Circular No. 101/2008/TT-BQP guiding the implementation of administrative penalties for violations in border management and protection.

CIRCULAR

Guidelines for Implementing Administrative Sanctions for Violations in Border Management and Protection

quản lý, bảo vệ biên giới quốc gia ||| management and protection of national borders

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On October 31, 2006, the Government issued Decree No. 129/2006/NĐ-CP on administrative sanctions for violations in border management and protection (hereinafter referred to as Decree No. 129/2006/NĐ-CP); on April 2, 2008, the Standing Committee of the National Assembly issued Ordinance No. 04/2008/UBTVQH12 amending and supplementing certain articles of the Ordinance on Handling Administrative Violations, the Ministry of National Defense guides the implementation of administrative sanctions in border management and protection as follows:

I. GENERAL PROVISIONS

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

1.1. Administrative sanctions for violations in border management and protection shall be applied to individuals and organizations that intentionally or negligently violate state regulations on border management and protection (border rules, border area rules, land border gate rules, sea port rules), which are not criminal offenses and must be subject to administrative sanctions according to Decree No. 129/2006/NĐ-CP.

1.2. The land border area includes communes, wards, towns with administrative boundaries adjacent to the national land border as defined in Decree No. 34/2000/NĐ-CP dated August 18, 2000 of the Government on the rules of the land border area of the Socialist Republic of Vietnam (hereinafter referred to as Decree No. 34/2000/NĐ-CP).

1.3. The maritime border area extends from the national maritime border inland to the administrative boundaries of coastal communes, wards, towns, islands, and island groups as defined in Decree No. 161/2003/NĐ-CP dated December 18, 2003 of the Government on the rules of the maritime border area (hereinafter referred to as Decree No. 161/2003/NĐ-CP).

1.4. The border gate area includes the land border gate area and sea ports:

- The land border gate area consists of specific areas as defined in Decree No. 32/2005/NĐ-CP dated March 14, 2005 of the Government on the rules of the land border gate area (hereinafter referred to as Decree No. 32/2005/NĐ-CP).

- Sea ports include port land and water areas as defined in Article 5 of Decree No. 71/2006/NĐ-CP dated July 25, 2006 of the Government on port management and shipping channels and Decree No. 50/2008/NĐ-CP dated April 21, 2008 of the Government on management and security at sea port gates.

2. Subjects of Administrative Sanctions

2.1. Vietnamese individuals and organizations, foreign individuals and organizations committing administrative violations in border management and protection shall be subject to administrative sanctions. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such treaty provisions shall apply.

2.2. Unemancipated minors committing administrative violations in border management and protection shall be subject to administrative sanctions as provided for in Article 7 of the Ordinance on Handling Administrative Violations.

3. Cases Not Subject to Administrative Sanctions

3.1. Individuals whose violations occur under emergency circumstances.

3.2. Individuals whose violations occur under justifiable self-defense circumstances.

3.3. Individuals who commit violations due to unexpected events.

3.4. Individuals who commit administrative violations while suffering from mental illness or another disease that impairs their ability to understand or control their actions.

3.5. Foreign individuals and organizations entitled to immunity under the Ordinance on Privileges and Immunities for Diplomatic Missions, Consular Posts, and International Organizations' Representative Offices in Vietnam.

3.6. Expiration of the time limit for imposing sanctions as stipulated in Article 4 of Decree No. 129/2006/NĐ-CP.

3.7. Violations exhibiting signs of criminal offenses.

4. Forms of Administrative Sanctions and Measures to Mitigate Consequences

4.1. Warning

The warning sanction is primarily applied to residents in border areas with limited cultural and social education levels, whose motives and purposes for violating due to lack of knowledge or incomplete understanding, and who have committed the violation for the first time, with mitigating circumstances or difficult living conditions confirmed by the People's Committee of their place of residence.

4.2. Fine

Decree No. 129/2006/NĐ-CP stipulates a minimum fine of 100,000 VND and a maximum of 30,000,000 VND. When applying the fine, it must be based on the nature and severity of the violation, aggravating and mitigating circumstances, and the specific subject to determine an appropriate level of punishment.

The specific amount of the fine for a single administrative violation is the midpoint of the fine range prescribed for that violation. If there are mitigating circumstances, the fine can be reduced but not below the minimum of the fine range. If there are aggravating circumstances, the fine may be increased but not beyond the maximum of the fine range.

