist Republic of Vietnam.

SECTION 3. ADMINISTRATIVE VIOLATION ON FIRE PREVENTION AND FIGHTING

Article 27. Violation of regulations on the issue and publicity and implementation of regulations and rules on fire prevention and fighting

1. A caution or a fine of between VND 100,000 and 300,000 shall be imposed for one of the acts as follows:

a) Failing to fully comply with regulations and rules on fire prevention and fighting of the competent state authority;

b) Ruining the effect or leaving the rules, regulations, signals, warning signs and direction signs old, dim and the letter as well as instruction symbols are not clear

c) Improperly setting the rules, regulations, signals, warning signs and direction signs on fire prevention and fighting.

2. A caution or a fine of between VND 300,000 and 500,000 shall be imposed for one of the acts as follows:

a) Failing to arrange or post the rules, regulations, signals, warning signs and direction signs on fire prevention and fighting.

b) Failing to comply with the rules, regulations on fire prevention and fighting.

c) Failing to publicize the rules, regulations on fire prevention and fighting to the persons within their management;

d) Issuing the rules, regulations on fire prevention and fighting with incomplete contents or inconsistently with the nature of explosion and blasting of establishments;

3. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for failing to arrange or post the regulations on fire prevention and fighting;

4. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for not having or having regulations or rules on fire prevention and fighting but in contradiction with the state legal normative documents;

5. Remedial measures:

Coercively restoring the initial conditions for the acts specified at Point b, Clause 1 of this Article;

Article 28. Violation of regulations on inspection of fire prevention and fighting safety

1. A caution or a fine of between VND 100,000 and 300,000 shall be imposed for failing to present records and documents in service of inspection of fire prevention and fighting safety;

2. A fine of between VND 300,000 and 500,000 shall be imposed for one of the acts as follows:

a) Failing to fully and promptly fulfill the written requirements on fire prevention and fighting from the competent authority;

b) Failing to appoint responsible persons to take part in the inspection team of fire prevention and fighting;

c) Failing to organize self inspection of fire prevention and fighting as prescribed;

3. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the acts as follows:

a) Failing to implement the guiding and directing documents on fire prevention and fighting of the competent authority;

b) Failing to fulfill the written requirements on fire prevention and fighting from the competent authority;

4. A fine of between VND 10,000,000 and 15,000,000 shall be imposed after the agency has been appraised and accepted for fire prevention and fighting, before putting the establishment into operation, the head of establishment has no written notification and signs on commitment that the establishment has met all requirements and maintained the conditions on ensuring the fire prevention and fighting during the utilization of house and works as well the business and production as prescribed;

5. Foreigners who have acts of administrative violation specified in Clause 2, 3 and 4 of this Article, depending on the seriousness of violation, shall be imposed sanction as expulsion from the Socialist Republic of Vietnam;

Article 29. Violation of record of fire prevention and fighting safety management

1. A caution or a fine of between VND 100,000 and 300,000 shall be imposed for one of the acts as follows:

a) Failing to report on the fire prevention and fighting;

b) Having insufficient documents in the record of fire prevention and fighting management and monitoring;

c) Failing to update the changed information related to the fire prevention and fighting in the record of fire prevention and fighting management and monitoring of the establishments;

2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for failing to prepare the record of fire prevention and fighting management and monitoring;

3. Foreigners who have acts of administrative violation specified in Clause 1 and 2, of this Article, depending on the seriousness of violation, shall be imposed sanction as expulsion from the Socialist Republic of Vietnam;

Article 30. Violation of regulations on fire prevention and fighting in management, preservation and use of substances or goods at risk of fire and explosion

1. A caution or a fine of between VND 100,000 and 300,000 shall be imposed for having no books or record of management and monitoring of substances or goods at risk of fire and explosion;

2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for preserving, placing, arranging, piling goods at risk of fire and explosion exceeding the number, quantity or arranging goods at improper distance, not in group of goods at risk of fire and explosion as prescribed;

3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for using equipment or means containing substances or goods at risk of fire and explosion without certificate of inspection or without assurance of safety conditions for fire prevention and fighting as prescribed.

4. A fine of between VND 15,000,000 and 25,000,000 shall be imposed for illegally storing substances or goods at risk of fire and explosion;

5. A fine of between VND 40,000,000 and 50,000,000 shall be imposed for illegally using substances or goods at risk of fire and explosion;

6. Additional sanctions:

Confiscating substances or goods at risk of fire and explosion for the acts specified in Clause 4 and 5 of this Article;

7. Remedial measures:

a) Coercively preserving, placing, arranging and reducing the number and quantity of substances or goods at risk of fire and explosion for the acts specified in Clause 2 of this Article;

b) Coercively moving the substances or goods at risk of fire and explosion to the storehouse or location as prescribed for the acts specified in Clause 3 of this Article;

8. Foreigners who have acts of administrative violation specified in Clause 2, 3, 4 and 5 of this Article, depending on the seriousness of violation, shall be imposed sanction as expulsion from the Socialist Republic of Vietnam;

Article 31. Violation of regulations on fire prevention and fighting in production and business of substances or goods at risk of fire and explosion

1. A fine of between VND 200,000 and 500,000 shall be imposed for one of the acts as follows:

a) Having no measures and means to prevent accumulation of static electricity as prescribed;

b) Having no natural ventilation or without forced ventilation equipment as prescribed.

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

a) Failing to install devices to detect and handle leaks of substances or goods at risk of fire and explosion to the surrounding environment;

b) Having no plan or equipment to troubleshoot cracks or break of tanker, equipment or pipeline containing and carrying petroleum, petroleum products and other flammable liquids.

3. A fine of between VND 15,000,000 and 25,000,000 shall be imposed for one of the acts as follows:

a) Producing, trading, pouring and loading substances or goods at risk of fire and explosion without license;

b) Pouring and loading substances or goods at risk of fire and explosion at improper place or into containing equipment of improper type and inconsistently with substances or goods at risk of fire and explosion.

4. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for producing and trading substances or goods at risk of fire and explosion in the list of banned business

5. Additional sanctions:

Confiscating the substances or goods at risk of fire and explosion for the acts specified in Clause 3 and 4 of this Article;

6. Remedial measures:

Coercively taking remedial measures of environmental pollution as prescribed for the acts specified at Point a and b, Clause 2 of this Article;

7. Foreigners who have acts of administrative violation specified in Clause 1, 2, 3 and 4 of this Article, depending on the seriousness of violation, shall be imposed sanction as expulsion from the Socialist Republic of Vietnam;

Article 32. Violation of regulations in transport of substances or goods at risk of fire and explosion

1. A caution or a fine of between VND 100,000 and 300,000 shall be imposed for one of the acts as follows:

a) Damaging the transport permit of substances or goods at risk of fire and explosion;

b) Failing to bring the transport permit when transporting substances or goods at risk of fire and explosion;

c) Failing to peel off or remove symbol of substances or goods at risk of fire and explosion when they are moved out of means of transportation;

d) Losing the transport permit of substances or goods at risk of fire and explosion but having informed to the competent authority in a timely manner;

2. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for loading substances or goods at risk of fire and explosion on means of transportation improperly

3. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the acts as follows:

a) Failing to fully maintain the conditions for fire prevention and fighting safety when using the motorized vehicles to transport the substances or goods at risk of fire and explosion during transportation;

b) Transporting other goods with the substances or goods at risk of fire and explosion on the same means of transportation without permission of the competent authority;

c) Carrying person who has no duty on means of transportation of substances or goods at risk of fire and explosion;

4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the acts as follows:

a) Transporting the substances or goods at risk of fire and explosion exceeding the number, quantity and type specified in the permit;

b) Failing to post the symbol of substances or goods at risk of fire and explosion on means of transportation;

c) Failing to comply with the conditions for fire prevention and fighting safety or failing to comply with the instruction of competent operator upon loading, unloading, pumping or transferring the substances or goods at risk of fire and explosion out of means of transportation as prescribed;

d) Loading, unloading, pumping or transferring the substances or goods at risk of fire and explosion at locations which do not ensure the conditions for fire prevention and fighting safety;

dd) Loading, unloading, pumping or transferring the substances or goods at risk of fire and explosion under transport to other vehicles without permission of the competent authority;

e) Losing the transport permit but failing to inform the competent authority;

5. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for one of the acts as follows:

a) Transporting the substances or goods at risk of fire and explosion without the transport permit;

b) Forging or using fake permit to transport the substances or goods at risk of fire and explosion;

c) Modifying or erasing the transport permit of substances or goods at risk of fire and explosion;

6. Additional sanctions:

Confiscating the substances or goods at risk of fire and explosion for the acts specified at Point b, Clause 1; Point a and b, Clause 5 of this Article;

7. Remedial measures:

a) Coercively re-arranging the substances or goods at risk of fire and explosion as prescribed for the acts specified at Point a, Clause 2 of this Article;

b) Coercively reducing the number, quantity and type of substances or goods at risk of fire and explosion as prescribed for the acts specified at Point a, Clause 4 of this Article;

c) Coercively moving the substances or goods at risk of fire and explosion to the storage or location as prescribed for the acts specified at Point a and b, Clause 5 of this Article;

d) Coercively revoking the transport permit of substances or goods at risk of fire and explosion for the acts specified at Point c, Clause 5 of this Article;

8. Foreigners who have acts of administrative violation specified in Clause 2, 3, 4 and 5 of this Article, depending on the seriousness of violation, shall be imposed sanction as expulsion from the Socialist Republic of Vietnam;

Article 33. Violation of regulations on fire prevention and fighting in using fire or heat source, fire or heat generating equipment and tool;

1. A caution or a fine of between VND 100,000 and 300,000 shall be imposed for using matches, lighters, cell phones in areas where there are prohibition regulations;

2. A caution or a fine of between VND 300,000 and 500,000 shall be imposed for using the fire or heat source, fire or heat generating equipment and tool without safe distance assurance on fire prevention and fighting as prescribed;

3. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the acts as follows:

a) Using fire or heat source, fire or heat generating equipment and tool in areas where there are prohibition regulations;

b) Welding or cutting metal without safety measures for fire prevention and fighting as prescribed.

4. Foreigners who have acts of administrative violation specified in Clause 1, 2 and 3 of this Article, depending on the seriousness of violation, shall be imposed sanction as expulsion from the Socialist Republic of Vietnam;

Article 34. Violation of regulations on fire prevention and fighting in design, installation, management and use of electricity

1. A caution or a fine of between VND 100,000 and 300,000 shall be imposed for having no regulations on fire prevention and fighting safety in using electricity at the establishments.

2. A fine of between VND 300,000 and 500,000 shall be imposed for not using electrical equipment in accordance with the manufacturer's instructions.

3. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the acts as follows:

a) Failing to maintain the regular operation of the emergency lighting system;

b) Changing design, structure or main parameters of electrical system and equipment without approval of the competent person or authority;

c) Installing and using electrical wires, electrical cables or switching equipment, protective devices or power consumption equipment do not ensure the fire prevention and fighting safety;

d) Using overloading electrical equipment compared with the design;

dd) Using electrical equipment at places where there are prohibition regulations;

4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the acts as follows:

a) Using electrical equipment does not ensure the requirements for fire prevention and fighting as prescribed in the environment at risk of fire and explosion;

b) Having no backup power as prescribed.

5. A fine of between VND 15,000,000 and 25,000,000 shall be imposed for failing to design or install the power systems in service of requirements for fire prevention and fighting, rescue and salvage as prescribed;

Article 35. Violation of regulations on fire prevention and fighting safety in design, performance, examination and maintenance of lightning protection system

1. A caution or a fine of between VND 100,000 and 300,000 shall be imposed for having no monitoring record of lightning protection system as prescribed;

2. A fine of between VND 300,000 and 500,000 shall be imposed for failing to periodically check the lightning protection system as prescribed;

3. A fine of VND 5,000,000 and 10,000,000 shall be imposed for failing take remedy of errors or damage to ruin the effect of lightning protection systems.

