Ordinance No. 02/2022/UBTVQH15 on Administrative Sanctions for Acts Hindering Judicial Proceedings

ORDINANCE

ADMINISTRATIVE PENALTY FOR OBSTRUCTING PROCEEDINGS

OF PROCEEDINGS

On the basis of the Constitution of the Socialist Republic of Vietnam;

Pursuant to the Law on Handling Administrative Violations No. 15/2012/QH13 amended and supplemented by Law No. 67/2020/QH14;

The Standing Committee of the National Assembly promulgates this Ordinance on Administrative Penalties for Obstructing Proceedings.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Ordinance stipulates administrative penalties for obstructing proceedings; forms and levels of penalties; measures to remedy consequences; preventive measures and guarantees for handling administrative violations; authority, procedures for imposing penalties, enforcing penalty decisions, and coercive enforcement of penalty decisions for obstructing proceedings.

Article 2. Interpretation of Terms

In this Ordinance, the following terms shall be understood as follows:

1. Acts of obstructing proceedings subject to administrative penaltiesare acts with fault committed by individuals or organizations that hinder the resolution of cases or matters by agencies or persons authorized under the Criminal Procedure Code, Civil Procedure Code, Administrative Procedure Law, which are not criminal offenses and must be subject to administrative penalties according to this Ordinance.

Acts with fault committed by individuals or organizations that hinder the resolution of matters by agencies or persons authorized under the Ordinance on Procedures and Steps for Considering and Deciding on the Application of Administrative Sanctions at People's Courts and the Ordinance on Procedures and Steps of People's Courts Considering and Deciding on the Placement of Drug Addicts Aged from 12 to Under 18 Years Old in Compulsory Rehabilitation Centers, which are not criminal offenses, shall be subject to administrative penalties as acts of obstructing proceedings according to this Ordinance.

2. Session includes civil dispute settlement sessions; sessions for checking the submission, access, public disclosure of evidence and mediation, dialogue during the resolution of civil matters, administrative cases; sessions for considering and deciding on the application of administrative sanctions; sessions for considering and deciding on the placement of drug addicts aged from 12 to under 18 years old in compulsory rehabilitation centers, and other sessions in proceedings.

3. Agencies and persons with authority include investigative agencies, investigators, agencies assigned tasks to conduct certain investigative activities, persons assigned tasks to conduct certain investigative activities, Village Police Station, Police Post as defined in the Criminal Procedure Code; investigative agencies, investigators as defined in the Civil Procedure Code, Administrative Procedure Law; People's Court, President of the Court, Judge, Clerk of the session performing tasks according to the Ordinance on Procedures and Steps for Considering and Deciding on the Application of Administrative Sanctions at People's Courts and the Ordinance on Procedures and Steps of People's Courts Considering and Deciding on the Placement of Drug Addicts Aged from 12 to Under 18 Years Old in Compulsory Rehabilitation Centers.

4. Lawyer as prescribed in Chapter II of this Ordinance participates in proceedings as:

a) Defense counsel for persons held in emergency situations, arrested persons, persons under temporary detention, defendants, accused persons, or as a representative of the rights and legitimate interests of persons reported for suspicion, persons recommended for prosecution initiation, victims, civil plaintiffs, civil defendants, persons with rights and obligations related to criminal cases;

b) Representative or defender of the rights and legitimate interests of parties in civil matters, administrative cases;

c) Defender of the rights and legitimate interests of persons proposed for consideration and decision on the application of administrative sanctions at People's Courts, placement of drug addicts aged from 12 to under 18 years old in compulsory rehabilitation centers.

Article 3. The provisions of the law on administrative offenses shall be applied to acts hindering litigation activities.

The administrative offense penalty for acts hindering litigation activities shall be implemented in accordance with the Law on Handling Administrative Offenses, this Ordinance, and other relevant legal provisions.

Article 4. Subjects of administrative offense penalties for acts hindering litigation activities

1. Individuals specified in points a and c, Clause 1, Article 5 of the Law on Handling Administrative Offenses who commit acts stipulated in Chapter II of this Ordinance.

In cases where officials, civil servants, public employees, members of the People's Army, People's Public Security Force, personnel engaged in confidential work commit acts hindering litigation activities while performing their duties or tasks, and such violations pertain to their duties or tasks, they shall not be subject to administrative offense penalties under the law on handling administrative offenses but shall be dealt with according to the law on officials, civil servants, public employees, and other relevant laws, except for the cases provided for in Article 495 of the Civil Procedure Code, Article 324 and Clause 1, Article 325 of the Administrative Procedure Law.

In cases where judges commit acts hindering litigation activities while performing their judge duties, they shall not be subject to administrative offense penalties under the law on handling administrative offenses but shall be dealt with according to the Law on Organization of the People's Courts and other relevant laws.

2. Organizations specified in points b and c, Clause 1, Article 5 of the Law on Handling Administrative Offenses who commit acts stipulated in Chapter II of this Ordinance.

Article 5. Forms of administrative penalties and principles of application

1. The main forms of administrative penalties for acts hindering litigation activities include:

a) Warning;

b) Fine.

2. The supplementary form of administrative penalty for acts hindering litigation activities is the confiscation of objects and means used in committing administrative offenses (hereinafter referred to as confiscation of objects and means of administrative offenses).

3. The principle of applying administrative penalty forms for acts hindering litigation activities shall be carried out in accordance with Clause 3, Article 21 of the Law on Handling Administrative Offenses.

Article 6. Amount of fines and authority to impose fines

1. The maximum fine amount for each act of hindering litigation activities by individuals is up to 40,000,000 VND. The maximum fine amount for each act of hindering litigation activities by organizations is up to 80,000,000 VND.

2. The fine amounts prescribed in Chapter II of this Ordinance apply to acts of hindering litigation activities by individuals. For organizations committing the same violation, the fine amount is twice that imposed on individuals.

Article 7. Measures to remedy consequences and principles of application

1. Measures to remedy consequences applied in administrative offense penalties for acts hindering litigation activities include:

a) Compel restoration to the original condition.

b) Compelling the return of unlawful gains obtained from committing acts hindering litigation activities;

c) Compelling a public apology;

d) Compelling the recovery of information, documents, data, and items containing investigation secrets;

đ) Compelling the removal of information, documents, data containing investigation secrets;

e) Compelling the recovery of false information;

g) Compelling the removal of false information;

h) Compelling the recovery and return of materials, documents, images.

2. The principle of applying remedial measures is carried out in accordance with Clause 2, Article 28 of the Law on Handling Administrative Offenses.

