Nghị định 169/2013/ND-CP

Decree No. 169/2013/ND-CP dated November 12, 2013, on sanction of administrative violation in the field of management and protection of national border

Nội dung toàn văn Decree No. 169/2013/ND-CP on sanction of administrative violation management protection national border


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.: 169/2013/ND-CP

Hanoi, November 12, 2013

 

DECREE

ON SANCTION OF ADMINISTRATIVE VIOLATION IN THE FIELD OF MANAGEMENT AND PROTECTION OF NATIONAL BORDER

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 national border dated June 17, 2003;

At the request of the Minister of Defense;

The Government issues the Decree stipulating the sanction of administrative violation in the field of management and protection of national border.

Chapter 1.

GENERAL REGULATION

Article 1. Scope

1. This Decree stipulates acts of administrative violation; forms of sanction, rate of fine; remedial measures; authority to make a written record of administrative violations; authority to sanction administrative violations in the field of management and protection of national border.

2. Administrative violations in the field of management and protection of national border includes:

a) Violation of regulations on management and protection of national borderline, national border land mark and borderline signs;

b) Violation of regulations on border passing, invasive migration, border crossing for farming, tilling of field, hunting, logging, mining and fishing and other acts causing harm to national defense, security and health of people in border area;

c) Violation of regulations on residence, traveling and operation in border areas;

d) Violation of regulations on management and protection of border works, signs and restricted areas in the border areas;

dd) Violation of regulations on building of works in the border areas;

e) Violation of regulations on people and boats in the sea border and seaport border gate area;

g) Violation of regulations on ensuring security and order at the seaport border gate;

h) Violation of regulations on entering, leaving and operation in the border gate area of ​​land.

3. Acts of administrative violation related to the field of management and protection of national border specified in Decrees stipulating the sanction of administrative violation on import and export of goods, railway transportation, security and order, social safety, publishing, map and maritime measurement, inland waterways and other areas to be sanctioned under the provisions of such Decrees.

Article 2. Remedial measures

1. Coercive restoration to the initial state.

2. Coercive dismantlement of works or part of works without permit or building inconsistently with the permit.

3. Coercive application of remedy of environmental pollution or spread of disease.

4. Coercive bringing of goods, products or means out of the Socialist Republic of Vietnam or re-export.

5. Coercive destruction of goods or products harmful to health of people, domestic animals, plants and cultural products of malicious content.

6. Coercive leaving from the border gate area of ​​land, seaport border gate area or border area

7. Coercive returning of shore pass of crew when foreign vessels are anchored at the port.

8. Revocation of border identity card, border certificate or laissez-passer for border entry and exit.

9. Coercive destruction of faked border identity card, border certificate or laissez-passer for border entry and exit or operation permit in the border gate or seaport area;

Article 3. Rate of fine imposed on organizations and individuals and authority to impose the fine

1. The maximum rate of fine imposed on the individuals in the field of management and protection of national border is 50,000,000 dong and 100,000,000 dong on individuals.

2. The maximum rate of fine imposed on administrative violations specified in Chapter II of this Decree is the rate of fine imposed on individuals. The rate of fine imposed on organization is twice as much as that imposed on individuals.

3. The authority to impose sanction of titles specified in Chapter III of this Decree is the authority to impose fine on individuals; the authority to impose fine on organizations is twice as much as that imposed on individuals.

Chapter 2.

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF SANCTION AND REMEDIAL MEASURES

Article 4. Violation of regulations on management and protection of national borderline, national border land mark and borderline signs

1. A fine of between 20,000,000 dong and 30,000,000 dong will be imposed on one of the following acts:

a) Conducting geological exploration and exploitation of natural resources, minerals resulted in change of signs of national borderline, national border land mark and border works;

b) Building irrigational works on border river or streams without permission from the competent authorities.

2. A fine of between 40,000,000 dong and 50,000,000 dong will be imposed on one of the following acts:

a) Damaging, displacing or carrying out any act to harm the national border land mark and borderline signs and signs in the border area and border works.

b) Building embankment, digging canals, dumping soil and waste into border rivers and streams resulted in changing the flow of rivers and streams border and changing the sign of national borderline.