4. A fine of VND 10,000,000 and 25,000,000 shall be imposed for failing to install the lightning protection system for houses, works subject to the installation of lightning protection system as prescribed;

Article 36. Violation of regulations of fire prevention and fighting in investment and construction

1. A fine of between VND 300,000 and 500,000 shall be imposed for having no measures and means to ensure the fire prevention and fighting safety during the works construction;

2. A fine of between VND 500,000 and 1,000,000 shall be imposed for having no design of fire prevention and fighting system for works subject to this system;

3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for putting the houses and works into use without ensuring one of the conditions for fire prevention and fighting safety for works not subject to appraisal of fire prevention and fighting;

4. A fine of between VND 8,000,000 and 15,000,000 shall be imposed for one of the acts as follows:

a) Carrying out the performance and installation inconsistently with the design of fire prevention and fighting approved by the competent authority;

b) Failing to present the record for re-appraisal upon renewal, expansion or change of nature of using houses and works during the performance and use as prescribed;

5. A fine of between VND 15,000,000 and 25,000,000 shall be imposed for one of the acts as follows:

a) Performing the construction of works subject to the appraisal of fire prevention and fighting when having no certificate of appraisal of fire prevention and fighting;

b) Newly fabricating or converting motor vehicles with special requirements for ensuring the fire prevention and fighting safety but without the appraisal of the competent authority;

6A fine of between VND 30,000,000 and 50,000,000 shall be imposed for putting the houses and works into operation or use without acceptance of fire prevention and fighting.

7. Remedial measures:

a) Coercively taking remedy of conditions to ensure the fire prevention and fighting safety for the acts specified in Clause 1 and 3 of this Article;

b) Coercively organizing the acceptance of fire prevention and fighting from the state management agency for the acts specified in Clause 6 of this Article;

Article 37. Violation of regulations on distance of fire prevention and fighting safety

1. A caution or a fine of between VND 100,000 and 300,000 shall be imposed for one of the acts as follows:

a) Placing and arranging materials and goods do not ensure the distance of fire prevention and fighting safety as prescribed;

b) Failing to organize the industrial sanitation resulted in forming the environment at risk of fire and explosion;

2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for setting fire walls, fire partitions or fire doors and other fire prevention measures that do not meet the requirements as prescribed.

3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the acts as follows:

a) Installing ceiling, floors, partitions or canopies or gathering combustible materials at unauthorized places;

b) Building houses and other works in forest or forest edge does not ensure the safety of fire spread as prescribed;

4. A fine of between VND 15,000,000 and 25,000,000 shall be imposed for one of the acts as follows:

a) Failing to clean up the flammable liquids in safety corridors of pipeline of oil, gas and petroleum products;

b) Performing works in violation of fire prevention distance;

5. A fine of between VND 30,000,000 and 50,000,000 shall be imposed for one of the acts as follows:

a) Failing to make fire walls, fire partitions, fire doors and fire prevention measures as prescribed;

b) Ruining the effect of fire prevention of fire walls, fire partitions, fire doors and fire prevention measures;

6. Remedial measures:

a) Coercively restoring the initial condition for the acts specified at Point a, Clause 1, Point b, Clause 5 of this Article;

b) Coercively removing the unauthorized construction works for the acts specified at Point b of Clause 3 and Point b of Clause 4 of this Article;

Article 38. Violation of regulations on escape in fire prevention and fighting

1. A caution or a fine of between VND 100,000 and 300,000 shall be imposed for designing the escape door not to be open in the direction of escape and failing to install mirror in the escape stairs;

2. A fine of between VND 300,000 and 500,000 shall be imposed for one of the acts as follows:

a) Placing or arranging materials, goods, vehicles and other objects obstructing the escape way;

b) Removing or damaging the emergency lighting equipment, signs and instruction signs in the escape way;

c) Failing to install signs and instruction signs in the escape way;

3. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the acts as follows:

a) Having inadequate rescue equipment as prescribed;

b) Having no ventilation or smoke release equipment as prescribed for the escape way;

c) Having no emergency lighting equipment in the escape way or insufficient lighting as prescribed or no effect;

d) Designing and building the escape door, escape way and escape stairs with insufficient number, area, width or improperly as prescribed;

4. A fine of between VND 5,000,000 and 15,000,000 shall be imposed for locking, inserting or blocking the escape door;

5. A fine of between VND 15,000,000 and 25,000,000 shall be imposed for ruining the effect of escape way.

Article 39. Violation of regulations on fire extinguishment plan of establishment

1. A caution or a fine of between VND 100,000 and 300,000 shall be imposed for failing to manage the fire extinguishment plan as prescribed;

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

a) Failing to prepare the fire extinguishment plan which does not satisfy the requirements;

b) Failing to disseminate the fire extinguishment plan;

3. A fine of between VND 1,500,000 and 3,000,000 shall be imposed for one of the acts as follows:

a) Failing to submit the fire extinguishment plan for approval;

b) Failing to practice the fire extinguishment plan;

c) Failing to supplement or adjust the fire extinguishment plan;

d) Failing to fully practice situations of fire extinguishment in the fire extinguishment plan approved;

4. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the acts as follows:

a) Failing to prepare the fire extinguishment plan;

b) Failing to organize the practice of fire extinguishment plan;

Article 40. Violation of regulations on fire alarming information

1. A caution or a fine of between VND 100,000 and 300,000 shall be imposed for failing to replace the broken or ineffective fire alarming equipment

2. A fine of between VND 300,000 and 500,000 shall be imposed for one of the acts as follows:

a) Having no signal or fire alarming equipment as prescribed;

b) Giving late, untimely and incomplete fire alarm.

3. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the acts as follows:

a) Giving false fire alarm;

b) Failing to give fire alarm or hindering or obstructing the fire alarming information;

c) Unit providing information services has not take remedy of errors of fire alarming information receiving equipment of the fire prevention and fighting police agency upon written requirement.