Article 8. Measures to prevent and ensure the handling of administrative violations against obstructing litigation activities and principles for application

1. In cases where it is necessary to promptly prevent administrative violations or to ensure the handling of administrative violations against obstructing litigation activities, measures prescribed in Clauses 1, 2, 3, 4, 5, and 6 of Article 119 of the Law on Handling Administrative Violations may be applied, including:

a) Detaining persons;

b) Escorting the violator;

c) Seizing objects, means of transportation, licenses, and professional certificates involved in administrative violations;

d) Searching persons;

đ) Searching conveyances and objects;

e) Searching places where objects, means of transportation involved in administrative violations are concealed.

2. The principles for applying preventive measures and ensuring the handling of administrative violations against obstructing litigation activities shall be implemented in accordance with the provisions of Article 120 of the Law on Handling Administrative Violations.

Chapter II
OBSTRUCTING LITIGATION ACTIVITIES, FORMS OF PENALTY AND MEASURES TO REMEDY CONSEQUENCES

Section 1
OBSTRUCTING CRIMINAL LITIGATION ACTIVITIES, FORMS OF PENALTY AND MEASURES TO REMEDY CONSEQUENCES

Article 9. False reporting of criminal offenses

1. A fine of from VND 1,000,000 to VND 5,000,000 shall be imposed on the act of intentionally reporting false information about criminal offenses.

2. A fine of from VND 5,000,000 to VND 15,000,000 shall be imposed on one of the following acts, except in the case provided for in Clause 3 of this Article:

a) Intentionally reporting false information about criminal offenses that affects the reputation of agencies or authorities with jurisdiction;

b) Inciting, persuading, deceiving, bribing, threatening, or using force to compel others to report false information about criminal offenses.

3. A fine of from VND 15,000,000 to VND 30,000,000 shall be imposed on lawyers who commit the act prescribed in Clause 2 of this Article.

4. Additional forms of administrative punishment:

Confiscation of objects, means of transportation involved in administrative violations for the acts prescribed in Clauses 1, 2, and 3 of this Article.

Article 10. Disclosing investigation secrets

1. A fine of from VND 4,000,000 to VND 8,000,000 shall be imposed on participants in litigation who disclose investigation secrets despite being required by Investigators, Investigation Officers, Prosecutors, or Inspectors to keep them confidential, except in the case provided for in Point b Clause 2 of this Article.

2. A fine of from VND 8,000,000 to VND 15,000,000 shall be imposed on one of the following acts:

a) Participants in litigation disclosing investigation secrets causing delays in the investigation despite being required by Investigators, Investigation Officers, Prosecutors, or Inspectors to keep them confidential, except in the case provided for in Clause 3 of this Article;

b) Lawyers committing the act prescribed in Clause 1 of this Article.

3. A fine of from VND 15,000,000 to VND 30,000,000 shall be imposed on lawyers who commit the act prescribed in Point a Clause 2 of this Article.

4. Measures to remedy consequences:

a) Compelling the recovery of information, documents, data, and items containing investigation secrets for the acts prescribed in Clauses 1, 2, and 3 of this Article;

b) Compelling the removal of information, documents, and data containing investigation secrets for the acts prescribed in Clauses 1, 2, and 3 of this Article;

c) Compelling the return of unlawful gains obtained through the acts prescribed in Clauses 2 and 3 of this Article.

Article 11. Violation of the requirement to appear pursuant to a summons

A warning or a fine of from VND 100,000 to VND 1,000,000 shall be imposed on participants in litigation who have been summoned but are absent without force majeure or objective obstacles and whose absence hinders litigation activities. 缺席并非由于不可抗力或非客观障碍，并且他们的缺席妨碍了诉讼活动。

Article 12. Acts obstructing the representation of agencies, organizations, or individuals participating in litigation

1. A fine of VND 1,000,000 to VND 5,000,000 shall be imposed on participants in litigation who deceive, threaten, bribe, or use force to obstruct the representation of agencies, organizations, or individuals participating in litigation.

2. Additional forms of punishment:

Seizure of contraband and means of administrative violation for acts prescribed in Clause 1 of this Article.

Article 13. Acts obstructing the activities of verification and collection of evidence

1. Warning or a fine of VND 100,000 to VND 1,000,000 shall be imposed on any of the following acts:

a) Participants in litigation making false statements or providing false documents, except for the accused;

b) Participants in litigation refusing to make statements or refusing to fulfill the obligation to provide documents or objects, except for the accused.

2. A fine of VND 1,000,000 to VND 7,000,000 shall be imposed on participants in litigation who forge or destroy evidence, thereby hindering the resolution of cases or matters.

3. A fine of VND 7,000,000 to VND 15,000,000 shall be imposed on any of the following acts:

a) Participants in litigation deceiving, threatening, bribing, or using force to prevent victims from participating in litigation or compelling victims to make false statements, except in the case prescribed in Clause 5 of this Article;

b) Participants in litigation deceiving, threatening, bribing, or using force to prevent witnesses from testifying or compelling others to give false testimony, except in the case prescribed in Clause 5 of this Article;

c) Appraisers or asset evaluators refusing to issue appraisal conclusions or asset evaluations without reasons of force majeure or objective obstacles.

4. A fine of VND 15,000,000 to VND 30,000,000 shall be imposed on any of the following acts:

a) Participants in litigation deceiving, threatening, bribing, or using force to prevent interpreters or translators from performing their duties or compelling them to provide false translations;

b) Participants in litigation deceiving, threatening, bribing, or using force to prevent appraisers or asset evaluators from performing their duties or compelling them to issue conclusions that are inconsistent with objective facts;

c) Appraisers or asset evaluators issuing false conclusions.

5. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on lawyers who deceive, threaten, bribe, or use force to compel victims to make false statements or compel others to give false testimony.

6. Additional forms of punishment:

Seizure of contraband and means of administrative violation for acts prescribed in Clause 2, point a and point b of Clause 3, point a and point b of Clause 4, and Clause 5 of this Article.

Article 14. Acts obstructing the issuance, delivery, receipt, notification, or non-performance of responsibilities for issuance, delivery, transfer, sending, posting, or notification of procedural documents

Warning or a fine of VND 100,000 to VND 1,000,000 shall be imposed on any of the following acts:

1. Persons assigned the responsibility of issuing, delivering, transferring, sending, posting, or notifying procedural documents but failing to perform or performing incompletely as prescribed by the Criminal Procedure Code;

2. Participants in litigation obstructing the issuance, delivery, receipt, or notification of procedural documents by competent authorities conducting litigation proceedings.