3. Additional form of sanction

a) Confiscating the exhibit or means used to commit administrative violation for acts of violation specified in Clause 1 and 2 of this Article;

b) Depriving the right to use the permit for exploration and exploitation of natural resources and minerals from 06 months to 01 year for the acts of violation specified at Point a, Clause 1 of this Article.

4. Remedial measures

Coercive restoration to the initial state, dismantlement of works or part of works without permit or building inconsistently with the permit for acts of violation specified in Clause 1 and 2 of this Article;

Article 5. Violation of regulations on border passing, invasive migration, border crossing for farming, tilling of field, hunting, logging, mining and fishing and other acts causing harm to national defense, security and health of people in border area

1. A caution or a fine of between 300,000 dong and 500,000 dong will be imposed on one of the following acts of violation:

a) Border residents pass the border without personal papers as stipulated by law;

b) Border residents do not pass the border at proper places specified for border passing;

c) Border residents do not pass the border at proper time specified in the border identity card, border certificate or laissez-passer for border entry and exit.

d) Grazing of poultry and cattle across the border;

dd) Going beyond the prescribed limit allowed for border passing.

2. A fine of between 500,000 dong and 800,000 dong will be imposed on one of the following acts of violation:

a) Permitting other people to use the border identity card, border certificate or laissez-passer which is not theirs for border entry and exit to pass the border.

b) Using the other people’s border identity card, border certificate or laissez-passer for border entry and exit to pass the border.

3. A fine of between 1,000,000 dong and 1,500,000 dong will be imposed on the act of false declaration to be issued with the border identity card, border certificate or laissez-passer for border entry and exit to pass the border.

4. A fine of between 1,500,000 dong and 2,500,000 dong will be imposed on the acts of leading, assistance or creation of conditions for people and vehicles to pass the permissible prescribed limit.

5. A fine of between 2,500,000 dong and 4,000,000 dong will be imposed on one of the acts as follows:

a) Crossing border for farming, tilling of field, hunting, logging, mining and fishing and other illegal acts;

b) Invasive migration in border area;

c) Illegal burial or transfer of tomb or transport of remains across the border;

d) Failure to report to the Border Station or commune-level People's Committees on the purpose, time, list of people, number of vehicles, contents and range of activities in the border belt;

dd) Forging of papers of the competent state organs for operation in the border area and border belt.

6. A fine of between 6,000,000 dong and 10,000,000 dong will be imposed on the acts of illegal sale, purchase, exchange or transport across border of harmful substances or prone to cause harm to people’s health, environment, order, social order in the border area.

7. A fine of between 10,000,000 dong and 20,000,000 dong will be imposed on the acts of launching, dropping or bringing across the national border on land, in the air the flying objects or harmful objects or objects prone to cause harm to national defense and security.

8. A fine of between 20,000,000 dong and 30,000,000 dong will be imposed on the acts of installing equipment to store dangerous chemicals and building treating place of hazardous chemicals within a range of 1,000 m from the borderline.

9. Additional forms of sanction

Confiscating exhibit or means used to commit administrative violation for acts specified in Clause 3, Point a, dd, Clause 5, 6, 7, 8 of this Article;

10. Remedial measures

a) Coercive restoration to the initial state for acts of violation specified at Point b, c, Clause 5 of this Article;

b) Coercive application of measures to remedy the environmental pollution and spread of disease for acts of violation specified in Clause 6 and 7 of this Article;

c) Coercive destruction of goods and products causing harm to the health of people, domestic animals, plants and cultural products of malicious content for acts of violation specified in Clause 6 and 7 of this Article;

d) Revocation of border identity card, border certificate or laissez-passer for border entry and exit for acts of violation specified in Clause 3 of this Article;

dd) Coercive destruction of fake border identity card, border certificate or laissez-passer for border entry and exit.

Article 6. Acts of violation of regulation on residence, traveling and operation in border areas

1. A caution or a fine of between 300,000 dong and 500,000 dong will be imposed on one of the acts as follows:

a) Improper residence and traveling in the border areas;

b) Failure to declare or concealment or provision of assistance for others to illegally travel or reside in the border area;

2. A fine of between 2,000,000 dong and 3,000,000 dong will be imposed on one of the acts as follows:

a) Foreigners enter the border areas or border belt having no prescribed papers;

b) Foreigners enter the border belt without informing the border station or local authority;

c) Organizing trips for foreigners to the border areas without accompanying person or without informing the police organ or border guard of province where the trips arrive.