4. Remedial measures:

Coercively restoring the initial condition for the acts specified in Clause 1 of this Article;

5. Foreigners who have acts of administrative violation specified in Clause 1, 2 and 3 of this Article, depending on the seriousness of violation, shall be imposed sanction as expulsion from the Socialist Republic of Vietnam;

Article 41. Violation of regulations on equipment, preservation and use of fire prevention and fighting equipment

1. A caution or a fine of between VND 100,000 and 300,000 shall be imposed for obscuring the fire prevention and fighting equipment;

2. A fine of between VND 300,000 and 500,000 shall be imposed for one of the acts as follows:

a) Failing to periodically check and maintain the fire prevention and fighting equipment and system;

b) Failing to fully or synchronously equip the fire prevention and fighting equipment as prescribed;

c) Failing to equip the fire prevention and fighting equipment commonly used for motorized vehicles as prescribed;

3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the acts as follows:

a) Equipping, installing and using the fire prevention and fighting equipment which has not been tested for quality, type and design as prescribed;

b) Equipping the fire prevention and fighting equipment which is not appropriate with the nature of fire and explosion of establishment as prescribed;

c) Using the fire prevention and fighting equipment at permanent fire extinguishment position for other purposes;

d) Failing to reserve sufficient water as prescribed;

dd) Moving or changing the designed installation position of fire prevention and fighting equipment approved by the competent authority;

e) Failing to equip the fire prevention and fighting equipment commonly used for single purpose motorized vehicles to transport the substances and goods at risk of fire and explosion as prescribed;

4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the acts as follows:

a) Failing to equip the fire prevention and fighting equipment commonly used for houses and works as prescribed;

b) Losing, damaging or ruining the effect of fire prevention and fighting equipment;

5. A fine of between VND 15,000,000 and 25,000,000 shall be imposed for failing to equip the fire prevention and fighting equipment as prescribed;

6. Remedial measures:

Coercively restoring the initial condition for the acts specified at Point b, Clause 4 of this Article;

Article 42. Violation of regulations on fire fighting

1. A caution or a fine of between VND 100,000 and 300,000 shall be imposed for entering the fire extinguishment area without competent person’s permission;

2. A fine of between VND 300,000 and 500,000 shall be imposed for failing to rescue people or assets or extinguish fire in a timely manner;

3. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the acts as follows:

a) Failing to fully prepare the force, equipment, water source and other conditions for fire extinguishment as prescribed;

b) Failing to comply with the order of commander of fire extinguishment;

c) Failing to comply with the order to mobilize the participation in fire extinguishment of the competent person;

4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the acts as follows:

a) Obstructing the operation of fire prevention and fighting equipment and force;

b) Failing to take remedy of fire consequences upon the competent person’s requirements;

c) Failing to protect the fire field as prescribed;

d) Failing to lay out traffic road, position for accessing the building or works and other spaces for fire trucks and fire motorized vehicles to operate as prescribed;

5. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for one of the acts as follows:

a) Failing to organize the escape, rescue or fire extinguishment;

b) Taking advantage of fire extinguishment to harm the health and property of citizens and property of the state.

6. Foreigners who have acts of administrative violation specified in Clause 1, 2, 3, 4 and 5 of this Article, depending on the seriousness of violation, shall be imposed sanction as expulsion from the Socialist Republic of Vietnam;

Article 43. Violation of regulations on propagation, dissemination of law, knowledge, learning, training of fire prevention and fighting;

1. A caution or a fine of between VND 100,000 and 300,000 shall be imposed for damaging banners, slogans, billboards, posters, propaganda posters on fire prevention and fighting.

2. A fine of between VND 300,000 and 500,000 shall be imposed for one of the acts as follows:

a) Failing to propagate and disseminate the law and knowledge of fire prevention and fighting as prescribed;

b) Employing persons as grassroots fire extinguishing force, motorized vehicle operator of 04 seats or more and motorized vehicle operator transporting the substances and goods at risk of fire and explosion but have not trained with techniques of fire prevention and fighting or have not been issued with certificate for taking the course of techniques of fire prevention and fighting;

3. A fine of VND 1,500,000 and 3,000,000 shall be imposed for failing to organize the training or retraining of techniques of fire prevention and fighting as prescribed;

4. Remedial measures:

Coercively restoring the initial condition for the acts specified in Clause 1 of this Article;

5. Foreigners who have acts of administrative violation specified in Clause 2 and 3 of this Article, depending on the seriousness of violation, shall be imposed sanction as expulsion from the Socialist Republic of Vietnam;

Article 44. Violation of regulations on establishment, organization and management grassroots fire prevention and fighting force and specialized fire prevention and fighting force

1. A caution or a fine of between VND 100,000 and 300,000 shall be imposed for one of the acts as follows:

a) Failing to ensure the number of person and time in a tour of duty or shift of duty on fire prevention and fighting;

b) The grassroots fire prevention and fighting force does not proficiently use the fire prevention and fighting equipment at the establishment;

2. A fine of between VND 300,000 and 500,000 shall be imposed for failing to organize duty at the establishment as prescribed;

3. A fine of between VND 1,500,000 and 5,000,000 shall be imposed for one of the acts as follows:

a) Establishing the grassroots or specialized fire prevention and fighting team which does not ensure the requirements as prescribed;

b) Failing to manage or maintain the activities of the grassroots or specialized fire prevention and fighting team as prescribed;

4. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for failing to take part in the fire prevention and fighting activities upon the competent person’s requirements;

5. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for failing to establish the grassroots or specialized fire prevention and fighting team as prescribed;

Article 45. Violation of regulations in production and business activities of fire prevention and fighting equipment or means and design of fire prevention and fighting

1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for the acts of design unit of fire prevention and fighting without legal status and technical and professional capacity as prescribed;

2. A fine of between VND 5,000,000 and 8,000,000 shall be imposed for trading the fire prevention and fighting equipment and means when not being eligible for material facilities, technical profession or not being trained or professionally trained on fire prevention and fighting as prescribed;

3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for converting the specialized firefighting vehicles or boats without the permission of the competent authority;

4. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for the acts of the units performing and installing the items of fire prevention and fighting without legal status and technical professional capacity as prescribed;