Article 15. Acts of insulting the reputation, dignity, credibility, and harming the health of persons authorized to conduct litigation proceedings

1. A fine of from VND 3,000,000 to VND 7,000,000 shall be imposed on participants in litigation proceedings who insult the reputation, dignity, or credibility of persons authorized to conduct litigation proceedings, except for cases stipulated in Clause 3 of this Article.

2. A fine of from VND 7,000,000 to VND 15,000,000 shall be imposed on participants in litigation proceedings who threaten, use violence, or commit other acts that harm the health of persons authorized to conduct litigation proceedings, except for cases stipulated in Clause 4 of this Article.

3. A fine of from VND 15,000,000 to VND 30,000,000 shall be imposed on lawyers who commit acts as prescribed in Clause 1 of this Article.

In cases where the violation committed by a lawyer reaches a level requiring the application of a penalty form of revoking the right to use the lawyer's practice certificate or the lawyer's practice permit in Vietnam for a certain period according to the provisions of the Law on Handling Administrative Violations, such penalties shall be applied according to the provisions of the law on administrative violations handling in the field of judicial assistance.

4. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed on lawyers who commit acts as prescribed in Clause 2 of this Article.

5. Additional forms of punishment:

Seizure of evidence and means of administrative violation shall apply to acts prescribed in Clauses 1, 2, 3, and 4 of this Article.

Section 2
ACTS OF OBSTRUCTING CIVIL LITIGATION PROCEDURES, ADMINISTRATIVE LITIGATION PROCEDURES, THE CONSIDERATION AND DECISION TO APPLY ADMINISTRATIVE SANCTIONS AT THE PEOPLE'S COURT, THE HANDLING OF DRUG ADDICTS AGED FROM 12 TO UNDER 18 YEARS OLD; FORMS OF PENALTY AND MEASURES TO REMEDY AFTERMATH

Article 16. Intentional failure to appear as required by a summons issued by the Court

A warning or a fine of from VND 100,000 to VND 1,000,000 shall be imposed on witnesses, interpreters, or experts who have been legally summoned by the Court but intentionally fail to attend the Court or are absent from the trial or hearing without a valid reason and if their absence impedes the Court's litigation activities.

Article 17. Acts of obstructing representatives of agencies, organizations, or individuals participating in litigation proceedings at the request of the Court

1. A fine of from VND 1,000,000 to VND 5,000,000 shall be imposed on acts of threatening, assaulting, or exploiting dependency to obstruct representatives of agencies, organizations, or individuals participating in litigation proceedings at the request of the Court.

2. Additional forms of punishment:

Seizure of contraband and means of administrative violation for acts prescribed in Clause 1 of this Article.

Article 18. Acts of obstructing the activities of verifying and collecting evidence by agencies or persons authorized to do so

1. Warning or a fine of VND 100,000 to VND 1,000,000 shall be imposed on any of the following acts:

a) Failure to comply with the Court’s or Prosecutor's Office's requests to provide materials or evidence under their management or custody;

b) Witnesses providing false statements or supplying false materials when testifying;

c) Witnesses refusing to testify, except for cases stipulated in Clause 3 of Article 78 of the Civil Procedure Code and Point e of Clause 2 of Article 62 of the Administrative Procedure Law.

2. A fine of from VND 1,000,000 to VND 7,000,000 shall be imposed on any of the following acts:

a) Fabricating or destroying important evidence, thereby hindering the resolution of cases or matters by the Court;

b) Failing to appoint a person to participate in the Appraisal Committee as requested by the Court without a valid reason;

c) Experts refusing to provide materials without a valid reason.

3. A fine of VND 7,000,000 to VND 15,000,000 shall be imposed on any of the following acts:

a) Deceiving, threatening, bribing, coercing, or using violence to prevent witnesses from testifying or forcing others to give false testimony, except for cases stipulated in Clause 5 of this Article;

b) Threatening, using violence, causing disorder, or committing other acts to obstruct persons authorized to conduct on-site examination, appraisal decision, expert request, or other verification and evidence collection measures as provided by law;

c) Experts refusing to issue an expert opinion without a valid reason;

d) Failing to participate in performing the duties of the Appraisal Committee without a valid reason.

4. A fine of VND 15,000,000 to VND 30,000,000 shall be imposed on any of the following acts:

a) Deceiving, threatening, bribing, coercing, or using violence to prevent interpreters from performing their duties or forcing them to interpret inaccurately, impartially, or incorrectly;

b) Deceiving, threatening, bribing, coercing, or using violence to prevent experts from performing their duties or forcing them to issue incorrect conclusions contrary to objective facts;

c) Experts issuing incorrect expert opinions;

d) Interpreters intentionally interpreting inaccurately.

5. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed on lawyers who commit acts as prescribed in Point a of Clause 3 of this Article.

6. Additional forms of punishment:

Seizure of evidence and means of administrative violation shall apply to acts prescribed in Point a of Clause 2, Points a and b of Clause 3, Points a and b of Clause 4, and Clause 5 of this Article.

Article 19. Acts obstructing the issuance, delivery, receipt, service, or notification of court procedural documents

1. Warning or a fine of VND 100,000 to VND 1,000,000 shall be imposed on any of the following acts:

a) Failing to issue, deliver, serve, or notify court procedural documents upon request of the Court without legitimate reasons; 而没有正当理由；

b) Obstructing the issuance, delivery, receipt, service, or notification of court procedural documents.

2. A fine of from VND 1,000,000 to VND 7,000,000 shall be imposed on any of the following acts:

a) Destroying court procedural documents entrusted to be issued, served, or notified upon request of the Court;

b) Falsifying the results of serving or notifying court procedural documents entrusted to be performed.

3. Additional forms of punishment:

Seize the objects and means used in committing administrative violations as stipulated in Clause 2 of this Article.

4. A notary who fails to serve papers, files, or documents according to the requirements of the Court as prescribed shall be subject to administrative sanctions under the law on administrative sanctions in the field of judicial assistance.

Article 20. Acts interfering with the adjudication of cases or matters

1. A fine of from VND 10,000,000 to VND 20,000,000 for anyone who, through their influence, exerts pressure in any form on Judges or members of the Bench to make the adjudication of cases or matters unfair or contrary to the law.

2. A fine of from VND 20,000,000 to VND 30,000,000 for anyone who takes advantage of subordinate relationships to commit acts as stipulated in Clause 1 of this Article.

3. A fine of from VND 30,000,000 to VND 40,000,000 for anyone who takes advantage of their position or authority to commit acts as stipulated in Clause 1 of this Article.