3. A fine of 3,000,000 and 5,000,000 dong will be imposed on the act of organizing trips for foreigners to the border areas without permit or with refusal of permit from the competent police organ.

4. A fine of between 10,000,000 dong and 15,000,000 dong will be imposed on the acts of organizing places of market, business, parking for vehicles, establishment of tourist sites and other illegal activities in the area of border belt without permission from the competent authorities.

5. Additional form of sanction

Depriving the right to use the building permit from 06 months to 01 year for the acts of violation specified in Clause 4 of this Article.

6. Biện pháp khắc phục hậu quả Remedial measures

a) Coercive restoration to the initial state, dismantlement of works or part of works without permit or building inconsistently with the permit for the acts of violation specified in Clause 4 of this Article;

b) Coercive leaving from the border area for the acts of violation specified at Point a, Clause 1, Point a, Point c, Clause 2 and 3 of this Article.

Article 7. Acts of violation of regulations on management and protection of border works, signs and restricted area in the border area

1. A caution or a fine of between 300,000 dong and 500,000 dong will be imposed on the acts of additional drawing, writing or erasing of words on signs such as “ border area”, “border belt”, “restricted area”, “ border gate area” and other signs in the border area.

2. A fine of between 1,500,000 and 2,000,000 dong will be imposed on the acts of entry, exit, traveling, control of vehicles and improper implementation of activities in the restricted area or area with restricted activities in the border area.

3. A fine of between 2,000,000 and 3,000,000 dong will be imposed on the acts of filming, photographing, measuring, drawing landscape, recorded by electronic devices, receiving and transmitting radio transceiver in areas within the range of restricted area located in the border area without the permission of the competent authority.

4. A fine of between 3,000,000 and 5,000,000 dong will be imposed on one of the following acts:

a) Chopping, destroying or burning tree for reclamation; illegally shooting in border belt; shooting across the border;

b) Damaging, displacing or dismantling signs such as “border area”, “border belt”, “restricted area”, “border gate area” and other signs in the border area.

5. A fine of between 8,000,000 and 12,000,000 dong will be imposed on the acts of breaking, dismantling or damaging the structure or equipment of border works.

6. Additional form of sanction:

Confiscating exhibit or means used to commit the administrative violation for the acts specified in Clause 3, 4 and 5 of this Article;

7. Remedial measures:

Coercive restoration to the initial state for the acts specified in Clause 1, Point b, Clause 4 and 5 of this Article.

Article 8. Acts of violation of regulations on building of works in the border area

1. A fine of between 10,000,000 and 15,000,000 dong will be imposed on the acts of building works of traffic, tourism, irrigation, hydropower, enterprises, farms, afforestation yard, farmstead, port works, joint economic zones with foreign countries, exploration and exploitation of natural resources and other construction projects in border areas but the investor does not notify the local authorities or border station.

2. A fine of between 30,000,000 and 40,000,000 dong will be imposed on the acts specified in Clause 1 of this Article for not having permission of the competent authority.

3. A fine of between 40,000,000 and 50,000,000 dong will be imposed on the acts specified in Clause 1 of this Article for improper location or change of signs of national borderline, damage of national border land mark or border works.

4. Additional form of sanction

Confiscating exhibit or means used to commit administrative violation for acts of violation specified in Clause 2 of this Article.

5. Remedial measures

Coercive restoration to the initial state, dismantlement of works or part of works without permit or building inconsistently with the permit for the acts of violation specified in Clause 2 and 3 of this Article;

Article 9. Acts of violation of regulation on people and vessels in the area of sea border and seaport border gate area

1. A fine of between 500,000 and 1,000,000 dong will be imposed on the acts of failing to make a list of foreigners who join the trip to the sea border area or seaport border gate and notify it to the competent authority, border station, border guard of seaport border gate.