The midpoint of the fine range is determined by dividing the sum of the minimum and maximum fines by two.

4.3. Measures to Mitigate Consequences

In addition to the measures to mitigate consequences specified in the Ordinance on Handling Administrative Violations, Article 6 of Decree No. 129/2006/NĐ-CP supplements two measures to mitigate consequences applicable to certain violations in border management and protection: being required to leave the border gate area or border area, and returning the shore permit issued to crew members and staff when foreign vessels dock at the port.

When applying these two measures, attention should be paid to:

- The measure requiring individuals and organizations to leave the border gate area or border area applies to those who violate the border area rules and border gate rules, such as unauthorized residence, travel, and illegal occupation within the border area or border gate; foreigners entering the border zone or border area without the required documents.

- The measure requiring the return of the shore permit applies only to foreign crew members and staff of foreign vessels docked at the port who have been granted a shore permit but fail to comply with the permitted time and scope of shore access and the contents recorded in the permit.

II. ADMINISTRATIVE VIOLATIONS PROVIDED FOR IN CHAPTER II OF DECREE NO. 129/2006/NĐ-CP

1. Acts violating regulations on managing and protecting the national border, border markers, and signs indicating the border line (as stipulated in Article 7)

1.1. The act specified in Clause 1, Article 7, Point b, Clause 3, Article 7 is the act of writing, drawing, erasing content recorded on border markers, or acts of damaging, destroying, moving border markers and signs indicating the border line; constructing retaining walls, digging canals, ditches, dumping soil, rocks, waste into border rivers, streams, channels, creeks, or other acts that alter the flow of border rivers, streams, causing distortion of signs indicating the national border line.

1.2. The act specified in Points a and b, Clause 2, Article 7 is the act of printing, copying, publishing maps, books, newspapers, documents about the national border line without permission from competent authorities or incorrectly representing the national border line on land or sea.

1.3. The act specified in Point a, Clause 3, Article 7 is the act of drilling, excavating, or using technological equipment to conduct geological surveys, or the act of extracting sand, gravel, minerals in border areas causing erosion of retaining walls and dams on border rivers, streams, leading to distortion of the national border line or collapse, damage to border markers.

2. Acts violating regulations on crossing the border, encroachment on farmland, settlement, and other acts causing harm to national defense, security, and human health in border areas (as stipulated in Article 8)

2.1. The act of crossing the border without required documents as provided for in Point a, Clause 1, Article 8 refers to the act of residents in border areas (border residents) crossing the border without the following documents:

- For the Vietnam-China border, they must have a border area entry-exit pass (if the pass does not contain a photograph, it must be accompanied by their identification card) or an entry-exit pass for sightseeing or tourism purposes according to the agreement between Vietnam and China.

- For the Vietnam-Laos border, they must have one of the following documents:

+ Border pass;

+ Border certificate or identity card with registered permanent residence in border areas.

+ Border resident certificate.

- For the Vietnam-Cambodia border, they must have one of the following documents:

+ Border certificate or identity card with registered permanent residence in border areas.

+ Border pass.

2.2. The act of crossing the border at unauthorized points as provided for in Point b, Clause 1, Article 8 applies to the following two cases:

- Case 1: Residents in this border area are permitted to cross to the other side but do not go through the designated checkpoints (including international border gates, main border gates, auxiliary border gates, or agreed routes).

Example: People in this border area are permitted to cross to the other side but do not go through the designated checkpoint and instead cross through unauthorized paths or rivers.

- Case 2: Vietnamese citizens or foreigners are permitted to enter or exit but do not go through the designated checkpoints (including main border gates, international border gates) and instead go through auxiliary border gates or agreed routes.

2.3. The act of violating the time limit for crossing the border as provided for in Point b, Clause 1, Article 8 (time spent in Vietnam or abroad) applies to residents in this border area who are permitted to cross to the other side but remain beyond the prescribed time limit under the Agreement on Border Regulations signed between Vietnam and its neighboring country.

Example: For the Vietnam-Laos border, residents in this border area when crossing to the other side are allowed to stay for seven days; if they exceed this period without requesting an extension of temporary residence from the nearest commune authority or border guard post, it constitutes a violation of the time limit for crossing the border (time spent in Vietnam or abroad).

2.4. Renting, lending, or allowing others to rent or borrow border certificates or identity cards with registered permanent residence in border areas, certificates or entry-exit passes for border areas as provided for in Point c, Clause 1, Article 8, when handling such acts, penalties will be imposed on both the lender/renter and the borrower/renter of these documents.

