Nghị định 49-CP

Decree No. 49-CP of August 15 ,1996, of the Government on sanctions against administrative violations in the domain of security and order

Nội dung toàn văn Decree No. 49-CP of August 15 ,1996, of the Government on sanctions against administrative violations in the domain of security and order


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 49-CP

Hanoi ,August 15 ,1996

 

DECREE

ON SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS IN THE DOMAIN OF SECURITY AND ORDER

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Ordinance on the Handling of Administrative Violations of July 6, 1995;
In order to ensure uniformity in the sanctioning of administrative violations in the domain of security and order;
At the proposal of the Minister of the Interior,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- All individuals and organizations committing administrative violations in the domain of security and order shall be sanctioned according to this Decree.

Article 2.- The use of measures to prevent and handle administrative violations in the domain of security and order shall comply with the principles, process, procedures and competences defined in the Ordinance on the handling of administrative violations and this Decree.

Article 3.- An act of administrative violation shall be sanctioned only once. If an individual or organization commits many acts of administrative violation, the competent person shall decide the form of sanction against each of these acts; if all the sanctions are fines, the overall sanction is the sum of all the fines.

Article 4.- A foreign individual or organization that commits an act of administrative violation in the domain of security and order within the territory, the exclusive economic zone and the continental shelf of the Socialist Republic of Vietnam shall be sanctioned according to this Decree unless otherwise provided for in the international conventions which Vietnam has signed or acceded to.

Chapter II

ACTS OF ADMINISTRATIVE VIOLATION IN THE DOMAIN OF SECURITY AND ORDER AND THE FORMS OF SANCTION

Article 5.- Violations of public order:

1. A fine of 50,000 to 200,000 VND for one of the following acts :

a/ Fighting or instigating others to fight;

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

c/ Flying kites or balloons, directing remote control toy planes or other flying objects in the airport area, or the protection corridor of electricity transmission lines;

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

e/ Causing disturbances in an agency, enterprise or the office of a social organization, a population center or another public place;

f/ Causing disturbances at the theaters, movie houses, cultural houses, clubs, places for art performances or the organization of physical culture and sport activities, at the railway stations, ports, bus stations or on the means of communication and transport in city streets and other public places, or in the border gate or port areas.

2. A fine of 200,000 to 1,000,000 VND for one of the following acts:

a/ Obstructing the work or failing to comply with the request of the persons on duty, or using abusing words or acts that hurt the honor of the persons on duty;

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

c/ Causing public disorder at the court, the place of verdict enforcement, or any other acts which obstructs the trying activities or the execution of the verdicts.

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

a/ Disturbing public order while carrying rudimentary weapons like knives, bayonets, scimitars, chains, cudgels, sticks...

b/ Using any tricks to create such a circumstance as to force another person to hand in money or property;

c/ Threatening or using force against the persons on duty but not seriously enough to be examined for penal liability.

4. For violations mentioned in Points b and c Item 1, or Point a Item 3, the evidences and means of violation shall be confiscated; for violations of Points a, b and e Item 1, Point c Item 2, Points b and c Item 3, the offenders shall have to pay compensation if they cause injuries to the health or damage of property.

Article 6.- Acts of disturbing the common tranquility:

A fine of 100,000 to 500,000 VND for one of the following acts:

a/ Causing a big noise or a din or uproar during the night time rest of the people from 22hrs to 5 am;

b/ Failing to comply with the regulations on the tranquility of hospitals, sanatoria or schools and other places;

c/ Using loudspeakers, gongs, drums, whistles, bugle or gathering in large numbers at a public place for a promotion activity without permission of the competent agencies.

Article 7.- Acts which affect the common sanitation:

1. To serve a warning or to hand a fine of 20,000 to 100,000 VND for one of the following acts:

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

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

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

d/ Urinating or defecating in the streets and other public passages;

e/ Letting domestic and other animals urinate or defecate at public places thus affecting sanitation at these places.

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

a/ Throwing garbage or any other things into sewage collecting holes or the public drainage system;

b/ Letting buffaloes, oxen, horses, dogs or other animals range freely in the city, on highways and at public places;

c/ Building latrines at variance with regulations thus affecting public saniatation;

d/ Collecting or transporting night-soil in the towns and cities from 6 hrs to 22 hrs or to let it drop on the ground, thus affecting sanitation;

e/ Letting domestic animals cause injuries to other persons.

3. A fine of 300,000 to 1,000,000 VND for one of the following acts:

a/ Burying a person who dies of epidemics, exhuming a grave and moving the remains of the dead at variance with the prescriptions thus affecting public sanitation;

b/ Selling diseased animals or their meat.

4. For violations of Point c Item 2, the offender is obliged to overcome the unsanitary state, dismantle the latrine; for violations of Point b Item 3, the offender is obliged to destroy the diseased animal and its meat.

Article 8.- Violations of the regulations on civilized lifestyle:

1. Warning or a fine of 20,000 to 100,000 VND for one of the following acts:

a/ Wearing undergarments at places of gathering, working places in State offices or offices of economic and social organizations;

b/ Entering without tickets places where tickets are required;

c/ Violating the protection rules of offices, enterprises or other public places;

d/ Using rude, obscene and other uncultured language or gestures at public places;

e/ Smoking at places where the "no smoking" notice has been put up;

f/ Smearing the offices of the agencies, organizations, schools, hospitals, signboards, advertisement billboards, panels, posters; damaging the flowers, trees, meadows at the public parks, garden flowers and other public cultural centers.

2. A fine of 200,000 to 1,000,000 VND for one of the following acts:

a/ Misusing the superstition of others to make illicit profit or to damage their health, honor and dignity;

b/ Organizing without permission festivals or other cultural and artistic activities or physical culture and sport activities which must be permitted by law.