Article 46. Violation of regulations on compulsory fire and explosion insurance

1. A fine of between VND 8,000,000 and 15,000,000 shall be imposed for the business of compulsory fire and explosion insurance without measures of prevention and damage limitation for the subjects involved in compulsory fire and explosion insurance as prescribed;

2. A fine of between VND 30,000,000 and 50,000,000 shall be imposed for one of the acts as follows:

a) Establishments are subject to purchase of compulsory fire and explosion insurance but fail to purchase as prescribed;

b) Purchasing compulsory fire and explosion insurance inconsistently with the principle and premium rate of compulsory fire and explosion issued by the Ministry of Finance;

c) Establishments are subject to purchase of compulsory fire and explosion insurance but fail to separate the contract of part of compulsory fire and explosion insurance in the package contract as prescribed;

d) Failing to deduct the premium of compulsory fire and explosion insurance to contribute funds for the activities of fire prevention and fighting as prescribed;

Article 47. Violation of regulations on fire prevention and fighting in family households

1. A fine of between VND 300,000 and 500,000 shall be imposed for unintentionally violating the regulations on fire prevention and fighting resulted in fire or explosion without damage or with damage of less than VND 25,000,000;

2. A fine of between VND 500,000 and 1,000,000 shall be imposed for unintentionally violating the regulations on fire prevention and fighting resulted in fire or explosion with damage of between VND 25,000,000 and 50,000,000;

3. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for unintentionally violating the regulations on fire prevention and fighting resulted in fire or explosion with damage of more than VND 50,000,000;

Article 48. Violation in the occurrence of fire and explosion

1. A fine of between VND 300,000 and 500,000 shall be imposed for violating the regulations of fire prevention and fighting resulted in fire or explosion with damage of less than VND 2,000,000;

2. A fine of between VND 500,000 and 3,000,000 shall be imposed for unintentionally violating the regulations on fire prevention and fighting resulted in fire or explosion with damage of between VND 2,000,000 and 10,000,000;

3. A fine of between VND 5,000,000 and 8,000,000 shall be imposed for unintentionally violating the regulations on fire prevention and fighting resulted in fire or explosion with damage of between VND 10,000,000 and 25,000,000;

4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for unintentional occurrence of fire or explosion with damage of between VND 25,000,000 and 50,000,000;

5. A fine of between VND 15,000,000 and 25,000,000 shall be imposed for acts of irresponsibility by the occurrence of fire and explosion.

6. A fine of between VND 30,000,000 and 50,000,000 shall be imposed for acts of unintentional occurrence of fire and explosion causing damage of VND 50,000,000 or more;

SECTION 4. ADMINISTRATIVE VIOLATION OF DOMESTIC VIOLENCE PREVENTION

Article 49. Acts of harming health of family members

1. A fine of between VND 1,000,000 and 1,500,000 shall be imposed for acts of beat causing injury to family members;

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

a) Using tools, means or other objects to cause injury to family members;

b) Failing to take the victim to the medical emergency or treatment in case the victim needs timely medical emergency or failing to take care of the victim during the treatment of injury due to domestic violence, except in cases where the victim refuses;

3. Remedial measures:

Coercively giving the public apology upon the victim’s requirement for the act specified in Clause 1 and 2 of this Article;

Article 50. Acts of torturing or abusing family members

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

a) Mistreating the family members, such as forcing them to abstain from eating and drinking, suffer from coldness, wear torn clothes, prohibit or restrict personal hygiene;

b) Neglecting without care for family members as elderly, disabled, pregnant woman or nursing woman;

2. Remedial measures:

Coercively giving public apology upon the victim’s requirement for the acts specified in Clause 1 of this Article;

Article 51. Acts of defamation and dignity of family members

1. A fine of between VND 500,000 and 1,000,000 shall be imposed for insulting, nagging or hurting the honor and dignity of family members.

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

a) Disclosing or distributing materials or documentation of privacy of family members to hurt the honor and dignity;

b) Using the media to hurt the honor and dignity of family members;

c) Disseminating and distributing the leaflets, articles, photos or sounds to hurt the honor and dignity of family members;

3. Remedial measures:

a) Coercively giving the public apology upon the victim’s requirement for the acts specified in Clause 1 and 2 of this Article;

b) Coercively revoking the leaflets, articles, photos or sounds for the acts specified at Point a and c, Clause 2 of this Article;

Article 52. Isolating, shunning or psychologically putting pressure

1. A caution or a fine of between VND 100,000 and 300,000 shall be imposed for one of the acts as follows:

a) Prohibiting family members from going out of their house, preventing family members from meeting with their relatives, friends or having legitimate and healthy social relations aimed at isolating or psychologically putting pressure on those members;

b) Prohibiting the family members from exercising the right to work;

c) Prohibiting the family members from participating healthy and legitimate social activities;

2. A fine of between VND 300,000 and 500,000 shall be imposed for coercing the family members to witness the violence against people or animals;

3. A fine of between VND 500,000 and 1,000,000 shall be imposed for one of the acts as follows:

a) Forcing family members to perform erotic actions and use aphrodisiacs;

b) Having sexual arousal behavior or abusing body against family member who is not spouse;

4. Remedial measures:

Coercively giving public apology upon the victim’s requirement for the acts specified in Clause 1, 2 and 3 of this Article;

Article 53. Acts to prevent the implementation of rights and obligations in family relationships between grandparents and grandchildren; between parents and children, between husband and wife and between brothers and sisters together

A caution or a fine of between VND 100,000 and 300,000 shall be imposed for acts to prevent visitation and care rights between grandparents and grandchildren; between parents and children, except for cases where the parental visitation rights is limited under the decision of the court; between husband and wife; between brothers and sisters together.

Article 54. Violation of regulations on care, nurture or support

A caution or a fine of between VND 100,000 and 300,000 shall be imposed for one of the acts as follows:

1. Denying or evading support obligations between husband and wife after divorce, refusing or evading the nurturing obligations between sisters and brothers, between paternal grandparents, maternal grandparents and grandchildren under the regulations of law.