2.5. The act of exceeding the prescribed area while crossing the border as provided for in Point a, Clause 3, Article 8 refers to residents in this border area being permitted to cross to the other side but going beyond the limits of one commune or equivalent administrative unit adjacent to the opposite border.

2.6. The act of smuggling goods, currency, prohibited items across the border as provided for in Point a, Clause 4, Article 8 applies to penalties for residents in border areas and outside border areas, including direct carriers or those who hire transportation services, and those who carry or transport prohibited items across the border.

Prohibited items include: narcotics, weapons, hazardous materials concerning fire and explosion, support tools, subversive documents, harmful cultural products, goods prohibited for export or import as stipulated by the Ministry of Trade (now the Ministry of Industry and Trade).

2.7. The act of encroaching on farmland, gardens, hunting, forest products, minerals, aquatic resources, and other illegal activities across the border as provided for in Point b, Clause 4, Article 8 applies to penalties for both residents in border areas and those outside border areas.

2.8. The act of illegal settlement in border areas as provided for in Point c, Clause 4, Article 8 refers to the act of residents in this border area crossing to the adjacent border area and engaging in one of the following acts: building houses, taking spouses and living or working illegally there.

3. Acts violating regulations on residence, movement, and activities in border areas (as stipulated in Article 9)

3.1. Unauthorized residence in border areas refers to the act of individuals not permitted to reside in border areas as stipulated in Clause 2, Article 4, Decree No. 34/2000/NĐ-CP, specifically:

- Individuals without permanent residence registration in border areas;

- Individuals without permission from the provincial border police authority to reside in border areas.

- Persons not belonging to agencies, organizations, units of armed forces with offices located in border areas on a regular basis;

- Persons currently implementing decisions of competent authorities prohibiting residence in border areas;

- Foreign nationals (except in cases where international treaties to which the Socialist Republic of Vietnam is a member provide otherwise);

3.2. Illegally traveling and operating in border areas refers to the acts of individuals and organizations from Vietnam and foreign countries entering border areas without valid documents or engaging in activities that violate the provisions of Articles 6, 7, 8, and 11 of Decree No. 34/2000/NĐ-CP and Articles 10, 12, 13, 14, 16, 17, 18, 19, 20, and 21 of Decree No. 161/2003/NĐ-CP;

3.3. Engaging in illegal professions in border areas applies to individuals and organizations from Vietnam or foreign countries conducting service, business, or other occupations as prescribed by law that require permits from competent authorities but do not have such permits;

The level of administrative penalties for each of the above violations must be based on the nature, degree of violation, personal circumstances of the violator, and mitigating or aggravating circumstances to determine the form and measures of handling according to Decree No. 129/2006/NĐ-CP;

4. Violations of regulations on managing and protecting border works, signs, restricted zones in border areas (as stipulated in Article 10);

Border works as defined in Clause 3 of Article 10 include: tunnels, trenches for combat and defense, blockhouses, observation towers, border patrol roads, radar systems, radio transmission stations, and other technical facilities serving the tasks of managing and protecting the national border located within land border areas and sea border areas;

5. Violations of regulations concerning persons and means of transport in sea border areas (as stipulated in Article 12);

Administrative violations in sea border areas by persons and means of transport refer to actions violating regulations on managing and protecting the national border, maintaining public security, and social order and safety in sea border areas as prescribed in Decree No. 161/2003/NĐ-CP;

6. Administrative violations in inland waterway traffic occurring in border areas (as stipulated in Article 13);

6.1. Inland waterways as defined in Decree No. 09/2005/NĐ-CP dated January 27, 2005 on penalties for administrative violations in inland waterway traffic include: channels, harbors, structures for transporting vessels over dams, waterfalls on rivers, canals, or channels on lakes, swamps, bays, coves, bays, coastal areas, going to islands, connecting islands within internal waters of the Socialist Republic of Vietnam organized for management and exploitation of transportation;

6.2. When discovering administrative violations in inland waterway traffic occurring in border areas, relevant seaports involved in managing and protecting the national border, the Head of the Border Guard Post and the Commander of the Border Guard Port Command have the authority to impose penalties on violations stipulated in Articles 7, 10, 11, 13, 14, 17, 18, 20, 21, 22, 23, 25, 26, 27, 28, 29, 30, and 31 of Decree No. 09/2005/NĐ-CP;