3. For violations of Point g Item 1, the offender is obliged to restore the state that has been altered. For violations of Point a Item 2, the offender may have the evidences and means of violation confiscated.

Article 9- Violations of the regulations on the management of permanent residence and household registration:

1. Warning or a fine of 20,000 to 100,000 VND for one of the following acts:

a/ Failing to comply with or comply not fully or not in time with the regulations on registration of permanent residence when changing the place of residence;

b/ Failing to comply with the regulations on the changes in the number of persons in the family such as: newborns, deaths or missing;

c/ Failing to comply with the regulations on the declaration of temporary stay or absence or other changes concerning residence and household registration.

2. A fine of 100,000 to 500,000 VND for one of the following acts:

a/ Making erasions or corrections to the household register or altering one of the contents of the household register;

b/ Using the household register to carry out unlawful acts.

3. A fine of 500,000 to 2,000,000 VND for one of the following acts:

a/ Making a false declaration or faking a dossier in order to be registered in a household register;

b/ Faking a household register;

c/ Letting a house to a foreigner for use as dwelling or working place without declaring to the Public Security service or without a certificate of security and order.

4. The violator of Point a Item 3 shall have to annul the result of the household registration if he/she has registered in the household register. If he/she violates Point b Item 3 he/she shall have the evidences of violation confiscated.

Article 10.- Violations of the regulations on the issue, management and use of the peoples identity card, certificate of armyman or defense worker (collectively referred to as identity card) and other traveling documents :

1. Warning or a fine of 20,000 to 100,000 VND for one of the following acts:

a/ Failing to carry the identity card when traveling; failing to produce the identity card when requested by the control officer;

b/ Entering without permit or with an invalidated permit an area where an entry permit is required;

c/ Failing to fill the procedure for an identity card after being notified of the time and place of the issue of identity cards;

d/ Failing to observe strictly the regulations on the remittance, re-issue or change of identity cards.

2. A fine of 100,000 to 500,000 VND for one of the following acts:

a/ Making erasions or corrections to the identity card or other traveling documents;

b/ Hiring, borrowing, leasing or lending ones identity card and other traveling documents for the performance of law-breaking acts;

c/ Deliberately abandoning the identity card after being checked and taken into temporary custody.

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

a/ Making a false declaration or faking a dossier in order to be issued an identity card or other traveling permits;

b/ Faking the identity card or other traveling permits.

4. The violator of Point a Item 2 and Points a and b Item 3 shall have his/her identity card or traveling permit confiscated.

Article 11.- Violations of the regulations on the management of the use of weapons, explosives, support devices and of the regulations on firecrackers and dangerous toys:

1. A fine of 50,000 to 200,000 VND for one of the following acts:

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

b/ Using weapons, explosives or support devices without permit or permits which are no longer valid;

c/ Failing to carry out or to carry out not in time and not fully the regulations on periodical control of weapons and support devices and the extension of permits for weapons and support devices;

d/ Violating the regime of maintenance of weapons, explosives and support devices;

e/ Handing weapons, support devices or explosives to persons who have no conditions or criteria to use them;

f/ Failing to hand over weapons, support devices or explosives as prescribed;

g/ Using banned kinds of toys;

h/ Exploding firecrackers or using any other devices in replacement of firecrackers.

2. A fine of 200,000 to 1,000,000 VND for one of the following acts:

a/ Borrowing or lending weapons, support devices or use permits;

b/ Correcting, erasing or losing use permits and transport permits of weapons, support devices or explosives;

c/ Using weapons and explosives to cause an explosion contrarily to prescriptions;

d/ Using weapons, support devices and explosives for hunting and fishing;

e/ Using firearms, bows, crossbows or other means for hunting in the cities, towns and other crowded places;

f/ Losing weapons, support devices or explosives.

3.A fine of 1,000,000 to 5,000,000 VND for one of the following acts:

a/ Buying, selling or transporting rudimentary weapons or support devices in small quantities without permit or with an invalidated permit;

b/ To conduct business in various kinds of waste material or substandard goods mixed with weapons, explosives or suppot devices;

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

d/ Sawing or dismantling bombs, mines, shells, hand-grenades or torpedoes for illegal extraction of gunpowder;

e/ Producing, stocking, trading in or transporting firecrackers, firecracker powder and dangerous toys which, however, is not serious enough to be examined for penal liability.

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

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

b/ Illegally trading in or transporting rudimentary weapons and support devices in large quantities;

c/ Transporting military weapons, sport weapons and explosives without permit or without complying with the prescriptions in the permit or with invalidated permits.

5. A fine of 10,000,000 to 50,000,000 VND for one of the following acts:

a/ Illegal manufacturing or designing of military weapons or sport or hunting rifles;

b/ Illegally taking in and out of Vietnamese territory military weapons, sport weapons and hunting rifles, different kinds of firecrackers or dangerous toys which, however, is not serious enough to be examined for penal liability.

6. Violations of Points b, e, g, h, and i Item 1; Point c, d and e Item 2; Points a, d and e of Item 3, Item 4 and Item 5 may lead to the confiscation of the evidences and means of violation. Violations of Points a and b Item 2; Points b and c Item 3 may lead to the stripping of the right to use permits. Violations of Points d and e Item 2 are liable to forcible compensation for damage.

Article 12.- Violations of the regulations on the management of the special businesses:

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

a/ Conducting business not in comformity with the contents and places prescribed in the operating permits for special businesses;

b/ Printing and copying documents without permit or in excess of the permitted quantities (concerning music tapes and discs, video tapes, films, pictures, photos, books, newspapers and calendars, sanctions shall be handed according to Decree No.88-CP of December 14, 1995).