2. Denying or evading the support and nurturing obligations for parents; obligations of support and care for children after divorce as prescribed by law;

Article 55. Acts of forced marriage, divorce, child marriage or prevention of voluntary and progressive marriage

A caution or a fine of between VND 100,000 and 300,000 shall be imposed for one of the acts as follows:

1. Forcing marriage, divorce or child marriage by torture, abuse or mental intimidation or by other practices;

2. Preventing others from marriage, divorce, voluntary and progressive marriage by torture, abuse, mental intimidation, property claims or other practices;

Article 56. Acts of economic violence

1. A fine of between VND 300,000 and 500,000 shall be imposed for prohibiting the family members from using common property for the good purpose;

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

a) Seizing private property of family member;

b) Forcing family members to overwork or do heavy and dangerous work, exposure to toxic substances or do other work in contradiction with regulations of law on labor;

c) Forcing family members to beg or wander for a living.

Article 57. Unlawful acts forcing family members out of their legal living place

1. A caution or a fine of between VND 100,000 and 300,000 shall be imposed for acts forcing family members out of their legal living place

2. A fine of between VND 300,000 and 500,000 shall be imposed for acts regularly threatening with violence to force family members out of their legal living place;

Article 58. Acts of violence against persons who prevent, detect and report of domestic violence and persons who help victims of domestic violence

1. A caution or a fine of between VND 100,000 and 300,000 shall be imposed for one the acts as follows:

a) Threatening the person who prevents, detects or reports of domestic violence or helps the victim of domestic violence;

b) Hurting the honor and dignity of the person who prevents, detects and reports of domestic violence and helps the victim of domestic violence.

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

a) Assaulting the person who prevents detects and reports of domestic violence, and helps victim of domestic violence;

b) Destroying and damaging property of the person who prevents detects and reports of domestic violence, and helps victim of domestic violence;

3. Remedial measures:

a) Coercively restoring the initial condition for the acts specified at Point b, Clause 2 of this Article;

b) Coercively giving the public apology upon the victim’s requirement for the acts specified in Clause 1 and 2 of this Article;

Article 59. Forcing, inciting, instigating and enabling others to commit acts of domestic violence

1. A caution or a fine of between VND 100,000 and 300,000 shall be imposed for coercing, inciting, instigating and enabling others to commit acts of domestic violence;

2. A fine of between VND 300,000 and 500,000 shall be imposed for forcing others to commit acts of domestic violence;

Article 60. Acts of intentional failure to prevent, report on domestic violence and obstruct the prevention, report or handling of domestic violence

1. A caution or a fine of between VND 100,000 and 300,000 shall be imposed for one of the acts as follows:

a) Knowing family violence and having the condition to prevent but fail resulted in serious consequences;

b) Knowing family violence without informing the competent person or authority;

c) Obstructing others to detect and report on acts of domestic violence.

2. A fine of between VND 300,000 and 500,000 shall be imposed for obstructing the handling of domestic violence;

Article 61. Acts of using or disseminating the information, photos and sounds to incite acts of violence

A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed for using or disseminating the information, photos and sounds to incite acts of violence;

Article 62. Violation of regulations on disclosing information on victim of domestic violence

A fine of between VND 1,000,000 and 3,000,000 shall be imposed on medical personnel or counselors in the field of prevention of domestic violence having one of the following acts:

1. Disclosing personal information of victims of domestic violence without the consent of the victim or the victim's guardian affecting honor, dignity and reputation of the victim.

2. Intentionally disclosing or creating the conditions for the person committing acts of violence knows the shelter of victims of domestic violence.

Article 63. Acts to take advantage of activity of domestic violence prevention for illegal benefits

1. A caution or a fine of between VND 100,000 and 300,000 shall be imposed for one of the acts as follows:

a) Demanding for victim’s money or victim’s relative after helping the victim of domestic violence;

b) Requiring the payment of victim’s cost of living at the credible address in the community;

c) Taking advantage of difficult situation of victims of domestic violence to ask them to commit illegal acts;

2. A fine of between VND 10,000,000 and 30,000,000 shall be imposed for one of the acts as follows:

a) Establishing the consulting units of prevention of domestic violence or supporting unit for victims of domestic violence for illegal benefit;

b) Taking advantage of activities of domestic violence prevention to commit illegal acts;

3. Additional sanctions:

Depriving the right to use certificate of operation registration or certificate of practice from 06 to 12 months for the acts specified at Point a and b, Clause 2 of this Article;

Article 64. Violation of regulations on operation registration for consulting units of prevention of domestic violence or supporting unit for victims of domestic violence

1. A fine of between VND 3,000,000 and 5,000,000 shall be imposed on the consulting units of prevention of domestic violence or supporting unit for victims of domestic violence operating beyond the scope of certificate of operation registration;

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed on the consulting units of prevention of domestic violence or supporting unit for victims of domestic violence for operation without being issued with certificate of operation registration or without registration for operation;

Article 65. Violation of regulations on banned contact of Chairman of communal-level People’s Committee;

1. A caution or a fine of between VND 100,000 and 300,000 shall be imposed for one of the acts as follows:

a) Intentionally contacting the victim of domestic violence during the time to execute the decision on banned contact;

b) Using telephone and other media to threaten, taunt or insult the victims of domestic violence.

2. Additional sanctions:

Confiscating the exhibits or means used for administrative violation for the acts specified at Point b, Clause 1 of this Article

Chapter 3.