Article 21. Acts insulting or harming the dignity, reputation, or integrity of the Court; defaming the honor, personality, reputation, or harming the health of authorized persons or others performing tasks at the request of the Court

1. A fine of from VND 3,000,000 to VND 7,000,000 for any of the following acts, except as provided for in Clause 3 of this Article:

a) Insulting or harming the dignity, reputation, or integrity of the Court;

b) Defaming the honor, personality, or reputation of authorized persons or others performing tasks at the request of the Court.

2. A fine of from VND 7,000,000 to VND 15,000,000 for acts of threatening, using violence, or other acts that harm the health of authorized persons or others performing tasks at the request of the Court, except as provided for in Clause 4 of this Article.

3. A fine of from VND 15,000,000 to VND 30,000,000 shall be imposed on lawyers who commit acts as prescribed in Clause 1 of this Article.

In cases where the violation committed by a lawyer reaches a level requiring the application of a penalty form of revoking the right to use the lawyer's practice certificate or the lawyer's practice permit in Vietnam for a certain period according to the provisions of the Law on Handling Administrative Violations, such penalties shall be applied according to the provisions of the law on administrative violations handling in the field of judicial assistance.

4. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed on lawyers who commit acts as prescribed in Clause 2 of this Article.

5. Additional forms of punishment:

Seizure of evidence and means of administrative violation shall apply to acts prescribed in Clauses 1, 2, 3, and 4 of this Article.

Article 22. Acts disseminating false information

1. A fine of from VND 1,000,000 to VND 7,000,000 for acts of disseminating false information aimed at obstructing the proceedings of the Court, except as provided for in Clause 3 of this Article.

2. A fine of from VND 7,000,000 to VND 15,000,000 for acts of disseminating false information causing delays or prolongation of the time for conducting the proceedings of the Court, except as provided for in Clause 4 of this Article.

3. A fine of from VND 15,000,000 to VND 30,000,000 shall be imposed on lawyers who commit acts as prescribed in Clause 1 of this Article.

4. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed on lawyers who commit acts as prescribed in Clause 2 of this Article.

5. Additional forms of punishment:

Seizure of evidence and means of administrative violation shall apply to acts prescribed in Clauses 1, 2, 3, and 4 of this Article.

6. Measures to remedy consequences:

a) Order public apology for acts as stipulated in Clauses 2, 3, and 4 of this Article;

b) Order the withdrawal of false information for acts as stipulated in Clauses 2, 3, and 4 of this Article;

c) Order the removal of false information for acts as stipulated in Clauses 2, 3, and 4 of this Article;

d) Order the return of unlawful gains obtained from committing acts as stipulated in Clauses 2, 3, and 4 of this Article.

7. Acts of posting or broadcasting false information in the media to obstruct the proceedings of the Court shall be subject to administrative sanctions under the law on administrative sanctions in the field of journalism.

Section 3
VIOLATIONS OF COURT SESSION INTERNAL RULES, OTHER ACTS OBSTRUCTING PROCEEDINGS; FORMS OF SANCTIONS AND MEASURES TO REMEDY CONSEQUENCES

Article 23. Violations of courtroom rules and regulations

1. A warning or a fine of VND 100,000 to VND 500,000 shall be imposed on any of the following acts:

a) Using a telephone, creating noise, or engaging in other acts that disrupt order during the court session;

b) Leaving electronic devices in a state where cameras are off or microphones are muted despite being reminded by the presiding judge;

c) Not standing up when the Bench enters the courtroom or when the Bench pronounces judgment without permission from the presiding judge;

d) The defendant not standing up when the Prosecutor announces the indictment or prosecution decision without permission from the presiding judge;

đ) Smoking, eating, or drinking in the courtroom;

e) Wearing inappropriate attire, wearing hats, caps, or colored glasses in the courtroom without a valid reason and without permission from the presiding judge;

g) A defendant who is under temporary detention contacting others who are not their defense counsel without permission from the presiding judge;

h) Individuals aged 14 years to under 16 years old who have been warned but still enter the courtroom, except when summoned by the Court to participate in the session;

2. Fine from VND 500,000 to VND 1,000,000 for one of the following acts:

a) Failing to comply with security checks conducted by responsible forces protecting the court session;

b) Asking questions or presenting opinions without the presiding judge's approval;

c) Causing disruption in the courtroom;

d) Failing to comply with the presiding judge's instructions despite being reminded;

đ) Showing disrespect towards the Bench;

e) Participants required by the Court to attend the session failing to present summonses, invitations, or related documents despite being reminded;

g) Participants required by the Court not sitting in the designated seat in the courtroom as directed by the Clerk;

h) Participants required by the Court leaving the courtroom during the session without a valid reason and without the presiding judge's approval;

i) Journalists failing to produce press cards as requested by the Court when participating in the session for journalistic activities;

3. A fine of VND 1,000,000 to VND 7,000,000 shall be imposed for any of the following acts:

a) Inciting, urging, or instigating others to cause disorder or disruption in the courtroom;

b) Bringing prohibited items, leaflets, slogans, or other materials into the courtroom affecting the solemnity of the session, except for evidence in the case used for trial purposes or weapons and support tools carried by authorized personnel for courtroom protection duties;

c) Intentionally interrupting lighting, sound recording, or image recording systems affecting the session;

4. A fine of VND 7,000,000 to VND 15,000,000 shall be imposed for any of the following acts:

a) Throwing waste, dirt, chemicals, bricks, soil, rocks, sand, or other objects into the courtroom;

b) Bringing weapons, dangerous instruments, explosives, flammable substances, or toxic substances into the courtroom, except for evidence in the case used for trial purposes or weapons and support tools carried by authorized personnel for courtroom protection duties;

c) Recording speeches or filming images of the Bench without the presiding judge's consent, or recording speeches or filming images of litigation participants without their consent during civil or administrative case trials; failing to follow the presiding judge's direction regarding audio and video recording during criminal case trials;

5. Additional forms of punishment:

Seizure of contraband and means of violating administrative regulations for acts specified in point a and point b Clause 1, point c Clause 2, point b and point c Clause 3, point b and point c Clause 4 of this Article;

6. Measures to remedy consequences:

a) Compelling the recovery and return of materials, documents, and images for acts specified in point c Clause 4 of this Article;

b) Compelling the return of illegal gains obtained through acts specified in point c Clause 4 of this Article;

c) Compelling restoration to the original condition for acts specified in point a Clause 4 of this Article;

7. The provisions of Clauses 1, 2, 3, 4, 5, and 6 of this Article shall apply to acts obstructing litigation proceedings at the Court's meeting sessions.