2. A fine of between 1,000,000 and 2,000,000 dong will be imposed on one of the following acts:

a) Filming, photographing, measuring, drawing landscape, recorded by electronic devices, receiving and transmitting radio transceiver in areas with restricted signs located the sea border area or seaport border gate area without the permission of the competent authority;

b) Loading and unloading passengers and goods from boats in the area of seaport border gate without permission from the competent person or authority.

3. A fine of between 2,000,000 dong and 3,000,000 dong will be imposed on foreigners entering the sea border area or seaport border gate area (except tourist sites and services) to work or operate at the seaport border gate without permit issued by the competent police authority.

4. A fine of between 4,000,000 dong and 5,000,000 dong will be imposed on the acts of using vehicle to draw alongside foreign vessels in internal waters or territorial waters without permission from the competent authority.

5. A fine of between 10,000,000 dong and 20,000,000 dong will be imposed on one of the following acts:

a) Failure to abide by the inspection and monitoring of border guard over the vessels in cases prescribed by law;

b) Military exercises, search and rescue exercise, live ammunition or use of explosive materials in the sea border area without any plan approved by the competent authority or without notification to the organization and individual concerned as well as provincial People’s Committee or border guard under regulations;

c) Implementation of exploration and exploitation of aquatic products, scientific research or exploitation of natural resources in the sea border area with permission from the governing Ministry or sector but without notification to the  provincial People’s Committee or border guard;

d) Organization, leading or transportation of people illegally entering or exiting by ship.

6. A fine of between 20,000,000 dong and 30,000,000 dong will be imposed on captain, controller or person in charge foreign vessels operating in the sea border area without complete papers as prescribed by law.

7. Additional form of sanction

Confiscating exhibit or means used to commit administrative violation for acts of violation specified in Clause 1 and 2 of this Article;

8. Remedial measures

Coercive exit out of border area or seaport border gate area for the acts of violation specified in Clause 1 and 3 of this Article;

Article 10. Acts of violation of regulations on security and order assurance at the seaport border gate

1. A caution or a fine of between 300,000 dong and 500,000 dong will be imposed on one of the following acts:

a) Use of expired permit;

b) Failure to register or introduce shore pass or boarding pass to the competent authority before going ashore or on board;

c) Failure to comply with regulations on time, scope and licensed operation contents.

2. A fine of between 500,000 dong and 1,000,000 dong will be imposed on foreigners having acts of going ashore from foreign vessel and going on board of foreign vessel without prescribed permits.

3. A fine of between 1,000,000 dong and 2,000,000 dong will be imposed on one of the following acts:

a) Allowing other people to use shore pass or boarding pass which is not theirs;

b) Using the others’ shore pass or boarding pass.

c) Declaring improper position, a number of crew, personnel and passengers on boat in accordance with the registered list;

d) Failing to notify the border guard of seaport of information on boat, goods, list of crew or passengers (if any), estimated time of arrival and departure upon conducting traveling business or maritime agent or performing procedures for boats;

dd) Returning to boat without permission from the border guard of seaport border gate upon completion of procedures for entry into Vietnam for exit by other means;

e) Coming back to inland but failing to go through entry procedures upon completion of exit procedures.

4. A fine of between 3,000,000 dong and 3,000,000 dong will be imposed on one of the following acts:

a) Leaving boat or dealing with individuals or organizations which are not Vietnamese pilots, public workers or maritime agent workers upon incompletion or completion of exit procedures;

b) Having no visa issued by Vietnamese competent authorities upon transit with boat into the inland or exit through other border gates;

5. A fine of between 3,000,000 dong and 5,000,000 dong will be imposed on the acts of forging types of permit used in the area of sea border or area of seaport border gate.

6. A fine of between 5,000,000 dong and 10,000,000 dong will be imposed on the captain, controller of vehicle or person in charge of boat upon having one of the following acts:

a) Loading and unloading goods upon having no certification of completion of procedures for entry, transit or turnaround from the border guard;

b) Arbitrarily leaving port upon the change of crew after certification of completion of border procedures from the competent authority;

c) Failing to re-submit paper dossier to the seaport border guard after completion of electronic border procedures;

d) Failing to completely or correctly declare information as prescribed by law on electronic border procedures of seaport.

dd) Anchored in port waters over 24 hours without permission from the competent authority upon completion of exit procedures;

e) Having no declaration of dangerous goods, weapons, explosive materials; declaration of stowaways (if any);

g) Failing to keep the sealing state of goods and border dossier as prescribed by law upon transit or turnaround of boat;

h) Failing to apply necessary preventive measures and inform the border station of seaport border or a specialized state organ upon detecting stowaways.