2. A fine of 5,000,000 to 20,000,000 VND for one of the following acts:

a/ Conducting a special business without a certificate of qualification in the domain of security and order;

b/ Using the establishment of the special business to conduct unlawful activities, or creating conditions for others to use the establishment in order to conduct law-breaking activities.

3. Violations of Points a and b Item 1, Points a and b Item 2 shall lead to the stripping of the right to use the permit; violations of Point b Item 1 may lead to the confiscation of evidences and means of violation.

Article 13.- Violations of the regulations on the management and use of seals.

A fine of 100,000 to 500,000 VND for one of the following acts:

a/ Using a seal which has not been registered for the model or which has not been granted a certificate of registration;

b/ Taking the seal out of the agency or unit without authorization of the competent person;

c/ Losing the seal in use;

d/ Remitting the seal in arrears with the prescribed time after a decision has been issued by the competent agency to retrieve the seal.

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

a/ An individual or organization that has a seal made before filling all the procedures prescribed for seal making or having got a permit from the competent Public Security service;

b/ Making a seal for an individual or an organization without a permit of the Public Security service for seal making;

c/ Bringing in a seal from abroad for use on Vietnamese territory without permission of the competent agency or without registering as prescribed;

d/ Failing to remit the seal after a decision has been issued by a competent authority to retrieve the seal;

e/ Affixing the seal to a document or paper without any contents or to documents which are not yet signed by the competent person.

3. A fine of 2,000,000 to 5,000,000 VND for an act of using seals of foreign countries in Vietnam without permission or before registering with the competent agency.

4. A violation of Item 2 and Item 3 may lead to the confiscation of the seal. A violation of Points a and b Item 2 may lead to the stripping of the right to use the permit.

Article 14.- Violations of the regulations on criminal proceedings, administrative proceedings, the execution of verdicts or the decisions of handling administrative violations:

1. A fine of 100,000 to 500,000 VND for a violation of the regulations on re-education at the commune, ward or township or on administrative forcible residence.

2. A fine of 500,000 to 2,000,000 VND for one of the following acts:

a/ Violation of the regulations on the use of preventive measures such as: arrest, temporary custody, temporary detention, bail, ban from leaving the place of residence, pledging money or valued property to stand security for an offender;

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

c/ Violating the rules and regimes in the execution of criminal verdicts such as: suspended sentences, house arrest, ban on residence, forcible residence, reformation without detention, serving prison sentences, refusing to carry out or obstructing the carrying out of civil, administrative and labor verdicts.

Article 15.- Violations of the regulations on the prevention and fight against fires:

1. A fine of 200,000 to 1,000,000 VND for one of the following acts:

a/ Failing to carry out or carrying out inadequately the regulations on the prevention and fight against fires;

b/ Failing to procure or inadequately procure oneself with equipments; failing to correctly observe the regulations on the maintenance and repair of equipments and tools for the prevention and fight against fires;

c/ Failing to remedy on schedule the weaknesses and inadequacies in the prevention and fight against fires in spite of the relevant request of the responsible agency;

d/ Failing to organize the on-the-spot fire fighting force; failing to work out an internal rule on the prevention and fight against fires, and to put up the "No Fire" sign at the places vulnerable to fires and explosions;

e/ Giving false or untrue fire alarm;

f/ Digging, moving, dismantling or doing any other acts which damage the public water supply system for the fight against fires;

g/ Violating the regulations on burning bushes to grow crops and causing forest fires;

h/ Obstructing the fight against fires;

i/ Failing to carry out or delaying the carrying out of the order for mobilization of human power and equipments for fire fighting;

j/ Placing goods or any other things thus obstructing the way to the place to fight fire, or the place to take water for fire fighting or obstructing the exit from a fire;

k/ Using unprotected fire, or equipments and machinery likely to spark fire, burning garbage or votive paper, lighting joss-sticks for worship, smoking cigarette or water bubble pipe or throwing cigarette stubs or any other burning things in a "No Fire" area;

l/ Using without authorisation specialized means for fire fighting for other purposes;

m/ Using fire prevention and fighting equipments requiring check-up without prior examination and quality certification by the fire preventing and fighting agency;

n/ Placing materials, goods or inflammable substances within the safety corridor against fire;

o/ Driving a means to transport passengers, gasoline, oil, explosives and inflammable liquids without being fully equipped with the prescribed fire-fighting equipments and tools;

p/ Failing to inventorize all the explosives, strong toxics and radioactive matters according to the prescribed form;

q/ Failing to put out the source of unprotected fire or to switch off or unplug the electricity-consuming equipments which need to be switched off at the working place, shop, sales stand, laboratory... before closing the door and going home;

r/ Installing and using an electric system, electric equipment and electricity-consuming system without meeting the safety standard for fire prevention and fighting;

s/ The driver of a passenger transport means who lets passengers take inflammable, explosive or radioactive substances onto the means;

t/ Failing to report to the fire police or report belatedly to the fire police when a fire breaks out;

u/ Failing to work out or work out inadequately a plan against fires; failing to hold periodical drills against fires.

2. A fine of 2,000,000 to 5,000,000 VND for one of the following acts:

a/ Violating the regulations on the manufacture, trading and repair services for the means, instruments and chemicals against fires;

b/ Violating the regulations on the manufacture, maintenance, transportation and use of inflammables; violating the regulations on fire prevention and fighting in the use of electricity;

c/ Putting a construction into use while not yet ensuring the conditions for the prevention and fight against fire, or while the construction has not been tested on completion as prescribed;

d/ Changing without authorization the utilization character of a project or changing the furniture and structures which results in the obstruction to the emergency exit or creates difficulties for the use of the fire fighting equipment of the project;

e/ Using a chain for the production of inflammable goods or equipment or operating inflammable machines and equipment without ensuring safety against fires;

f/ Violating the regulations on the import and export of fire fighting equipments and inflammable, explodable and toxic goods;

g/ Building a project at variance with the ratified design in terms of safety against fires;

h/ Causing a fire but not seriously enough to warrant examination for penal liability;

i/ Producing or trading in inflammable, explodable and toxic goods without a certificate of the competent fire police or with an invalidated certificate;

j/ Using unprotected sources of fire and fire sparking equipment in the repair and replacement of equipments at the "No Fire" places or places containing many inflammable substances without complying strictly with the process and regulations on safety against fires;

k/ Failing to take part in the fight against fire even when fire fighting force and means are available;

l/ Using fire fighting means and chemicals which have been banned from use;

m/ Losing the "M" insignia, the permit for the transportation of explosives, radioactive matters and toxic substances.