AUTHORITY TO SANCTION ADMINISTRATIVE VIOLATION

Article 66. Authority to sanction administrative violation of people’s public security

1. People’s Police officers on duty have the right to:

a) Impose a caution;

b) Impose a fine up to VND 300,000 for the administrative violation in the field of domestic violence prevention; up to VND 400,000 for the administrative violation in the field of social security, order and safety and social evil prevention; up to VND 500,000 for the administrative violation in the field of fire prevention and fighting;

2. Station Chief, Captain, Captain of waterway police of the persons specified in Clause 1 of this Article have the right to:

a) Impose a caution;

b) Impose a fine up to VND 900,000 for administrative violation in the field of domestic violence prevention; up to VND 1,200,000 for the administrative violation in the field of social security, order and safety and social evil prevention; up to VND 1,500,000 for the administrative violation in the field of fire prevention and fighting;

3. Communal-level chief police, head of police station, head of border gate police station or export processing zone have the right to:

a) Impose a caution;

b) Impose a fine up to VND 1,500,000 for administrative violation in the field of domestic violence prevention; up to VND 2,000,000 for the administrative violation in the field of social security, order and safety and social evil prevention; up to VND 2,500,000 for the administrative violation in the field of fire prevention and fighting;

c) Confiscating the exhibits and means used for administrative violation with a value not exceeding the fine level specified at Point b of this Clause;

d) Taking the remedial measures specified at Point a, c and dd, Clause 1, Article 28 of the Law on handling of administrative violation.

4. District Police Chief, head of operation division of road and railway traffic police department, head of operation division of road and railway traffic police department, Chief of group of waterway police; Head of provincial-level police division including: Head of police division for administrative management and order, Head of order police division, Head of fast rapid police division, Head of crime investigation on social order police division, Head of crime investigation on order of economic management and position police division, Head of drug crime investigation police division, Head of road and railway traffic police division, Head of road traffic division, Head of waterway traffic division, Head of protection and mobility police division, Head of criminal judgment enforcement and justice assistance police division, Head of environmental crime prevention police division, Head of fire prevention and fighting and waterway rescue police division, Head of immigration management division, Head of internal political security, Head of economic security division, Head of finance, money and investment security division, Head of fire prevention and fighting police division of districts under the Service of fire prevention and fighting and Head of mobile police unit from company level or higher level have the right to:

a) Impose a caution;

b) Impose a fine up to VND 6,000,000 for administrative violation in the field of domestic violence prevention; up to VND 8,000,000 for the administrative violation in the field of social security, order and safety and social evil prevention; up to VND 10,000,000 for the administrative violation in the field of fire prevention and fighting;

c) Depriving the right to use the permit or certificate of practice or suspending the operation with a definite time;

d) Confiscating the exhibits and means used for administrative violation with a value not exceeding the fine level specified at Point b of this Clause;

dd) Taking remedial measures specified at Point a, c, dd and k, Clause 1, Article 28 of the Law on handling of administrative violation and Points a, b, c, d, e, Clause 3, Article 3 of this Decree;

5. Director of provincial-level police or Director of Service of fire prevention and fighting has the right to:

a) Impose a caution;

b) Impose a fine up to VND 15,000,000 for administrative violation in the field of domestic violence prevention; up to VND 20,000,000 for the administrative violation in the field of social security, order and safety and social evil prevention; up to VND 25,000,000 for the administrative violation in the field of fire prevention and fighting;

c) Depriving the right to use the permit or certificate of practice or suspending the operation with a definite time;

d) Confiscating the exhibits and means used for administrative violation with a value not exceeding the fine level specified at Point b of this Clause;

dd) Director of provincial-level police shall decide the form of expulsion as sanction;

e) Taking remedial measures specified at Point a, c, dd, i and k, Clause 1, Article 28 of the Law on handling of administrative violation and Points a, b, c, d, e, Clause 3, Article 3 of this Decree;

6. Director internal political security department, Director of general economic security department, Director of information and communication security department, Director of finance, money and investment security department, Director of rural and agricultural security department, Director of police department for administrative management on social order, Head of registration, management of residence and national data on inhabitants, Director of crime investigation on social order department, Director of crime investigation on social order police department, Director of crime investigation on order of economic management and position police department, Director of drug crime investigation police department, Director of road and railway traffic police department, Head of waterway police department, Director of fire prevention and fighting and waterway rescue police department, Director of protection police department, Director of criminal judgment enforcement monitoring and justice assistance police department, Director of environmental crime prevention police department and Director of prevention of hi-tech using criminal police department have the right to:

a) Impose a caution;

b) Impose a fine up to VND 30,000,000 for administrative violation in the field of domestic violence prevention; up to VND 40,000,000 for the administrative violation in the field of social security, order and safety and social evil prevention; up to VND 50,000,000 for the administrative violation in the field of fire prevention and fighting;

c) Depriving the right to use the permit or certificate of practice or suspending the operation with a definite time;

d) Confiscating the exhibits and means used for administrative violation;

dd) Taking remedial measures specified at Point a, c, dd, i and k, Clause 1, Article 28 of the Law on handling of administrative violation and Points a, b, c, d, e, Clause 3, Article 3 of this Decree;

7. Director of Immigration management department having the authority to impose sanction under the provisions in Clause 6 of this Article and shall decide the form of expulsion as sanction;

Article 67. Authority to sanction administrative violation of Chairman of People’s Committee of all levels

1. Chairman of communal-level People’s Committee has the right to:

a) Impose a caution;

b) Impose a fine up to VND 3,000,000 for administrative violation in the field of domestic violence prevention; up to VND 4,000,000 for the administrative violation in the field of social security, order and safety and social evil prevention; up to VND 5,000,000 for the administrative violation in the field of fire prevention and fighting;

c) Confiscating the exhibits and means used for administrative violation with a value not exceeding the fine level specified at Point b of this Clause;

d) Taking remedial measures specified at Point a, b, c and dd, Clause 1, Article 28 of the Law on handling of administrative;

2. Chairman of district-level People’s Committee has the right to:

a) Impose a caution;

b) Impose a fine up to VND 15,000,000 for administrative violation in the field of domestic violence prevention; up to VND 20,000,000 for the administrative violation in the field of social security, order and safety and social evil prevention; up to VND 25,000,000 for the administrative violation in the field of fire prevention and fighting;

c) Depriving the right to use the permit or certificate of practice or suspending the operation with a definite time;

d) Confiscating the exhibits and means used for administrative violation with a value not exceeding the fine level specified at Point b of this Clause;

dd) Taking remedial measures specified at Point a, b, c, dd, e, h, i, k, Clause 1, Article 28 of the Law on handling of administrative violation and Points a, b, c, d, e, Clause 3, Article 3 of this Decree;