7. Additional form of sanction

a) Confiscating exhibit of administrative violation for the acts specified in Clause 5 of this Article.

b) Depriving the right to use shore pass or boarding pass from 01 to 03 months for the acts specified at Point a, Clause 3 of this Article.

8. Remedial measures

a) Coercive return of shore pass for the acts specified at Point c, Clause 1 of this Article;

b) Coercive destruction of fake permit used in the sea border area or seaport border gate area as specified in Clause 5 of this Article.

Article 11. Acts of violation of regulations on entry, exit or operation in the border gate area of ​​land

1. A fine of between 500,000 dong and 1,000,000 dong will be imposed on one of the following acts:

a) Staying or traveling improperly within the border gate area of ​​land;

b) Failing to register or inform the competent authority upon carrying out activities in the border gate area of ​​land.

2. A fine of between 1,000,000 dong and 2,000,000 dong will be imposed on one of the following acts:

a) Entering, exiting or operating in the border gate area of ​​land without people and vehicle papers under regulations of law.

b) Controlling the vehicles exceeding the permitted limit within the border gate area of ​​land; using vehicles to transport passengers, load or unload goods within the border gate area of ​​land at improper place or not following instruction of responsible person.

c) Transporting, loading or unloading within the border gate area of ​​land at improper place.

d) Erasing and modifying the operation permit at the border gate area of ​​land;

dd) Permitting other people to use the operation permit which is not theirs at the border gate area of ​​land;

e) Using the other’s permit to operate at the border gate area of ​​land.

3. A fine of between 2,000,000 dong and 3,000,000 dong will be imposed on the acts of having no permit or using expired permit to operate at the border gate area of ​​land.

4. A fine of between 3,000,000 dong and 5,000,000 dong will be imposed on the acts of business without permit within the border gate area of ​​land.

5. Additional form of sanction

a) Depriving the right to use the operation permit at the border gate area of ​​land from 03 to 06 months for the acts of violation specified at Point dd, Clause 2 of this Article;

b) Depriving the right to use the operation permit at the border gate area of ​​land from 03 to 06 months for the acts of violation specified at Point d and e, Clause 2 and 3 of this Article;

6. Remedial measures

Coercive leaving from the border gate area of ​​land for the acts of violation specified at Point a, Clause 1; Point a and e, Clause 2 of this Article.

Article 12. Acts of administrative violation in the field of maritime transport occurring in area of sea border or seaport

For the acts of violation of regulations on ensuring the safety, security and order in operation of seaport, ensuring maritime safety, procedures for entry or leaving from seaport or transit; safety, security and order for activities related to boats, life safety on boats; anchorage, berthing and towing of boat in the seaport waters or sea border area, the sanction will be applied under the provisions of Decree No. 93/2013/ND-CP dated August 20, 2013 of the Government stipulating the sanction of administrative violation in the field of maritime transportation and inland waterway.

Chapter 3.

AUTHORITY TO SANCTION ADMINISTRATIVE VIOLATION

Article 13. Authority to sanction of border guard

1. The border guard on duty has the right to:

a) Impose a caution;

b) Impose a fine up to 500,000 dong;

2. The team leader of people specified in Clause 1 of this Article or the head of border control station has a right to:

a) Impose a caution;

b) Impose a fine up to 2,500,000 dong;

3. Head of border station, head of border maritime team, commander of border sub-region or border commander of seaport border gate has the right to:

a) Impose a caution;

b) Impose a fine up to 25,000,000 dong;

c) Confiscate exhibit or means used to commit administrative violation with value not exceeding the rate of fine specified at Point b of this Clause;

d) Coercively carry out the restoration to the initial state;

dd) Coercive take remedial measure of environmental pollution and spread of disease;

e) Coercively destroy goods or products causing harm to the health of people, domestic animals, plants, environment and cultural products of malicious content.

g) Coercively require the leaving from the border gate area of ​​land, area of border or seaport border gate;

h) Coercive return the shore pass of crew, personnel and passengers when foreign vessels are anchored at the port.