3. A fine of 5,000,000 to 20,000,000 VND for one of the following acts:

a/ Violating the regulations on the production, maintenance, transportation and use of strong toxics and radioactive matters;

b/ Building projects without the ratification by the fire agency of the anti-fire design although such ratification has been prescribed;

c/ Using explosives, strong toxics and radioactive matters on the list of the substances banned from circulation in Vietnam;

d/ Failing to design or to build an anti-fire water supply system fitting in with the system of water supply in urban areas;

e/ Conducting consultancy in fire prevention and fighting, designing and installing an anti-fire system without certification of qualification by the fire police;

f/ Using petrol and gas projects without technical solutions to ensure safety against fire, explosion, toxicity and other contingencies;

g/ Piloting foreign ships and boats into the territorial waters and territory of Vietnam without ensuring safety against fire.

4. Violations of Points q and u Item 1; Points a, b, g, k and n Item 2; Points a and c Item 3 may lead to the stripping of the right to use the permit and the confiscation of the evidences of violation. Violations of the regulations in Points g, h, l and p Item 1; Points d and h Item 2 shall lead to the forcible restoration of the state that has been altered or compensation for damage caused by the administrative violation. Violations of Point t Item 1, Point l Item 2; Points b and g Item 3 shall lead to the forcible suspension of the construction and the forcible observance of the regulations on anti-fire designing.

Article 16.- Acts causing damage to the property of others:

1. A fine of 50,000 to 200,000 VND for one of the following acts which are not serious enough to warrant examination for penal liability:

a/ Petty theft;

b/ Causing damage to the property of others;

c/ Illegally appropriating the property of others;

d/ Buying, selling and hiding the property of another person while knowing perfectly that the property comes from a law-breaking act of that person;

e/ Committing fraud in buying, selling or exchanging goods or forcing others to buy goods against their will.

2. A fine of 200,000 to 1,000,000 VND for one of the following acts:

a/ Faking or trading in tickets of various kinds;

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

3. Violations of Points a, d and e Item 1; Point a, Item 2 shall lead to the confiscation of the evidences and means of violation. Violations of Point b Item 1 of this Article shall lead to forcible compensation for damage.

Article 17.- Acts causing damage to public utilities and security and order installations:

1. A fine of 200,000 VND to 1,000,000 VND for one of the following acts:

a/ Digging without authorisation or any other acts that damage dykes, dams, embankments, culverts, tunnels, railways or other public utilities;

b/ Moving or dismantling without authorization or any other acts that damage the warning signs, direction signs, name signs of agencies, telephone or telegraph posts, lamp posts, fences of State agencies or other public utilities.

2. A fine of 2,000,000 to 10,000,000 VND for the violation of the regulations on the protection of security and order installations.

3. Violations of the regulations in the points of Item 1 and Item 2 of this article shall lead to the forcible restoration of the state that has been altered.

Article 18.- Violations of the statute of the sea areas in the territory, the exclusive economic zone and the continental shelf of the Socialist Republic of Vietnam:

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

a/ Lightering at and conducting transactions with foreign ships; conducting illicit purchases, sales, transportation and exchange of goods;

b/ Failing to comply with or obstructing the control and inspection by the patrol and control force on the sea;

2. A fine of 10,000,000 to 50,000,000 VND for one of the following acts:

a/ Conducting activities in the exploitation, research, exploration, tourism and other acts outside the places, scope, character and professions defined in the permit;

b/ Failing to comply with the internal rules for the landing stages, sea ports and other regulations concerning order and safety on the sea.

3. A fine of 50,000,000 to 100,000,000 VND for one of the following acts:

a/ Driving a means in violation of the regulations on the movement, entry and exit from the sea areas on the Vietnamese territory, entering off-limit areas or entering without permit areas which require a permit of entry;

b/ Conducting activities of exploitation, research, exploration and other illegal activities on the sea areas of Vietnam;

c/ Submarine and other submarine means moving and anchoring in the Vietnamese territorial waters without surfacing or without flying the Vietnamese flag as prescribed.

4. Violations of Point a, Item 1 shall lead to the confiscation of goods. Violations of Point a Item 2, Points a and b, Item 3 may lead to the confiscation of the evidences and means of violation. Violations of Points a and b, Item 2 and Points a and b, Item 3 of this Article may lead to the stripping of the right to use the permit.

Article 19.- Violations of the regulations on the management and protection of the national border line, marker posts and signs.

1. A fine of 200,000 to 1,000,000 VND for one of the following acts:

a/ Damaging or any other acts that damage the national boundary marker posts or signs;

b/ Violating the regulations on the tending and leading of cattle across the border, tilling the land or building habitation on the other side of the national border;

c/ Burning undergrowth to cultivate within the border corridor, or damaging signposts of the border area, the border corridor and the off-limit area.

2. A fine of 2,000,000 to 10,000,000 VND for the acts of altering the national border line.

3. Violations of Points a of Item 1 and Item 2 of this Article shall lead to forcible restoration of the state that has been altered. Violations of Point c Item 1 of this Article shall lead to forcible compensation for damage.