Article 24. Other acts obstructing litigation activities

1. A fine of from 1,000,000 VND to 7,000,000 VND shall be imposed for any of the following acts:

a) Disseminating documents or disseminating login information to access the online trial system;

b) Destroying communication systems and network equipment, sound systems (speakers, microphones, amplifiers, audio mixing boards), image display devices at the main venue and component venues of online court sessions and meetings, signal decoding devices, online broadcasting software, cameras recording court session proceedings, data storage devices, object projectors used to present documents and evidence during court sessions and meetings.

2. Additional forms of punishment:

Seizure of contraband and means of administrative violation for acts prescribed in Clause 1 of this Article.

Chapter III
AUTHORITY TO IMPOSE PENALTIES, PROCEDURES FOR IMPOSING PENALTIES, ENFORCING DECISIONS ON PENALTIES, AND COMPULSORY ENFORCEMENT OF ADMINISTRATIVE VIOLATION DECISIONS

1. From the time of being assigned, the presiding judge of the court session has the right to:

a) To issue warnings;

b) To impose a fine up to 1,000,000 dong;

c) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding two times the amount of the fine prescribed in point b of this clause.

a) To issue warnings;

b) Impose fines up to 7,500,000 VND;

c) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding two times the amount of the fine prescribed in point b of this clause.

a) To issue warnings;

b) Impose fines up to 40,000,000 VND;

c) To confiscate objects and means of administrative violations;

d) Apply the measures to remedy consequences specified in Points a, b, c, e, g, and h of Clause 1, Article 7 of this Ordinance.

4. The President of the Military Court of the Military Region and equivalent positions have the right to:

a) To issue warnings;

b) Impose fines up to 40,000,000 VND;

c) To confiscate objects and means of administrative violations;

d) Apply the measures to remedy consequences specified in Clause 1, Article 7 of this Ordinance.

1. The head of the public security officers on duty has the right to:

a) To issue warnings;

b) Impose a fine up to 1,200,000 VND.

2. The head of the police station at the commune level, the head of the police post have the right to:

a) To issue warnings;

b) To impose fines up to VND 2,000,000.

c) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding two times the amount of the fine prescribed in point b of this clause.

3. The head of the police department at the district level; the head of the functional departments under the Political Security Department; the head of the functional departments under the Traffic Police Department; the head of the functional departments under the Fire Prevention and Fighting Department; the head of the functional departments under the Cybersecurity and High-Tech Crime Prevention Department; the head of the functional departments under the Exit and Entry Administration Department; the heads of the functional departments under the provincial-level police department including: the head of the Political Security Department, the head of the Social Order Investigation Department, the head of the Corruption, Economy, Smuggling Investigation Department, the head of the Drug Investigation Department, the head of the Traffic Police Department, the head of the Road Traffic Police Department, the head of the Road Traffic Police Department, the head of the Waterway Police Department, the head of the Environmental Crime Prevention Department, the head of the Fire Prevention and Fighting Department, the head of the Cybersecurity and High-Tech Crime Prevention Department, the head of the Exit and Entry Administration Department, the head of the Economic Security Department, the head of the Foreign Security Department have the right to:

a) To issue warnings;

b) Impose a fine up to 8,000,000 VND;

c) To seize objects and means of transportation used in violation of administrative regulations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) Apply the measures to remedy consequences specified in Point d and Point f of Clause 1, Article 7 of this Ordinance.

4. The Director of the provincial-level Public Security Department has the right to:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) To confiscate objects and means of administrative violations;

d) Apply the measures to remedy consequences specified in Points b, d, and f of Clause 1, Article 7 of this Ordinance.

5. The Director of the Social Order Investigation Department, the Director of the Corruption, Economy, Smuggling Investigation Department, the Director of the Drug Investigation Department, the Director of the Traffic Police Department, the Director of the Fire Prevention and Fighting Department, the Director of the Environmental Crime Prevention Department, the Director of the Political Security Department, the Director of the Economic Security Department, the Director of the Internal Security Department, the Director of the Cybersecurity and High-Tech Crime Prevention Department, the Director of the Exit and Entry Administration Department have the right to:

a) To issue warnings;

b) Impose fines up to 40,000,000 VND;

c) To confiscate objects and means of administrative violations;

d) Apply the measures to remedy consequences specified in Points b, d, and f of Clause 1, Article 7 of this Ordinance.

1. The Commander of a Border Guard Post, the Head of the Border Guard Command at border gates and ports has the authority:

a) To issue warnings;

b) Impose a fine up to 8,000,000 VND;

c) To seize objects and means of transportation used in violation of administrative regulations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) Apply the measures to remedy consequences specified in Point d and Point f of Clause 1, Article 7 of this Ordinance.

2. The Head of the Special Task Force against Drugs and Crime under the Anti-Drugs and Crime Department of the Border Guard Command has the authority:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) To seize objects and means of transportation used in violation of administrative regulations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) Apply the measures to remedy consequences specified in Points b, d, and f of Clause 1, Article 7 of this Ordinance.

3. The Head of the Border Guard Force of a province, the Director of the Anti-Drugs and Crime Department under the Border Guard Command has the authority:

a) To issue warnings;

b) Impose fines up to 40,000,000 VND;

c) To confiscate objects and means of administrative violations;

d) Apply the measures to remedy consequences specified in Points b, d, and f of Clause 1, Article 7 of this Ordinance.

1. The Head of a Coast Guard Operational Unit has the authority:

a) To issue warnings;

b) To impose a fine up to 4,000,000 dong.

2. The Head of a Coast Guard Squadron has the authority:

a) To issue warnings;

b) Impose a fine up to 8,000,000 VND;

c) To seize objects and means of transportation used in violation of administrative regulations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) Apply the measures to remedy consequences specified in Point d and Point f of Clause 1, Article 7 of this Ordinance.

3. The Head of a Coast Guard Flotilla, the Head of the Special Task Force against Drug Crimes under the Vietnam Coast Guard Command has the authority:

a) To issue warnings;

b) To impose a fine up to 12,000,000 dong;

c) To seize objects and means of transportation used in violation of administrative regulations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) Apply the measures to remedy consequences specified in Point d and Point f of Clause 1, Article 7 of this Ordinance.

4. The Commander of a Coast Guard Zone, the Director of the Vietnam Coast Guard Department of Operations and Law has the authority:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) To confiscate objects and means of administrative violations;

d) Apply the measures to remedy consequences specified in Point d and Point f of Clause 1, Article 7 of this Ordinance.

5. The Commander of the Vietnam Coast Guard has the authority:

a) To issue warnings;

b) Impose fines up to 40,000,000 VND;

c) To confiscate objects and means of administrative violations;

d) Apply the measures to remedy consequences specified in Point d and Point f of Clause 1, Article 7 of this Ordinance.