The level of penalties, authority to impose penalties, and application of remedial measures shall be carried out according to the provisions of Decree No. 09/2005/NĐ-CP;

7. Violations of regulations on entering, exiting, and operating in border gate areas (as stipulated in Article 14);

7.1. The subjects subject to application include persons outside border areas and border residents who violate regulations on entering, exiting, and operating in border gate areas and the act of entering and exiting through non-designated border gates;

7.2. For violations of regulations on exit, entry, and transit by Vietnamese and foreigners, they shall be applied according to the provisions of Article 22 of Decree No. 150/2005/NĐ-CP dated December 12, 2005 on penalties for administrative violations in the field of security and public order;

III. AUTHORITY AND PRINCIPLES OF ADMINISTRATIVE PENALTIES STIPULATED IN CHAPTER III OF DECREE NO. 129/2006/NĐ-CP;

1. Authority to impose administrative penalties;

1.1. Only those persons specified in Articles 15, 16, and 17 of Decree No. 129/2006/NĐ-CP have the authority to impose administrative penalties for administrative violations in managing and protecting the national border;

1.2. Persons authorized to impose administrative penalties as stipulated in Clauses 2, 3, and 4 of Article 15; Article 16; and Article 17 of Decree No. 129/2006/NĐ-CP may delegate their subordinates to exercise the authority to handle administrative violations according to Article 41 of the Administrative Violation Handling Law. Delegation must be done in writing. The delegated subordinate must bear responsibility for their administrative penalty decision before their superior and under the law;

1.3. Article 15 stipulates the authority to impose administrative penalties of the Border Guard:

- Border Guard soldiers performing official duties have the right to issue warnings and impose fines up to 200,000 dong;

- Team leaders and station chiefs of border control stations have the right to issue warnings and impose fines up to 500,000 dong;

- Chiefs of border guard posts, Commanders of border guard port commands, Commanders of border guard fleets, and Commanders of border guard districts have the right to issue warnings and impose fines up to 10,000,000 dong;

- Commanders of provincial border guard units and Commanders of border guard fleets directly under the Border Guard Command have the right to issue warnings and impose fines up to 40,000,000 dong;

Regarding the authority to apply additional penalties and remedial measures, it shall be implemented according to Article 15 of Decree No. 129/2006/NĐ-CP. When handling violations, attention should be paid to:

- The authority to order departure from border gate areas and border areas belongs to the Chief of the Border Guard Post, the Commander of the Border Guard District, and the Commander of the Provincial Border Guard Unit where there is a land border;

- The authority to order the return of shore access permits issued to crew members and staff when foreign ships dock at ports belongs to the Chief of the Border Guard Port Command, the Commander of the Border Guard Port Command, and the Commander of the Provincial Border Guard Unit where there is a sea border;

2. Principles for determining authority;

2.1. In case of administrative violations in border management and protection that fall outside their jurisdiction, the first force to discover such violations must complete the initial legal procedures to transfer them to the Border Guard or the nearest authority with the power to impose penalties for handling.

2.2. For administrative violations in border management and protection that fall within the penalty-imposing authority of multiple individuals, the penalty shall be imposed by the first person to handle it; if there is a dispute over jurisdiction, they must report to their immediate superior for guidance.

2.3. In cases where a single individual commits multiple administrative violations, the authority to impose penalties shall be determined according to the following principles:

- If the form and level of penalty prescribed for each violation all fall within the authority of the person imposing the penalty, then the authority to impose penalties still belongs to that person.

- If the form and level of penalty prescribed for one of the violations exceed the authority of the person imposing the penalty, then that person must transfer the violation case to the authority with the appropriate penalty-imposing power.

- If the violations fall within the penalty-imposing authority of multiple individuals from different sectors, the authority to impose penalties belongs to the Chairman of the People's Committee at the level with the authority to impose penalties where the violation occurred.

2.4. When imposing fines, the authority to impose penalties of those persons specified in Articles 15, Article 16, and Article 17 of Decree No. 129/2006/NĐ-CP is determined based on the maximum amount of the fine framework prescribed for each specific violation. If the maximum fine amount of the framework or supplementary measures, remedial measures expected to be applied do not fall within their authority, they must transfer the violation case to the person with the appropriate authority.