Article 20.- Violations of the Regulations on the management of the border and border gate areas:

1. A fine of 100,000 to 500,000 VND for one of the following acts:

a/ Residing, traveling or doing business illegally in the border areas;

b/ Failing to declare, covering up or helping others to reside, travel and do business illegally in the border areas;

c/ Violations of regulations on the management and protection of the border corridor.

2. A fine of 500,000 to 2,000,000 VND for one of the following acts:

a/ Failing to comply with or obstructing the inspection and control by the force defending and controlling the border and border gates;

b/ Using means to transport and receive persons, transporting goods within the border gate areas at variance with prescriptions or failing to obey the guidance of the responsible persons;

c/ Persons or means exiting from or entering the border and border gates without the prescribed papers;

d/ Driving a means of transport beyond the allowed limit within the border area;

e/ Persons who are allowed to cross the border but go beyond the prescribed limit.

3. Violations of Point a, Item 1, Points c and d, Item 2 of this Article may lead to the confiscation of evidences and means of violation.

Article 21.- Violations of the regulations on exit, entry and transit :

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

a/ Damaging the passport or other valuable papers that can replace the transport in entering or leaving Vietnam;

b/ Foreigners or Vietnamese having settled abroad who correct or alter the certificate of temporary residence, permanent residence, or who enter Vietnam without declaring as prescribed or use a certificate of temporary residence in Vietnam which has expired without permission from the agency managing entries and exits;

c/ Foreigners or Vietnamese who have settled abroad and who enter the off-limit areas, or enter without permit or travel beyond the allowed territorial or time limit;

d/ Entering or leaving Vietnam without producing traveling documents when requested by the Vietnamese authorities; failing to comply with other requests of the authorities concerning body and baggage checks as prescribed by law.

2. A fine of 2,000,000 to 10,000,000 VND for one of the following acts:

a/ Correcting, altering the form and contents of the passport or visa or making untruthful declaration in order to be granted a passport or visa, certificate of temporary or permanent residence; using an invalidated passport or visa to enter or leave Vietnam;

b/ Entering, leaving or transiting through Vietnam without passport, visa or other papers that can stand for the passport or visa as prescribed;

c/ Entering, leaving or transiting through Vietnam at a border gate other than that designated in the visa without permission from the agency managing entries and exits;

d/ Vietnamese citizens who are permitted to leave for abroad within a time limit but who deliberately stay abroad beyond the permitted term;

e/ Hiding in a means of entry or exit with the aim of entering Vietnam or leaving for abroad.

3. A fine of 10,000,000 to 20,000,000 VND for one of the following acts which are not serious enough to warrant examination for penal liability:

a/ Helping, sheltering, hiding and otherwise creating conditions for other persons to leave for abroad, to stay back in a foreign country or to cross the national border illegally;

b/ Foreigners or Vietnamese having settled abroad who enter or temporarily reside to do business or conduct other activities in Vietnam at variance with the aim of the application for entry;

c/ A Vietnamese individual or organization that stands security for or who fill the procedures for foreigners or Vietnamese having settled abroad to enter Vietnam without complying with the aim, contents and program already registered with the specialized agency when standing security or filling procedures for their entry in Vietnam.

4. A fine of 20,000,000 to 50,000,000 VND for one of the following acts which is not serious enough to warrant examination for penal liability:

a/ Faking a file or papers in order to be granted a passport or other papers that can stand for the visa of exit, entry or transit or the certificate for temporary or permanent residence;

b/ Counterfeiting a passport, visa, certificate of temporary or permanent residence or the seal of control;

c/ Using a faked passport, visa, or certificate of temporary or permanent residence, or a control seal or any other faked papers to leave, enter or transit through Vietnam;

d/ Seeking shelter in a foreign embassy or consulate or the office of an international agency or organization based in Vietnam.

5. Violation of one of the points of this Article may lead to the confiscation of the passport or paper that can stand for the passport, confiscation of the evidences and means of violation; for a foreigner it may lead to expulsion from Vietnamese territory as stipulated in Articles 14, 15 and 16 of the Ordinance on entry and exit, residence and traveling of foreigners in Vietnam.

Article 22.- Violations of the regulations on the prevention, fight and control of narcotics:

1. A fine of 100,000 to 500,000 VND for one of the following acts:

a/ Smoking, injecting or inhaling or any other forms of illegal use of narcotics;

b/ Instigating others to use narcotics.

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

a/ The owner or the manager of a restaurant, hotel, inn, rest house, club and other establishments who lets others use narcotics in the area under his/her management;

b/ Violations of the regulations on the planting of narcotic-containing plants.

3. A fine of 1,000,000 to 5,000,000 VND for one of the following acts:

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

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

c/ Acting as intermediary for others to inject, smoke of use narcotics in any forms;

d/ Violating the regulations on the preparation, storing, transportation, distribution and exchange of base substances and narcotic-containing medicaments;

e/ Buying and selling psychotropic and base substances at variance with prescriptions;

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

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

4. A fine of 5,000,000 to 20,000,000 VND for one of the following acts:

a/ Violating the regulations on the procedures for the export, import, and transit transportation of narcotics, goods, merchandises and medicaments containing narcotics, soporific or base substances;

b/ Sending by mail goods and objects containing narcotics;

c/ Offering for sale or accepting such offer goods containing narcotics and psychotropic at variance with prescriptions;

d/ Violating regulations on the storing, distribution and transportation of narcotics, narcotic containing articles, psychotropic and base substances;

e/ Using at variance with prescriptions after being authorized to use articles containing narcotics or psychotropic or base substances for scientific or medical research;

f/ Producing, buying, selling, transporting or storing narcotics but not seriously enough to warrant examination for penal liability.