i) Revoke the border identity card, border certificate or laissez-passer for border entry and exit.

k) Coercively destroy the faked border identity card, border certificate or laissez-passer for border entry and exit or operation permit in the border gate or seaport area;

4. Commander of provincial body guard, commander of border squadron directly under the Command of border guard has the right to:

a) Impose a caution;

b) Impose a fine up to 50,000,000 dong;

c) Deprive the right to use the permit or practice certificate or suspend the operation with a definite time;

d) Confiscate exhibit or means used to commit administrative violation with value not exceeding the rate of fine specified at Point b of this Clause;

dd) Coercively carry out the restoration to the initial state;

e) Coercive take remedial measure of environmental pollution and spread of disease;

g) Coercively destroy goods or products causing harm to the health of people, domestic animals, plants, environment and cultural products of malicious content.

h) Coercively require the leaving from the border gate area of ​​land, area of border or seaport border gate;

i) Coercive return the shore pass of crew, personnel and passengers when foreign vessels are anchored at the port.

k) Revoke the border identity card, border certificate or laissez-passer for border entry and exit.

l) Coercively destroy the faked border identity card, border certificate or laissez-passer for border entry and exit or operation permit in the border gate or seaport area;

Article 14. Authority to sanction of Chairman of People’s Committee at all levels where there is border

1. Chairman of People’s Committee at all levels has a right to:

a) Impose a caution;

b) Impose a fine up to 5,000,000 dong;

c) Confiscate the exhibit or means used to commit the administrative violation with value not exceeding the rate of fine specified at Point b of this Clause;

d) Coercively carry out the restoration to the initial state;

dd) Coercively dismantle works or part of constructional works without permit or building inconsistently with the permit.

e) Coercively implement the remedial measures of environmental pollution or spread of disease;

g) Coercively destroy goods or products causing harm to the health of people, domestic animals, plants, environment and cultural products of malicious content.

2. Chairman of district People’s Committee has a right to:

a) Impose a caution;

b) Impose a fine up to 25,000,000 dong;

c) Deprive the right to use the permit or practice certificate or suspend the operation with a definite time;

d) Confiscate exhibit or means used to commit administrative violation with value not exceeding the rate of fine specified at Point b of this Clause;

dd) Coercively carry out the restoration to the initial state;

e) Coercively dismantle works or part of constructional works without permit or building inconsistently with the permit.

g) Coercively implement the remedial measures of environmental pollution or spread of disease;

h) Coercively destroy goods or products causing harm to the health of people, domestic animals, plants, environment and cultural products of malicious content.

i) Coercively leave the area of border gate or border area.

3. Chairman of provincial People’s Committee has a right to:

a) Impose a caution;

b) Impose a fine up to 50,000,000 dong;

c) Deprive the right to use the permit or practice certificate or suspend the operation with a definite time;

d) Confiscate the exhibit or means used to commit administrative violation

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

e) Coercively leave the area of border gate or border area.

Article 15. Authority to sanction of people’s police

The people’s police has an authority to sanction the acts specified in Clause 1 of Article 4; Clause 2, 3, 6, 7 of Article 5 and 6; Clause 1, 2 of Article 8; Clause 4, Point d, Clause 5 of Article 9; Clause 4 and 5 of Article 10 and 11, Chapter II of this Decree as follows:

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

a) Impose a caution;

b) Impose a fine up to 500,000 dong;

2. Head of station or team leader of the people specified in Clause 1 of this Article has the right to

a) Impose a caution;

b) Impose a fine up to 1,500,000 dong.

3. Head of provincial police, head of police station or head of police station of border gate or export processing zone has the right to:

a) Impose a caution;

b) Impose a fine up to 2,500,000 dong;

c) Confiscate exhibit or means used to commit administrative violation with value not exceeding the rate of fine specified at Point b of this Clause;

d) Apply the remedial measures specified in Chapter II of this Decree.

4. The Head of district police has the right to:

a) Impose a caution;

b) Impose a fine up to 10,000,000 dong;

c) Deprive the right to use the permit or practice certificate or suspend the operation with a definite time;

d) Confiscate exhibit or means used to commit administrative violation with value not exceeding the rate of fine specified at Point b of this Clause;

dd) Apply the remedial measures specified in Chapter II of this Decree.