3. Authority to apply preventive measures

Only those persons specified in Clause 3 of Article 15, the Commander of the Border Guard Flotilla, and those persons with authority specified in Articles 16 and 17 of Decree No. 129/2006/NĐ-CP have the authority to apply preventive measures against administrative violations.

When applying preventive measures, the authorized person must comply with the provisions of the Administrative Violation Handling Ordinance and related guiding legal documents.

In cases where it is necessary to promptly prevent administrative violations to ensure proper handling, the authorized person may apply preventive measures based on the nature and consequences of the violation.

3.1. Administrative detention

- Administrative detention can only be applied in cases where it is necessary to immediately stop acts disrupting public order, causing injury to others, or to collect and verify important evidence for administrative decision-making.

- It is strictly prohibited to detain administrative violators in temporary holding cells, criminal detention rooms, or places that do not ensure hygiene and safety for the detained person, infringing upon their life, health, dignity, personality, and property.

- The duration of administrative detention for border management and protection violations starts from the time of detention and cannot exceed 48 hours as stipulated in Clause 3 of Article 44 of the Administrative Violation Handling Ordinance.

- Upon request of the detained person, the person issuing the detention decision must inform their family, workplace, or educational institution. If detaining a minor administrative violator at night or for more than six hours, the person issuing the detention decision must immediately notify their parents or guardians in writing, by phone, fax, or other communication means. If notification is impossible due to objective reasons, the detained person must be informed, and this must be recorded in the administrative detention logbook.

- During detention, all expenses for food, living, and medical treatment (if necessary) of the detained person are the responsibility of themselves or their family. If the detained person or their family cannot afford these expenses, the place of detention has the responsibility to ensure them according to the law.

3.2. Seizure of contraband and means of administrative violations

- Seizure of contraband and means of administrative violations can only be applied when necessary to verify circumstances serving as the basis for decision-making or to immediately prevent administrative violations.

Those with the authority to administratively detain persons also have the right to decide on the seizure of contraband and means of administrative violations. If there is evidence that contraband and means of administrative violations might be disposed of or destroyed without immediate seizure, the team leader and equivalent personnel have the right to issue a decision to seize contraband and means of administrative violations. Within 24 hours of making the decision, the team leader and equivalent personnel must report to their superior who is one of those with the authority to administratively detain persons and obtain their written consent; if consent is not obtained, the team leader and equivalent personnel must immediately revoke the decision and return the seized items.

- The decision to seize contraband and means must be documented according to regulations, and the parties involved and witnesses must sign the record.

- Extending the period of seizure as stipulated in Clause 5 of Article 46 of the Administrative Violation Handling Ordinance must be done in writing.

3.3. Administrative search of person

- An administrative search of person can only be conducted if there is evidence that the person is concealing contraband, documents, or means of administrative violations. Those with the authority to administratively detain persons also have the right to decide on an administrative search of person. If there is evidence that contraband, documents, or means of administrative violations might be disposed of or destroyed without immediate search, police officers, coast guard officers, border guards, forest rangers, and market inspectors while performing their duties can conduct an administrative search of person.

After completing the search, a written report must be made to their superior who is one of those with the authority to administratively detain persons, and they must bear legal responsibility for the search.

- Before conducting a body search, the person executing the search warrant must inform the individual to be searched of the decision. When conducting a body search, the principle of male searching male and female searching female must be followed, with a witness of the same gender present. A record must be established for every body search according to the provisions of the Administrative Violation Handling Ordinance.

3.4. Searching conveyances and objects according to administrative procedures

- The search of conveyances and objects according to administrative procedures may only be conducted if there is evidence that administrative violation items are concealed within the conveyance or object.

- Those authorized to temporarily detain individuals under Article 45 of the Administrative Violation Handling Ordinance, People's Police officers, Coast Guard soldiers, Border Defense troops, Forest Rangers, and market inspectors while performing their duties have the right to search conveyances and objects according to administrative procedures.

- During the search of conveyances and objects, the owner of the conveyance or object, or the driver of the conveyance, and a witness must be present.

If the owner of the conveyance or object is absent, two witnesses must be present and a record must be established according to the prescribed form.

3.5. Searching places where administrative violation items are concealed

- The search of places where administrative violation items are concealed may only be conducted if there is evidence that such items are concealed at those locations.

- Those authorized to temporarily detain individuals have the authority to decide on searching places where administrative violation items are concealed. In cases where the place being searched is a residence, the decision to search must be agreed upon in writing by the Chairman of the People's Committee of the district where the items are concealed before proceeding.