5. Violation of one of the points in this Article may lead to confiscation of evidences and means of violation. Violation of Point a Item 2; Points d, e and f Item 3, Points a, c, d and e Item 4 may lead to the stripping of the right to use the permit.

Article 23.- Acts of prostitution:

1. A fine of 50,000 to 200,000 VND for one of the following acts:

a/ Prostituting;

b/ Sexual abuse.

2. A fine of 500,000 to 2,000,000 VND for one of the following acts:

a/ Buying sex;

b/ Providing a place for prostitution activities.

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

a/ Procuring prostitutes;

b/ Sheltering and protecting prostitution activities;

c/ Relapsing in the violations of stipulations in Item 1, Item 2 of this Article which have led to administrative sanctions.

4. A fine of 30,000,000 to 50,000,000 VND for one of the following acts which are not serious enough to warrant examination for penal liability:

a/ Using the activities in buying and selling sex and other sex activities as a means of business;

b/ Using measures of coercion and threat to extort money and expropriate the sex buyers and sellers.

5. The acts of procuring and sheltering prostitution shall be sanctioned according to the provisions in Article 18 of Decree No.88-CP of December 14, 1995.

6. Violations of Items 1, 2, 3 and 4 of this Article shall lead to the confiscation of all the money earned from the act of violation.

Article 24.- Acts of gambling:

An individual or organization that commits acts of gambling which is not serious enough to warrant examination for penal liability shall be sanctioned under Article 20 of Decree No.88-CP of December 14, 1995 of the Government on sanctioning administrative violations in the cultural, cultural service activities and on the prevention and fight against social evils.

Article 25.- Violations of the regulations on the production, buying, selling and use of alcohol and beer:

1. A fine of 100,000 to 500,000 VND for one of the following acts:

a/ Getting drunk at the office or working place, in hotels, restaurants and other eating places, on means of transport and public places;

b/ Instigating and creating conditions for children (under 16) to drink alcoholic beverages including beer;

c/ The owner of a hotel, restaurant and eatery who sells liquors and other beverages having an alcoholic volume of 14 degrees upward to the juniors; or selling liquors and beer to children under 16 years old;

d/ Selling and drinking liquors and beer in the general education schools.

2. A fine of 500,000 to 2,000,000 VND for one of the following acts:

a/ Relapse in the violation of the regulations in Item 1 which has led to administrative sanction;

b/ Getting drunk and causing public disorder.

Article 26.- Violations of the rights of the child which is not serious enough to warrant examination for penal liability:

1. A fine of 1,000,000 to 5,000,000 VND for one of the following acts:

a/ Maltreating and repudiating a child;

b/ Using child labor in contravention of law;

c/ Enticing children to gamble, drink alcoholic beverages, smoke and use stimulants harmful to their health;

d/ Selling to children or allowing them to use noxious cultural products or toys or allowing them to play games harmful to their development.

2. A fine of 5,000,000 to 10,000,000 VND for one of the following acts:

a/ Delivering or receiving a child as adoptive child in contravention of law;

b/ Inciting, enticing or instigating children to break law;

c/ Using without authorization the material establishments and public means designed for the educational, entertainment and recreation activities of children for other purposes;

d/ Committing sex abuse against children.

3. A fine of 10,000,000 to 50,000,000 VND for the act of using the child protection fund and other financial sources designed for the protection, care and education of children for other purposes.

4. A fine of 50,000,000 to 100,000,000 VND for one of the following acts:

a/ Making untruthful declarations on resumes and other documents in order to deliver or receive Vietnamese children as adoptive children of foreigners;

b/ Filling procedures for foreigners to receive Vietnamese children as adoptive children at variance with law.

Article 27.- Violations of regulations on the protection of State confidential documents but not seriously enough to warrant examination for penal liability.

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

a/ Failing to draw up a list of State secrets as prescribed;

b/ Failing to register with a State agency for management of science and technology inventions, innovations and useful solutions related to State secrets;

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

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

e/ Failing to carry out the regulations on the publication, popularization, circulation, study and use of the list of State secrets;

f/ Failing to carry out the regulations on the transportation, delivery and reception and use of State confidential documents;

g/ Failing to carry out correctly the regulations on inventorizing, keeping and maintaining State confidential documents;

h/ To liquidate or destroy the confidential documents at variance with prescriptions;

i/ Entering the off limit areas, the places for the maintenance and keeping of State confidential documents without authorization;

j/ Shooting films, taking photographs or drawing plans of an off limit area.

2. A fine of 2,000,000 to 10,000,000 VND for one of the following acts:

a/ Disclosing, appropriating or losing confidential documents;

b/ Misusing the protection of State confidential documents to hide law- breaking acts.

3. A fine of 5,000,000 to 20,000,000 VND for an act of unlawfully destroying a State confidential document.

Article 28.- Violations of traffic order and safety:

1. The sanctioning of violations of traffic order and safety on land roads and in urban areas shall conform with the regulations in Decree No.49-CP of July 26, 1995 of the Government.

2. The sanctioning of violations of traffic order and safety in railway and inland water transport shall conform with Decree No.39-CP and No.40-CP of July 5 1996 of the Government on sanctioning administrative violations in the domain of railway and inland water transport.

Chapter III

SANCTIONING COMPETENCE AND PROCEDURE

Article 29.- Competence of the Police, the agencies managing exists and entries and of the border guards in the sanctioning of the administrative violations.

1. Members of the Peoples Police and the Border Guard on duty have the right:

a/ To serve a warning;

b/ To fine up to 100,000 VND.

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

a/ To serve a warning;

b/ To fine up to 200,000 VND;

c/ To order forcible compensation for the damage up to 500,000 VND caused by the administrative violation.