5. The Director of provincial police has the right to:

a) Impose a caution;

b) Impose a fine up to 50,000,000 dong;

c) Deprive the right to use the permit or practice certificate or suspend the operation with a definite time;

d) Confiscate exhibit or means used to commit administrative violation with value not exceeding the rate of fine specified at Point b of this Clause;

dd) Apply the remedial measures specified in Chapter II of this Decree.

Article 16. Authority to sanction of coast guard

The coast guard has the authority to sanction the acts of violation specified in Article 9 and 12, Chapter II of this Decree as follows:

1. The coast guard officer on duty has the right to:

a) Impose a caution;

b) Impose a fine up to 1,000,000 dong;

2. The Head of professional team of coast guard has the right to:

a) Impose a caution;

b) Impose a fine up to 2,500,000 dong;

3. The Head of professional team of coast guard or head of coast guard station has the right to:

a) Impose a caution;

b) Impose a fine up to 5,000,000 dong;

c) Apply the remedial measures specified in Chapter II of this Decree.

4. The Head of coast guard team has the right to:

a) Impose a caution;

b) Impose a fine up to 10,000,000 dong;

c) Confiscate exhibit or means used to commit administrative violation with value not exceeding the rate of fine specified at Point b of this Clause;

d) Apply the remedial measures specified in Chapter II of this Decree.

5. The Head of coast guard squadron has the right to:

a) Impose a caution;

b) Impose a fine up to 15,000,000 dong;

c) Confiscate exhibit or means used to commit administrative violation with value not exceeding the rate of fine specified at Point b of this Clause;

d) Apply the remedial measures specified in Chapter II of this Decree.

6. Commander of Coast Guard Region has the right to:

a) Impose a caution;

b) Impose a fine up to 25,000,000 dong;

c) Confiscate exhibit or means used to commit administrative violation with value not exceeding the rate of fine specified at Point b of this Clause;

d) Apply the remedial measures specified in Chapter II of this Decree.

7. The Director of Coast Guard Department has the right to:

a) Impose a caution;

b) Impose a fine up to 50,000,000 dong;

c) Confiscate exhibit or means used to commit administrative violation with value not exceeding the rate of fine specified at Point b of this Clause;

d) Apply the remedial measures specified in Chapter II of this Decree.

Article 17. Authority to sanction of market Management

The market Management has the right to sanction the acts of violation specified in Clause 6 of Article 5; Clause 4 of Article 6; Point b, Clause 2 of Article 9; Point c, Clause 2, Article 11, Chapter II of this Decree as follows:

1. The market controller on duty has the right to:

a) Impose a caution;

b) Impose a fine up to 500,000 dong;

2. The head of market management team has the right to:

a) Impose a caution;

b) Impose a fine up to 25,000,000 dong;

c) Confiscate exhibit or means used to commit administrative violation with value not exceeding the rate of fine specified at Point b of this Clause;

d) Apply the remedial measures specified in Article 5, 6, 9 and 11, Chapter II of this Decree.

3. The head of market management sub-department under the Department of Industry and Trade, head of smuggling prevention division, head of fake goods prevention division or head of goods quality control division under the market management Department has the right to:

a) Impose a caution;

b) Impose a fine up to 50,000,000 dong;

c) Confiscate exhibit or means used to commit administrative violation with value not exceeding the rate of fine specified at Point b of this Clause;

d) Deprive the right to use the permit or practice certificate with a definite time;

dd)  Apply the remedial measures specified in Article 5, 6, 9 and 11, Chapter II of this Decree.