3. Chairman of provincial-level People’s Committee has the right to:

a) Impose a caution;

b) Impose a fine up to VND 30,000,000 for administrative violation in the field of domestic violence prevention; up to VND 40,000,000 for the administrative violation in the field of social security, order and safety and social evil prevention; up to VND 50,000,000 for the administrative violation in the field of fire prevention and fighting;

c) Depriving the right to use the permit or certificate of practice or suspending the operation with a definite time;

d) Confiscating the exhibits and means used for administrative violation;

dd) Taking remedial measures specified in Clause 1, Article 28 of the Law on handling of administrative;

Article 68. Authority to impose administrative sanction of other agencies

The forces: border guards, coast guard, customs, ranger, diplomatic missions, consular offices and other agencies authorized to perform consular functions of the Socialist Republic of Vietnam abroad shall have the authority to sanctions under the provisions of the Law on handling of administrative violations for acts specified in Chapter II of this Decree under the function and duties within the scope and field of their management.

Article 69. Authority to impose administrative sanction of Inspector and Market Management

Inspector of Labour - Invalids and Social Affairs has the authority to sanction under the provisions of the law on handling of administrative violations for the acts specified in Section 2 of Chapter II; Inspector of Culture, Sports and Tourism has the authority to sanction under the provisions of the law on handling of administrative violations for the acts specified in Section 4 of Chapter II; the specialized inspection and market management forces have the authority to impose sanctions under the provisions of the Law on handling of administrative violations for acts specified in Article 20 of this Decree under the functions and duties within the scope and field of their management.

Article 70. Principle to determine the authority to impose sanction

1. The authority to impose sanction of administrative violation of the competent persons specified in Articles 66, 67, 68 and 69 of this Decree is the authority applied to one act of administrative violation of individuals. In case of fines, the authority to impose sanction on organizations is twice as much of that one for individuals;

2. The authority to impose sanction of administrative violation of People’s Police forces shall comply with the provisions in Article 39 of the Law on handling of administrative violation and Article 66 of this Decree under the functions and duties within the scope and field of their management.

Article 71. Authority to record the administrative violation

1. The persons having the authority to impose sanction of administrative violation are specified in Articles 66, 67, 68 and 69 of this Decree;

2. The competent persons are on duty with the assigned tasks in the field of social security, order and safety, social evil prevention, fire prevention and fighting and domestic violence prevention;

Chapter 4.

IMPLEMENTATION PROVISION

Article 72. Effect

1. This Decree takes effect on December 28, 2013;

2. The Articles 14, 15, 16, 17, 18, 19, 20, Chapter 3 of Decree No. 178/2004/ND-CP dated October 15, 2004 detailing the implementation of a number of articles of the Ordinance on prostitute prevention. Decree No. 110/2009/ND-CP dated December 10, 2009 regulating the sanction of administrative violation in the field of domestic violence prevention, Decree No. 73/2010/ND-CP dated July 12, 2010 regulating the sanction of administrative violation in the field of social security, order and safety, Decree No. 52/2012/ND-CP dated June 14, 2012 regulating the sanction of administrative violation in the field of fire prevention and fighting are expired from the effective date of this Decree.

Article 73. Transitional provision

1. For the acts of administrative violation in the field of social security, order and safety, social evil prevention, fire prevention and fighting and domestic violence prevention occurring before the effective date of this Decree but then detected or being considered and settled, the regulations beneficiary to the individuals and organization of violation shall apply;

2. For the acts of administrative violation in the field of social security, order and safety, social evil prevention, fire prevention and fighting and domestic violence prevention occurring before the effective date of this Decree but still under complaint, the provisions of previous Decrees shall apply.

Article 74. Responsibility for execution

1. The Minister of Public Security is responsible for organizing, urging, guiding and inspecting the implementation of this Decree;

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, Chairman of People's Committees of provinces and centrally run cities and organizations and individuals concerned are liable to execute this Decree.

 

 

 

FOR THE GOVERNMENT
PRIME MINISTER





Nguy
e
n Tan Dung

 

 

 


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

Thuộc tính Văn bản pháp luật 167/2013/ND-CP

Loại văn bảnNghị định
Số hiệu167/2013/ND-CP
Cơ quan ban hành
Người ký
Ngày ban hành12/11/2013
Ngày hiệu lực28/12/2013
Ngày công báo...
Số công báo
Lĩnh vựcVăn hóa - Xã hội, Vi phạm hành chính
Tình trạng hiệu lựcCòn hiệu lực
Cập nhật5 năm trước

Download Văn bản pháp luật 167/2013/ND-CP

Lược đồ Decree No. 167/2013/ND-CP sanction of administrative violation in social security order safety domestic violence


Văn bản bị sửa đổi, bổ sung

    Văn bản sửa đổi, bổ sung

      Văn bản hiện thời

      Decree No. 167/2013/ND-CP sanction of administrative violation in social security order safety domestic violence
      Loại văn bảnNghị định
      Số hiệu167/2013/ND-CP
      Cơ quan ban hànhChính phủ
      Người kýNguyễn Tấn Dũng
      Ngày ban hành12/11/2013
      Ngày hiệu lực28/12/2013
      Ngày công báo...
      Số công báo
      Lĩnh vựcVăn hóa - Xã hội, Vi phạm hành chính
      Tình trạng hiệu lựcCòn hiệu lực
      Cập nhật5 năm trước

      Văn bản thay thế

        Văn bản được dẫn chiếu

          Văn bản hướng dẫn

            Văn bản được hợp nhất

              Văn bản gốc Decree No. 167/2013/ND-CP sanction of administrative violation in social security order safety domestic violence

              Lịch sử hiệu lực Decree No. 167/2013/ND-CP sanction of administrative violation in social security order safety domestic violence

              • 12/11/2013

                Văn bản được ban hành

                Trạng thái: Chưa có hiệu lực

              • 28/12/2013

                Văn bản có hiệu lực

                Trạng thái: Có hiệu lực