3. The Chief of the ward Police has the right:

a/ To serve a warning;

b/ To fine up to 200,000 VND;

c/ To confiscate the evidences and means valued up to 500,000 VND used to commit the administrative violation;

d/ To force the compensation for the damage up to 500,000 VND caused by the administrative violation;

e/ To force the restoration of the initial state which has been altered by the violation;

f/ To order suspension of the activities causing pollution of the living environment, spread of epidemics and causing uproarious noise thus breaking the common tranquility.

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

a/ To serve a warning;

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

c/ To strip the right to use various kinds of permits under his jurisdiction, confiscate the evidences and means used in the administrative violation and take other measures defined in Item 3, Article 11 of the Ordinance on the Handling of Administrative Violations.

5. The Chief of Police Section for the administrative management of social order, the Chief of the Police Section for traffic order, the Chief of the Police Section for Prevention and Fight against Fires, the Chief of the Section of Crime Police, the Chief of the Section for Exists and Entries, the Heads of the Special Police units at the Center, the Heads of the Mobile Police Units from company level upward operating in an independent manner, the Head of the Police station at a border gate, export processing zone, the Commander of the Border Military Sector, the Commander of the Border Naval Group, the Head of the Police Station, the Head of the Border Guard Station have the right:

a/ To serve a warning;

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

c/ To strip the right to use the permit in the areas and domains under their jurisdiction, confiscate the evidences and means used in the administrative violation and take other measures stipulated in Item 3 Article 11 of the Ordinance on the Handling of Administrative Violations.

6. The Director of the Police at provincial level has the right:

a/ To serve a warning;

b/ To fine up to 20,000,000 VND;

c/ To strip the right to use the driving license, the circulation permit of the transport means, the permit of using a weapon or explosive and other permits issued by the Police, confiscate the evidence and means used in the administrative violation and take other measures stipulated at Item 3 Article 11 of the Ordinance on the Handling of Administrative Violations.

7. The Heads of the Economic Police Department, the Head of the Police Department for Prevention and Fight against Fires, the Head of the Crime Police Department, the Head of the Department for Management of Exits and Entries, the Head of the Police Department for Traffic Order, the Head of the Police Department for Administrative Management of Social Order, the Commander of the Border Guard of provincial level, shall within their competence, have the right:

a/ To serve a warning;

b/ To fine up to 20,000,000 VND;

c/ To strip the right to use permits under their jurisdiction, confiscate evidences and means used in the administrative violation and take other measures stipulated in Item 3, Article 11 of the Ordinance on the Handling of Administrative Violations.

Article 30.- Competence of the Peoples Committees at various levels in handling administrative violations:

1. The President of the Peoples Committee of the commune, ward or township ( commune level for short) has the right :

a/ To serve a warning;

b/ To fine up to 200,000 VND;

c/ To confiscate the evidences and means valued up to 500,000 VND used in the administrative violation;

d/ To force compensation up to 500,000 VND for damage caused by the administrative violation;

e/ To force the restoration to the original state that has been altered by the administrative violation;

f/ To order the cessation of activities causing environmental pollution, spread of epidemics and causing uproarious noise thus disrupting the common tranquility;

g/ To destroy noxious objects that affect human health.

2. The President of the Peoples Committee of a district, town or city under the province (hereafter referred to as district level) has the right:

a/ To serve a warning;

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

c/ To decide the use of supplementary sanctions and measures stipulated at Item 2 and Item 3 of Article 11 of the Ordinance on the Handling of Administrative Violations, except for the stripping of the right to use permits issued by State agencies of higher level, in which case the President of the Peoples Committee of district level shall issue a decision to stop the act of violation and propose to the competent State agency to revoke the permit.

3. The President of the Peoples Committee of a province or a city directly under the Central Government (hereafter referred to as provincial level) has the right:

a/ To serve a warning;

b/ To fine up to 100,000,000 VND;

c/ To use various forms of supplementary sanction and measures stipulated in Item 2 and Item 3 of Article 11 of the Ordinance on the Handling of Administrative Violations, except for the stripping of the right of permits issued by the State agencies, in which case the President of the Peoples Committee of provincial level shall issue a decision to stop the act of violation and propose to the competent State agency to revoke the permit.

Article 31.- Besides the persons stipulated in Article 29, Article 30 of this Decree, if the persons having the competence to impose sanctions as stipulated in the Ordinance on the Handling of Administrative Violations detect administrative violations defined in this Decree that, under the domain and occur in the territory under their management, they may impose sanctions but have to comply with the stipulations of Article 37 of the Ordinance on the Handling of Administrative Violations.

Article 32.- Delegation of right to impose sanctions against administrative violations:

In case where the persons having the competence to administer sanctions against administrative violations as stipulated in Items 3, 4, 5, 6 and 7 of Articles 29, 30 and 31 of this Decree are absent or with their delegation of powers, their deputies shall have the competence to administer sanctions according to their competence. The delegation of powers must comply strictly with the stipulations of Article 36 of the Ordinance on the Handling of Administrative Violations.

Article 33.- Warnings:

Warning is a form of sanction applied to an individual or organization that commits small administrative violations for the first time or with attenuating circumstances. It shall be decided in writing or other forms stipulated in the legal documents on the sanctioning of administrative violations including the sanction by warning.

When it is deemed necessary, the agency with competence to sanction shall notify the local administration or the agency or organization where the offender resides or works of the decision to serve a warning.

Article 34.- Procedures and measures of fining:

1. Upon detecting an administrative violation, the user of the right to sanction shall have to tell clearly the offender the item and name of the legal document which he/she has violated, the level of responsibility, the form of fining applied to his/her act of violation.

2. When deciding to fine up to 20,000 VND, the person competent to fine shall issue a fining decision as stipulated in Item 2, Article 48 of the Ordinance on the Handling of Administrative Violations and deliver to the fined person a copy for implementation and another copy to the fine collection bureau.