1. The Director of a Customs Sub-Department at a border gate has the authority:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

c) To seize objects and means of transportation used in violation of administrative regulations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) Apply the measures to remedy consequences specified in Points b, d, and f of Clause 1, Article 7 of this Ordinance.

2. The Director of the General Department of Customs' Anti-Smuggling Investigation Department, the Director of the General Department of Customs' Post-Clearance Control Department, the Director of a Provincial, Inter-Provincial, or Central City Customs Department has the authority:

a) To issue warnings;

b) Impose fines up to 40,000,000 VND;

c) To confiscate objects and means of administrative violations;

d) Apply the measures to remedy consequences specified in Points b, d, and f of Clause 1, Article 7 of this Ordinance.

1. The Head of a Forest Ranger Station has the authority:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

c) To seize objects and means of transportation used in violation of administrative regulations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) Apply the measures to remedy consequences specified in Points b, d, and f of Clause 1, Article 7 of this Ordinance.

2. The Director of a Forest Ranger Sub-Department, the Director of a Regional Forest Ranger Sub-Department has the authority:

a) To issue warnings;

b) Impose fines up to 40,000,000 VND;

c) To seize objects and means of transportation used in violation of administrative regulations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) Apply the measures to remedy consequences specified in Points b, d, and f of Clause 1, Article 7 of this Ordinance.

3. The Director of the Forest Ranger Department has the authority:

a) To issue warnings;

b) Impose fines up to 40,000,000 VND;

c) To confiscate objects and means of administrative violations;

d) Apply the measures to remedy consequences specified in Points b, d, and f of Clause 1, Article 7 of this Ordinance.

1. A Fisheries Inspector assigned tasks to conduct certain investigative activities has the authority:

a) To issue warnings;

b) To impose fines up to VND 2,000,000.

c) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding two times the amount of the fine prescribed in point b of this clause.

2. The Director of a Regional Fisheries Inspection Sub-Department, the Director of the Fisheries Inspection Department has the authority:

a) To issue warnings;

b) Impose fines up to 40,000,000 VND;

c) To confiscate objects and means of administrative violations;

d) Apply the measures to remedy consequences specified in Points b, d, and f of Clause 1, Article 7 of this Ordinance.

1. The Chairperson of the People's Committee at the commune level has the right to:

a) To issue warnings;

b) To impose a fine up to 4,000,000 dong;

c) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding two times the amount of the fine prescribed in point b of this clause.

2. The Chairperson of the People's Committee at the district level has the right to:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) To confiscate objects and means of administrative violations;

d) To apply measures to remedy consequences as stipulated from point b to point h, Clause 1, Article 7 of this Ordinance.

3. The Chairman of the Provincial People's Committee has the authority to:

a) To issue warnings;

b) Impose fines up to 40,000,000 VND;

c) To confiscate objects and means of administrative violations;

d) To apply measures to remedy consequences as stipulated from point b to point h, Clause 1, Article 7 of this Ordinance.

1. The presiding judge in court hearings imposing penalties for acts obstructing litigation proceedings as provided in Article 11, Clause 1, Article 13, Article 14, Clause 1, Article 16, Clause 1, Article 18, Clause 1 and Clause 2, Article 19, Clause 1 and Clause 2, Article 23 of this Ordinance.

3. The President of the Military Court of a region imposes penalties for acts obstructing litigation proceedings as provided in Clause 1, Article 9, Article 11, Article 12, Clause 1 and Clause 2, Article 13, Article 14, Clause 1, Article 15, Clauses 1, 2 and 3, Article 23 and Article 24 of this Ordinance.

5. The President of the Military Court of a military zone and equivalent imposes penalties for acts obstructing litigation proceedings as provided in Articles from Article 9 to Article 15, Article 23 and Article 24 of this Ordinance.

1. The Head of a People's Public Security Soldier team performing official duties, the Head of the People's Public Security of a commune-level district, and the Head of a Police Station shall impose penalties on acts obstructing litigation activities as stipulated in Article 11, Clause 1 of Article 13, and Article 14 of this Ordinance.

2. The Head of the People's Public Security of a provincial-level district; the Head of the internal political security department under the Political Security Bureau; the Head of the traffic police department under the Traffic Police Corps; the Head of the fire prevention, firefighting, and rescue department under the Fire Prevention, Firefighting, and Rescue Corps; the Head of the cyber security and high-tech crime prevention department under the Cybersecurity and High-Tech Crime Prevention Corps; the Head of the immigration management department under the Immigration Management Corps; the Heads of the provincial-level public security departments including: the Head of the internal political security department, the Head of the social order crime investigation department, the Head of the economic, corruption, and smuggling crime investigation department, the Head of the drug-related crime investigation department, the Head of the traffic police department, the Head of the road traffic police department, the Head of the waterway traffic police department, the Head of the environmental crime prevention department, the Head of the fire prevention, firefighting, and rescue department, the Head of the cybersecurity and high-tech crime prevention department, the Head of the immigration management department, the Head of the economic security department, and the Head of the foreign affairs security department shall impose penalties on acts obstructing litigation activities as stipulated in Clause 1 of Article 9, Clause 1 of Article 10, Article 11, Article 12, Clause 1 and Clause 2 of Article 13, Article 14, and Clause 1 of Article 15 of this Ordinance.

3. The Director of the provincial-level People's Public Security shall impose penalties on acts obstructing litigation activities as stipulated in Clause 1 and Clause 2 of Article 9, Clause 1 and Clause 2 of Article 10, Article 11, Article 12, Clauses 1, 2, and 3 of Article 13, Article 14, Clause 1 and Clause 2 of Article 15 of this Ordinance.

4. The Heads of the Social Order Crime Investigation Corps, the Economic, Corruption, and Smuggling Crime Investigation Corps, the Drug-Related Crime Investigation Corps, the Traffic Police Corps, the Fire Prevention, Firefighting, and Rescue Corps, the Environmental Crime Prevention Corps, the Internal Political Security Corps, the Economic Security Corps, the Domestic Security Corps, the Cybersecurity and High-Tech Crime Prevention Corps, and the Immigration Management Corps shall impose penalties on acts obstructing litigation activities as stipulated in Articles from Article 9 to Article 15 of this Ordinance.

1. The Head of a Border Guard Post, and the Commander of the Border Guard Command at a border gate port shall impose penalties on acts obstructing litigation activities as stipulated in Clause 1 of Article 9, Clause 1 of Article 10, Article 11, Article 12, Clause 1 and Clause 2 of Article 13, Article 14, and Clause 1 of Article 15 of this Ordinance.