In remote areas where travel is difficult, to ensure that the violator does not dispose of the administrative violation items, the agency conducting the search must implement strict supervision and management measures over the violator and their residence prior to obtaining written agreement from the Chairman of the People's Committee of the district as stipulated.

- When conducting a search of places where administrative violation items are concealed, the owner of the place being searched or a mature family member must be present, along with a witness. If the owner or a mature family member is absent and the search cannot be delayed, representatives of local authorities and two witnesses must be present.

- Searches of places where administrative violation items are concealed may not be conducted at night except in urgent situations, which must be clearly stated in the record. All searches of places where administrative violation items are concealed must be based on a written decision and a record must be established. The decision to search and the record must be provided to the owner of the place being searched.

IV. PROCEDURES FOR ADMINISTRATIVE SANCTIONS AS PROVIDED IN CHAPTER IV OF DECREE 129/2006/ND-CP

Administrative sanctions in border management and protection must comply fully with the procedures and processes specified in the Administrative Violation Handling Ordinance, implementing guidelines, Decree No. 129/2006/ND-CP, and this Circular.

1. Simplified Procedures

1.1. Administrative sanctions imposed through simplified procedures shall be carried out in accordance with Article 54 of the Administrative Violation Handling Ordinance and implementing guidelines, applicable in cases of warnings or fines up to 200,000 dong.

1.2. When imposing sanctions through simplified procedures, the authorized person issuing the sanction decision shall do so on the spot. On-the-spot sanctions do not require a record, except when the administrative violation is discovered through the use of technical equipment. The sanction decision must include all required information as per the prescribed format. In cases where a minor is given a warning, the warning decision must also be sent to the parents, guardians, or school of the minor.

If a fine is imposed, the violator can pay it on the spot to the authorized person imposing the sanction and receive a receipt issued by the Ministry of Finance. If payment is not made on the spot, the violator must pay the fine at the State Treasury within the time frame specified in the decision.

2. Establishing an Administrative Violation Record

2.1. When imposing sanctions for administrative violations exceeding 200,000 dong, the authorized person imposing the sanction must establish an administrative violation record according to Article 55 of the Administrative Violation Handling Ordinance. If the violation is clear and falls within their jurisdiction, they should immediately issue a sanction decision.

2.2. For cases where it is unclear whether the violation is an administrative offense or a crime, the authorized person must establish an administrative violation record and conduct investigations and verifications as prescribed.

2.3. An administrative violation record shall not be established in the following cases:

- If the case clearly indicates a criminal offense as defined in the Penal Code, an administrative violation record shall not be established but a record of immediate arrest of the perpetrator caught in the act of committing a crime must be established to proceed with criminal investigation according to criminal procedure;

- Goods whose ownership, user, or lawful manager cannot be determined; prohibited goods, smuggled goods, goods illegally traded across borders, and conveyances used for transportation shall be subject to the establishment of a temporary seizure record of administrative violation items according to the prescribed form.

3. Handling of Administrative Violation Items and Conveyances

3.1. For items consisting of Vietnamese currency, foreign currency, securities, gold, silver, precious stones, and precious metals, they shall be transferred to the State Treasury; related documents and materials concerning assets shall be transferred to the financial agency of the provincial or centrally-administered city.

3.2. For other items and conveyances such as weapons, auxiliary tools, explosives, toxic substances, radioactive materials, historical and cultural artifacts, national treasures, antiques, rare forest products, and other assets, they shall be transferred to specialized state agencies for management and handling according to the law.

3.3. In respect of seized items that are goods or products prone to damage, the authorized authority confiscating them shall cooperate with the financial agency at the same level to organize immediate public sale. In cases where urgent sale is necessary to ensure the value of the goods or products, the agency issuing the confiscation decision shall organize public sale and simultaneously notify the financial agency at the same level in writing.

The proceeds from the sale shall be deposited into a temporary holding account opened at the State Treasury in accordance with regulations. If there is no decision to confiscate later, the amount shall be returned to the owner or lawful manager/user.

3.4. As for confiscated administrative violation objects, except those specified in points 3.1, 3.2, and 3.3 of this clause, where the owner, lawful manager, or lawful user is unknown or does not claim them, the authorized authority confiscating them must announce on mass media and publicly post at their office premises; within thirty days from the date of public posting, if the owner, lawful manager, or lawful user cannot be identified or does not claim them, the authorized authority must issue a confiscation decision to handle the objects according to Article 61, Clause 1 of the Administrative Violation Handling Ordinance.