3. If the fine exceeds 20,000 VND the person on duty shall make a written report as stipulated in Article 47 of the Ordinance on the Handling of Administrative Violations. If the case is clearly established and the offender can pay the fine, the competent person shall decide the fining right away. In complicated cases which require investigation and determination of the circumstances related to the fining, within 30 days after the report is made, the competent person shall issue the fining decision as stipulated in Article 48 of the Ordinance on the Handling of Administrative Violations. The fining decision shall be sent to the organization, the fined person and the fine collection bureau. If the fine is 2,000,000 VND and more, the decision shall be sent to the Peoples Procuracy of the same level.

The procedure of applying preventive measures and implementing the fining decision shall conform to the provisions of the Ordinance on the Handling of Administrative Violations.

The Ministry of the Interior shall provide for the unified form of the report, the form of the fining decision and of the documents and other decisions applied in the process of handling administrative violations in the domain of security and order. It shall direct the procedures for temporary detention of the circulation permit of the means of transport, the driving license, and other necessary papers related to the evidences and means of violation.

4. An individual or organization that is fined for administrative violations in the domain of security and order shall have to pay the fine at the place written in the Fining Decision. The fining person is strictly forbidden to collect the fine on the spot.

5. Within 5 days after the fining decision takes effect, if the organization or person subject to the fine does not voluntarily implement the decision, they shall be forced to do so as stipulated in Article 55 of the Ordinance on the Handling of Administrative Violations.

Article 35.- Stripping the right to use the permit within a given period or indefinitively:

1. All the permits and certificates (collectively referred to as permit) issued by the competent State agencies to the individuals or organizations for operation in all domains of the economic and social life may be subject to this form of sanction if the administrative violation is directly related to the rules, regulations and regime of using these permits.

2. Stripping of the right to use a permit within a given period shall apply to individuals and organizations that commit administrative violations which warrant the stripping of the right to use the permits within a given period. Upon expiry of this period, the person who issues the fining decision shall have to return the permit to that individual or organization.

3. Stripping of the right to use the permit indefinitively shall apply to the following cases:

- The permit is issued by a non- competent person;

- The permit s contents are contrary to law;

- The offender has violated the rules for using the permit to the extent that it is deemed impossible to allow him/her to continue the use of the permit.

4. When the need arises to decide to strip the right to use a permit, the competent person shall have to order the immediate cessation of the act of violation. The person on duty must make a written report in which the reason for stripping the right to use the permit must be clearly stated as stipulated in Article 50 of the Ordinance on the Handling of Administrative Violations.

The stripping of the right to use the permit can be done only when a written decision of the competent person has been issued as stipulated in Articles 29 and 30 of this Decree. Such decision must be sent to the sanctioned person right at the moment the Decision is executed and must be notified to the agency which issued the permit.

In case the stripping of the right to use the permit does not fall within the competence of the sanctioning agency, the agency which conducts the sanctioning shall propose to the competent agency to issue the decision.

Article 36.- Handling the evidences and means of administrative violations:

1. Confiscation of the evidences, money and means of violation used by the offender to commit the act of administrative violation and remitting them to the State public fund.

With regard to the evidences and means under the ownership of a State agency, a social organization or another person which has been appropriated or illegally used by the offender to carry out his/her administrative violation, the competent agency shall return them to the owner or their lawful manager.

- When confiscating the evidences, money and means of committing the administrative violations, the person on duty shall have to make a report according to the unified form prescribed by the Ministry of the Interior and deliver a copy to the sanctioned person.

Article 37.- Application of the sanctioning form:

1. Apart from the forms of main sanction and supplementary sanction stipulated in the clauses of this Chapter, an individual or organization that commits an administrative violation may be subject to other measures as stipulated in Article 11 of the Ordinance on the Handling of Administrative Violations.

2. The form of main sanction shall be applied independently. The supplementary sanction and the use of other administrative measures shall apply along with the main sanction.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 38.- If the person competent to hand the sanction violates the regulations on handling administrative violations, he/she shall be, depending on the character and extent of the violation, disciplined or examined for penal liability; if the violation causes material damage, he/she shall have to make compensation.

Article 39.- This Decree takes effect on the date of its signing and replaces Decree No.141-HDBT of April 25, 1991 of the Council of Ministers; replaces the regulations on sanctions against the acts of buying and selling sex stipulated in Article 4 and the acts of using, producing, buying, selling, stocking and transporting narcotics stipulated in Items 1, 2 and 3 of Article 5 of Decree No.53-CP of June 28, 1994.

Article 40.- The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, the Presidents of the Peoples Committees of the provinces and cities directly under the Central Government shall have to implement this Decree.

The Minister of the Interior shall provide detailed guidance for, and organize the implementation, of this Decree.

ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER




Vo Van Kiet

 

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Ngày ban hành15/08/1996
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Lược đồ Decree No. 49-CP of August 15 ,1996, of the Government on sanctions against administrative violations in the domain of security and order


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          Decree No. 49-CP of August 15 ,1996, of the Government on sanctions against administrative violations in the domain of security and order
          Loại văn bảnNghị định
          Số hiệu49-CP
          Cơ quan ban hànhChính phủ
          Người kýVõ Văn Kiệt
          Ngày ban hành15/08/1996
          Ngày hiệu lực15/08/1996
          Ngày công báo...
          Số công báo
          Lĩnh vựcVi phạm hành chính
          Tình trạng hiệu lựcHết hiệu lực 04/01/2006
          Cập nhật14 năm trước

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                  Văn bản gốc Decree No. 49-CP of August 15 ,1996, of the Government on sanctions against administrative violations in the domain of security and order

                  Lịch sử hiệu lực Decree No. 49-CP of August 15 ,1996, of the Government on sanctions against administrative violations in the domain of security and order