Article 18. Authority to sanction of the Customs

The customs has the right to sanctions the acts of violation specified in Clause 6, Article 5; Point b, Clause 2 of Article 9; Point a, e and g, Clause 6 of Article 10; Point c, Clause 2, Article 11, Chapter II of this Decree as follows:

1. The customs official on duty has the right to:

a) Impose a caution;

b) Impose a fine up to 500,000 dong;

2. The head of customs sub-department or head of customs post-clearance audit sub-department has the right to:

a) Impose a caution;

b) Impose a fine up to 5,000,000 dong;

3. Head of customs sub-department, head of customs post-clearance audit sub-department, head of control team of customs department of province, inter province or centrally-run city, head of smuggling prevention control team, head of customs procedures team, head of coat control team and head of team of control and protection of intellectual property under the smuggling prevention investigation Department  - General Department of Customs have the right to:

a) Impose a caution;

b) Impose a fine up to 25,000,000 dong;

c) Confiscate exhibit or means used to commit administrative violation with value not exceeding the rate of fine specified at Point b of this Clause;

d) Deprive the right to use the permit or practice certificate with a definite time;

dd) Apply the remedial measures specified in Article 5, 9, 10 and 11, Chapter II of this Decree.

Article 19. Authority to sanction of port authority

The port authority has the authority to sanction the acts of violation specified in Article 10, Chapter II of this Decree as follows:

1. Representative head of port authority representative has the right to:

a) Impose a caution;

b) Impose a fine up to 10,000,000 dong;

c) Confiscate exhibit or means used to commit administrative violation with value not exceeding the rate of fine specified at Point b of this Clause;

2. The Director of port authority has the right to:

a) Impose a caution;

b) Impose a fine up to 25,000,000 dong;

c) Deprive the right to use the permit or practice certificate or suspend the operation with a definite time;

d) Confiscate the exhibit or means used to commit the administrative violation with value not exceeding the rate of fine specified at Point b of this Clause;

dd) Apply the remedial measures specified in Article 10, Chapter II of this Decree.

Article 20. Authority to sanction of inland waterway port authority

The inland water port authority has the authority to sanction the acts of violation specified in Article 9, Chapter II of this Decree as follows:

1. The representative head of inland waterway port authority has the right to:

a) Impose a caution;

b) Impose a fine up to 10,000,000 dong;

c) Confiscate the exhibit or means used to commit the administrative violation with value not exceeding the rate of fine specified at Point b of this Clause;

2. The Director of inland water port authority under the Vietnam inland waterway administration has the right to:

a) Impose a caution;

b) Impose a fine up to 25,000,000 dong;

c) Deprive the right to use the permit or practice certificate or suspend the operation with a definite time;

d) Confiscate exhibit or means used to commit administrative violation with value not exceeding the rate of fine specified at Point b of this Clause;

dd) Apply the remedial measures specified in Article 9, Chapter II of this Decree.

Article 21. Authority to make a written record of administrative violation

1. When on duty, the people having the authority to sanction the administrative violation specified in Article 13, Article 14, Article 15, Article 16, Article 17, Article 18, Article 19 and Article 20 have the authority to make a written record of administrative violation in the field of management and protection of national border.

2. Officers and soldiers of the Border Guard units stationing in border areas and islands are entitled to make a written record of administrative violations in the field of management and protection of national border and the record must be transferred to the person having the authority to sanction to carry out the sanction under regulations of law.

Chapter 4.

IMPLEMENTATION PROVISION

Article 22. Effect

1. This Decree takes effect from January 01, 2014.

2. This Decree supersedes the Decree No. 129/2006/ND-CP dated October 31, 2006 of the Government stipulating the sanction of administrative violation in the field of management and protection of national border.

Article 23. Transitional provision

1. For the acts of administrative violation in field of management and protection of national border occurring before the effective date of this Decree but detected after that or under consideration or settlement, if the provisions on sanctioning the administrative violation benefit the individuals and organizations that commit the administrative violation, the provisions of this Decree will be applied.

2. For the decision on sanction of administrative violation issued or executed before the effective time of the Law on handling of administrative violation and this Decree but the individuals and organizations that have been sanctioned still lodge a complaint, the provisions of the Ordinance on handling of administrative violation and Decree No. 129/2006/ND-CP dated October 31, 2006 of the Government stipulating the sanction of administrative violation in management and protection of national border will be applied for settlement.

Article 24. Effect

1. The Minister of Defense is responsible for providing guidance and inspecting the implementation of this Decree.

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

 

 

ON BEHALF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

 


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              Decree No. 169/2013/ND-CP on sanction of administrative violation management protection national border
              Loại văn bảnNghị định
              Số hiệu169/2013/ND-CP
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