2. The Head of the Special Task Force for Drug Control and Crime Prevention under the Drug Control and Crime Prevention Department of the Border Guard Command shall impose penalties on acts obstructing litigation activities as stipulated in Clause 1 and Clause 2 of Article 9, Clause 1 and Clause 2 of Article 10, Article 11, Article 12, Clauses 1, 2, and 3 of Article 13, Article 14, and Clause 1 and Clause 2 of Article 15 of this Ordinance.

3. The Commander of the provincial-level Border Guard Force, and the Drug Control and Crime Prevention Department under the Border Guard Command shall impose penalties on acts obstructing litigation activities as stipulated in Articles from Article 9 to Article 15 of this Ordinance.

1. The Head of the Coast Guard Operational Team shall be assigned to conduct certain investigative activities to impose penalties for acts obstructing litigation as stipulated in Article 11, Clause 1 of Article 13, and Article 14 of this Ordinance.

2. The Commander of the Coast Guard Squadron, the Commander of the Coast Guard Flotilla, and the Commander of the Special Task Force against Drug Crimes under the Vietnam Coast Guard Command shall impose penalties for acts obstructing litigation as stipulated in Clause 1 of Article 9, Clause 1 of Article 10, Article 11, Article 12, Clauses 1 and 2 of Article 13, Article 14, and Clause 1 of Article 15 of this Ordinance.

3. The Commander of the Coast Guard Zone, the Director of the Coast Guard Service and Legal Affairs Department under the Vietnam Coast Guard Command shall impose penalties for acts obstructing litigation as stipulated in Clauses 1 and 2 of Article 9, Clause 1 of Article 10, Article 11, Article 12, Clauses 1, 2, and 3 of Article 13, Article 14, Clauses 1 and 2 of Article 15 of this Ordinance.

4. The Commander of the Vietnam Coast Guard shall impose penalties for acts obstructing litigation as stipulated in Article 9, Clause 1 of Article 10, and Articles from Article 11 to Article 15 of this Ordinance.

1. The Head of the Customs Sub-Department at the Border Gate shall impose penalties for acts obstructing litigation as stipulated in Clauses 1 and 2 of Article 9, Clauses 1 and 2 of Article 10, Article 11, Article 12, Clauses 1, 2, and 3 of Article 13, Article 14, Clauses 1 and 2 of Article 15 of this Ordinance.

2. The Director of the Anti-Smuggling Investigation Department, the Director of the Post-Customs Clearance Inspection Department under the General Administration of Customs, and the Director of the Provincial, Inter-Provincial, and Central City Customs Departments shall impose penalties for acts obstructing litigation as stipulated in Articles from Article 9 to Article 15 of this Ordinance.

1. The Head of the Forest Ranger Station shall impose penalties for acts obstructing litigation as stipulated in Clauses 1 and 2 of Article 9, Clauses 1 and 2 of Article 10, Article 11, Article 12, Clauses 1, 2, and 3 of Article 13, Article 14, Clauses 1 and 2 of Article 15 of this Ordinance.

2. The Head of the Forest Ranger Sub-Department, the Head of the Regional Forest Ranger Sub-Department, and the Director of the Forest Ranger Department shall impose penalties for acts obstructing litigation as stipulated in Articles from Article 9 to Article 15 of this Ordinance.

1. The Fisheries Inspector assigned to conduct certain investigative activities to impose penalties for acts obstructing litigation as stipulated in Article 11, Clause 1 of Article 13, and Article 14 of this Ordinance.

2. The Head of the Regional Fisheries Inspectorate Sub-Department, and the Director of the Fisheries Inspectorate Department shall impose penalties for acts obstructing litigation as stipulated in Articles from Article 9 to Article 15 of this Ordinance.

1. The Chairman of the People's Committee at the Commune Level shall impose penalties for acts obstructing litigation as stipulated in Article 11, Clause 1 of Article 13, Article 14, Article 16, Clause 1 of Article 18, and Clause 1 of Article 19 of this Ordinance.

2. The Chairman of the People's Committee at the District Level shall impose penalties for acts obstructing litigation as stipulated in Clauses 1 and 2 of Article 9, Clauses 1 and 2 of Article 10, Article 11, Article 12, Clauses 1, 2, and 3 of Article 13, Article 14, Clauses 1 and 2 of Article 15, Article 16, Article 17, Clauses 1, 2, and 3 of Article 18, Article 19, Clauses 1 and 2 of Article 21, Clauses 1 and 2 of Article 22 of this Ordinance.

3. The Chairman of the People's Committee at the Provincial Level shall impose penalties for acts obstructing litigation as stipulated in Articles from Article 9 to Article 19, Article 21, and Article 22 of this Ordinance.

1. The authority to impose penalties within the People's Court has the power to impose penalties as provided for in Articles 25 and 33 of this Ordinance against acts obstructing litigation proceedings from the time the People's Court receives and accepts the case.

2. The authority to impose penalties within the Military Court has the power to impose penalties as provided for in Articles 25 and 33 of this Ordinance for:

a) Acts obstructing litigation proceedings from the time the Military Court receives and accepts the case;

b) Acts obstructing litigation proceedings during the stage of handling information on criminal offenses, prosecution initiation, and investigation by agencies and persons authorized within the Military Procuracy, the Central Investigation Agency of the Military Procuracy, the Investigation Agency within the People's Armed Forces, and other agencies within the People's Armed Forces assigned tasks to conduct certain investigative activities, except for Border Guard and Coast Guard;

c) Acts obstructing litigation proceedings during the prosecution stage by agencies and persons authorized within the Military Procuracy.

3. The authority to impose penalties within the Public Security has the power to impose penalties as provided for in Articles 26 and 34 of this Ordinance for:

a) Acts obstructing litigation proceedings during the stage of handling information on criminal offenses, prosecution initiation, and investigation by agencies and persons authorized within the Public Security, the People's Procuracy, and the Supreme Investigation Agency of the People's Procuracy;

b) Acts obstructing litigation proceedings during the prosecution stage by agencies and persons authorized within the People's Procuracy.

4. The authority to impose penalties within the Border Guard has the power to impose penalties as provided for in Articles 27 and 35 of this Ordinance for acts obstructing litigation proceedings during the stage of handling information on criminal offenses, prosecution initiation, and investigation by agencies and persons authorized within the Border Guard.

5. The authority to impose penalties within the Coast Guard has the power to impose penalties as provided for in Articles 28 and 36 of this Ordinance for acts obstructing litigation proceedings during the stage of handling information on criminal offenses, prosecution initiation, and investigation by agencies and persons authorized within the Coast Guard.