3.5. As for legally obtained property that has been stolen or illegally used to commit administrative violations, it shall be returned to the owner, manager, or lawful user.

3.6. In cases where goods or evidence have been sealed, when unsealing, all persons who participated in sealing must be present. If participants in sealing are absent for legitimate reasons, other witnesses must be invited to observe the unsealing process and noted in the record.

4. Decision on Administrative Violation Penalty

4.1. When deciding on an administrative violation penalty, apart from on-the-spot penalties under simplified procedures, the authorized authority may impose on-the-spot penalties for administrative violations in border management and protection occurring in remote areas, along rivers, streams, seas, difficult-to-reach regions, or outside regular working hours, provided that a violation record is established in accordance with Article 55 of the Administrative Violation Handling Ordinance.

The authority imposing penalties is responsible for collecting fines on the spot and depositing them into the State Treasury within seven days from the date of collection; in other cases, within two days. For fines collected on rivers or seas, the deadline is two days from the date of arrival at shore.

4.2. For administrative violations with fines exceeding 200,000 dong that are not subject to on-the-spot penalties, the authorized authority imposing administrative violation penalties must issue a penalty decision within ten days from the date of establishing the violation record.

In cases of complex violations, the deadline for issuing a penalty decision is thirty days from the date of establishing the violation record.

4.3. After issuing a penalty decision, the authority imposing penalties must organize enforcement of the decision within ten days from the date of delivering the penalty decision to the penalized organization or individual; beyond this period, if the penalized organization or individual does not voluntarily comply with the decision, a coercive enforcement decision must be issued within their authority or proposed to a higher authority to enforce the penalty decision according to the law.

4.4. When deciding on penalties for multiple administrative violations committed by one person, the authorized authority shall issue only one penalty decision specifying the form and level of penalty for each violation; if the penalties are fines, they shall be combined into a total fine.

4.5. The penalty decision must be sent to the penalized individual or organization and the revenue collection agency within three days from the date of issuance.

4.6. After issuing an administrative penalty decision (including warnings or fines), the issuing agency must notify the local authorities where the penalized person resides or inform their workplace, school, or place of study to coordinate and manage citizen education.

5. Authority to Issue Coercive Enforcement Decisions.

The following individuals have the authority to issue coercive enforcement decisions and are responsible for organizing their enforcement:

5.1. Head of Border Guard Post.

5.2. Commander of Border Guard Port.

5.3. Commander of Provincial Border Guard Force.

5.4. Commander of Coastal Border Guard Battalion under the Border Guard Command.

6. Transfer of Violation Case Files with Criminal Indicators for Criminal Prosecution.

6.1. When examining a violation case to decide on an administrative penalty, if the violation is suspected of being criminal, the authorized authority must immediately transfer the violation file to the competent criminal prosecution agency.

It is strictly prohibited to retain violation cases with criminal indicators for administrative penalties.

6.2. In cases where an administrative penalty decision has already been issued, if it is subsequently discovered that the violation has criminal indicators and the statute of limitations for criminal prosecution has not expired, the decision maker must revoke the decision and transfer the violation file to the competent criminal prosecution agency within three days from the date of revoking the penalty decision.

6.3. In cases where the violation file has been transferred to the competent criminal prosecution agency as stipulated in point 6.1 of this clause, but upon review, the violation does not meet the elements of a crime but has administrative violation indicators, the authority of the criminal prosecution agency must issue a decision to return the violation file to the authority imposing administrative penalties and send the file together with the decision to the authority imposing penalties within three days from the date of issuing the decision. The authority imposing penalties must issue a penalty decision for the violation according to the law.

V. IMPLEMENTATION

1. This Circular takes effect fifteen days after its publication in the Official Gazette.

2. The Border Guard Command shall be responsible for:

Directing the Border Guard Commands of provinces and centrally governed cities to take the lead, in coordination with the Departments of Justice and relevant sectors, in advising the People's Committees at the provincial level to organize the dissemination of the contents of Decree No. 129/2006/NĐ-CP and this Circular to all levels and sectors within their localities; promoting and widely publicizing among the masses to ensure uniform implementation in accordance with the regulations;

Supervising, urging, and inspecting the organization and implementation. Conducting mid-year reviews annually and reporting the results of the organization and implementation to the Ministry of National Defense.