6. The authority to impose penalties within Customs has the power to impose penalties as provided for in Articles 29 and 37 of this Ordinance for acts obstructing litigation proceedings during the stage of handling information on criminal offenses, prosecution initiation, and investigation by agencies and persons authorized within Customs.

7. The authority to impose penalties within Forest Rangers has the power to impose penalties as provided for in Articles 30 and 38 of this Ordinance for acts obstructing litigation proceedings during the stage of handling information on criminal offenses, prosecution initiation, and investigation by agencies and persons authorized within Forest Rangers.

8. The authority to impose penalties within Fisheries Inspectors has the power to impose penalties as provided for in Articles 31 and 39 of this Ordinance for acts obstructing litigation proceedings during the stage of handling information on criminal offenses, prosecution initiation, and investigation by agencies and persons authorized within Fisheries Inspectors.

9. The Chairman of the People's Committee has the power to impose penalties as provided for in Articles 32 and 40 of this Ordinance for acts obstructing litigation proceedings during the stages of handling information on criminal offenses, prosecution initiation, investigation, prosecution, and trial by agencies and persons authorized, except for cases specified in Clause 2 of this Article.

Article 42. Administrative Offense Penalty Procedures

1. The administrative offense penalty procedures for acts obstructing judicial proceedings shall be carried out in accordance with Articles 55 to 68 of the Law on Handling Administrative Violations and other relevant laws.

2. For individuals and organizations that obstruct the judicial proceedings of the People's Public Prosecution Office, Military Public Prosecution Office, Investigation Department of the Supreme People's Public Prosecution Office, Investigation Department of the Central Military Public Prosecution Office, Investigation Department within the People's Armed Forces, and other departments within the People's Armed Forces assigned to conduct certain investigative activities, except for Border Guard and Coast Guard, the person authorized to prepare the record must submit the record and related documents to the authority responsible for imposing penalties in accordance with the Law on Handling Administrative Violations, this Decree, and other relevant laws.

Article 43. Preparing Records of Administrative Violations

1. The persons authorized to prepare records regarding acts obstructing judicial proceedings of the People's Court and Military Court include:

a) The person authorized to impose penalties as stipulated in Article 25 of this Decree;

b) Judges assigned to handle cases or matters;

c) Court assessors; court secretaries performing their duties;

d) Other authorized persons of the People's Court or Military Court performing their duties.

2. The persons authorized to prepare records regarding acts obstructing judicial proceedings of the People's Public Prosecution Office, Military Public Prosecution Office, Investigation Department of the Supreme People's Public Prosecution Office, and Investigation Department of the Central Military Public Prosecution Office include:

a) Prosecutors assigned to handle cases or matters;

b) Investigators, investigation officers assigned to handle cases or matters;

c) Inspectors performing their duties;

d) Other authorized persons of the People's Public Prosecution Office, Military Public Prosecution Office, Investigation Department of the Supreme People's Public Prosecution Office, and Investigation Department of the Central Military Public Prosecution Office performing their duties.

a) The person authorized to impose penalties as stipulated in Articles 26 to 31 of this Decree;

b) Investigators assigned to handle cases or matters;

c) Investigation officers performing their duties;

d) Public Security Officers performing their duties;

đ) Other authorized persons within the People's Public Security Force, People's Armed Forces, Border Guard, Coast Guard, Customs, Forest Protection, and Fisheries Inspection performing their duties.

4. The preparation of records of administrative violations shall be conducted in accordance with Article 58 of the Law on Handling Administrative Violations and other relevant laws.

5. If the person authorized to prepare records of administrative violations, related individuals, or organizations make errors in preparing, transferring records of administrative violations, or transferring case files of violations, they will be subject to legal sanctions.

Article 44. Transfer of case files for criminal prosecution and administrative penalty cases

1. When examining a violation to decide on an administrative penalty, if it is found that the acts stipulated in Articles 9, 10, 13, 15; points b and c Clause 1, point a and point c Clause 2, points a, b and c Clause 3, Clause 4 and Clause 5 Article 18; Clause 3 Article 20; Article 21; point c Clause 2, point a Clause 3 and point b Clause 4 Article 23; point b Clause 1 Article 24 and other acts prescribed by this Ordinance have signs of criminal offenses, the competent authority deciding on penalties must immediately transfer the case file to the competent authority conducting criminal proceedings.

The competent authority conducting criminal proceedings shall be responsible for examining, concluding the case, and replying in writing on the resolution results to the transferring competent authority within the time limit prescribed by criminal procedure law; in case no criminal case is initiated, within three days from the date of the decision not to initiate a criminal case, the competent authority conducting criminal proceedings must return the case file to the transferring competent authority deciding on penalties.

2. The transfer of case files for criminal prosecution and administrative penalty cases shall be carried out in accordance with Articles 62 and 63 of the Law on Handling Administrative Violations.

Article 45. Execution of penalty decisions and enforcement of penalty decision execution

1. The execution of administrative penalty decisions and the enforcement of administrative penalty decision execution shall be carried out in accordance with Articles 69 to 88 of the Law on Handling Administrative Violations and other relevant laws.

a) Chairpersons of People's Committees at all levels;

b) Presidents of People's Courts at district level, provincial level, Military Region People's Courts, Military Zone People's Courts and equivalent, specialized division presidents of High People's Courts;

c) Authorities issuing enforcement decisions in the Public Security Force, Border Guard, Coast Guard, Customs, Forest Protection, Fisheries Inspection shall be carried out in accordance with points b, c, d, đ and e Clause 1 Article 87 of the Law on Handling Administrative Violations.

Article 46. Principles, Authority, and Procedures for Applying Preventive Measures and Ensuring Administrative Violation Handling

1. The principles, authority, procedures for applying, revoking or replacing preventive measures and ensuring administrative violation handling against acts obstructing judicial proceedings shall be carried out in accordance with Articles 120 to 129 of the Law on Handling Administrative Violations and other relevant laws.

2. Public Security Forces participating in courtroom security shall be responsible for compelling violators of courtroom regulations to leave the courtroom or arrest and escort them according to the decision of the presiding judge.

Chapter IV
IMPLEMENTING PROVISIONS

Article 47. Effective Date

This Ordinance takes effect from September 1, 2022.

Article 48. Responsibility for Implementation

The Government, Supreme People's Court, Supreme People's Procuracy shall be responsible for organizing the implementation of this Ordinance.

This Ordinance was adopted by the Standing Committee of the National Assembly of the Socialist Republic of Vietnam, Session 15, special legislative session in August, on August 18, 2022.