This Decree stipulates administrative sanctions for violations in the field of fire prevention, firefighting, and rescue operations applicable to individuals and organizations, both domestic and foreign. The forms of punishment include warning, fines, suspension of activities for a period, revocation of license usage rights, and measures to rectify consequences. The maximum fine amount is 50 million VND for individuals and double this amount for organizations.
적용 범위
Individuals and organizations from Vietnam; individuals and organizations from abroad who commit violations within the territory of Vietnam.
핵심 사항
- Individuals/organizations may be subject to a warning or a fine ranging from 300,000 VND to 50,000,000 VND depending on the severity of the violation, and may have their license usage rights revoked.
- Individuals/organizations shall not violate regulations concerning propaganda, dissemination of knowledge, and professional training in fire prevention and firefighting; issuance of internal rules, signs, and directional boards; establishment and management of Fire Prevention and Fighting Rescue Teams.
- Individuals/organizations shall not violate regulations concerning documentation, inspection, use of fire sources, heat sources, ignition devices, heating devices; installation and use of electricity; fire safety and firefighting in the management, storage, and use of hazardous materials and goods.
- Individuals/organizations shall not violate regulations concerning transportation of hazardous materials and goods related to fire and explosion; mandatory fire and explosion insurance; design appraisal, acceptance of fire prevention and firefighting.
- Individuals/organizations shall not violate regulations concerning circulation of firefighting, rescue equipment; equipping and installing firefighting, rescue equipment.
🌐 이 문서의 사회적 영향
- Positive impact: Enhance fire prevention, firefighting, and rescue safety, reduce fire risks and losses caused by explosions.
- Negative impact: Increased costs for organizations due to compliance with regulations on equipping and maintaining fire alarm and firefighting systems; may cause difficulties in business operations.
❓ 자주 묻는 질문
Which individual/organization is responsible for imposing administrative sanctions for violations?
The Chairman of the People's Committee at the commune level and competent authorities such as the Public Security Force, Border Guard, Forest Rangers, Fisheries Inspectorate, Coast Guard, Inspection.
What is the maximum fine amount?
50,000,000 VND for individuals and double this amount for organizations.
Which individual/organization may have their license usage rights revoked?
Business organizations, specialized management agencies such as the Public Security Force, Forest Rangers, Fisheries Inspectorate, Coast Guard, Inspection.
Which individual/organization may be suspended from operating?
Business organizations, specialized management agencies such as the Public Security Force, Forest Rangers, Fisheries Inspectorate, Coast Guard, Inspection.
What is the specific fine amount for each violation?
Specifically, from 300,000 VND to 50,000,000 VND depending on the severity of the violation, such as a warning or a fine from 1,000,000 VND to 50,000,000 VND for failing to equip or install firefighting, rescue equipment.
전문
| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIETNAM |
| Independence - Freedom - Happiness | |
| Number: 106/2025/NĐ-CP | Hanoi, May 15, 2025 |
DECREE
Decree on administrative sanctions for violations in the field of fire prevention, firefighting, and rescue operations
______________
On the basis of Enterprise Lawdated February 18, 2025;
On the basis of Decree No. 26/2024/NĐ-CP dated September 15, 2024 of the Government amending and supplementing certain articles of Decree No. June 20, 2012; Amended and supplemented Law on Fire Prevention, Firefighting, and Rescue OperationsDecree No. 26/2024/NĐ-CP dated September 15, 2024 of the Government amending and supplementing certain articles of Decree No. dated November 13, 2020;
On the basis of The Government promulgates this Decree on administrative sanctions for violations in the field of fire prevention, firefighting, and rescue operations. November 29, 2024;
The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.
1. This Decree stipulates administrative sanctions for violations in the field of fire prevention, firefighting, and rescue operations, including: acts of administrative violation, forms and levels of sanction, measures to remedy consequences for each act of administrative violation, authority to issue violation records, authority to impose sanctions, specific monetary fines according to each position for acts of administrative violation in the field of fire prevention, firefighting, and rescue operations.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
2. For acts of administrative violation in other state management fields related to the field of fire prevention, firefighting, and rescue operations that are not specified in this Decree, the provisions of Decrees stipulating administrative sanctions in those fields shall be applied for imposition of sanctions.
3. In cases of violations concerning forest fire prevention and firefighting, they shall be implemented according to the provisions of the Decree on administrative sanctions in the forestry sector. If acts of administrative violation concerning forest fire prevention and firefighting are not specified in the Decree on administrative sanctions in the forestry sector, they shall be subject to sanctions according to the provisions of this Decree.
1. Vietnamese individuals and organizations; foreign individuals and organizations committing administrative violations in the field of fire prevention, firefighting, and rescue operations within the territory, internal waters, territorial sea, contiguous zone, exclusive economic zone, and continental shelf of the Socialist Republic of Vietnam; on aircraft with Vietnamese nationality, ships flying the flag of Vietnam, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.
Article 2. Applicability
a) Economic organizations established under the Enterprise Law, including: private enterprises, joint-stock companies, limited liability companies, partnerships, and affiliated units of enterprises;
2. Organizations referred to in Clause 1 of this Article include:
b) Economic organizations established under the Law on Cooperatives, including: cooperatives, cooperative unions, cooperative groups, and affiliated units of cooperatives;
c) Organizations established under the Investment Law, including: domestic investors, foreign investors (excluding individuals), and economic organizations with foreign investment;
d) Organizations established under the Commercial Law;
e) Political organizations, political-social organizations, social organizations, and occupational social organizations;
f) State agencies;
g) Public service units;
h) Management boards of apartment buildings operating under the management board model, having legal personality;
i) Organizations directly managing facilities in accordance with the Law on Fire Prevention, Firefighting, and Rescue Operations;
k) Other organizations established in accordance with the law.
3. Individuals authorized to issue violation records, authority to impose administrative sanctions, and organizations and individuals related to the imposition of administrative sanctions in the field of fire prevention, firefighting, and rescue operations as stipulated in this Decree.
3. The authorized person to prepare the record of violation, the authority to impose administrative penalties, and organizations and individuals related to the imposition of administrative penalties in the field of fire prevention, firefighting, and rescue as provided for in this Decree.
Article 3. Forms of administrative penalties and measures to remedy consequences
1. The main forms of administrative penalties in the field of fire prevention, firefighting, and rescue include:
a) Warning;
b) Fine.
2. Supplementary forms of administrative penalties in the field of fire prevention, firefighting, and rescue include:
a) Suspension of activities for a limited period;
b) Confiscation of objects involved in administrative violations;
c) Revocation of the right to use permits for design review documents on fire prevention and firefighting, and acceptance results of fire prevention and firefighting inspections from six months to twelve months.
3. Measures to remedy consequences in the field of fire prevention, firefighting, and rescue include:
a) Remedial measures prescribed in point a, Clause 1, Article 28 of the Law on Handling Administrative Violations;
b) Other measures specified in this Decree.
4. Procedures for implementing remedial measures to compel the return of altered or falsified permits:
a) The authority issuing the decision, individuals, and organizations violating the regulations must implement the remedial measures to compel the return of altered or falsified permits according to the provisions of Clauses 1, 2, 3, and 4, Article 85 of the Law on Handling Administrative Violations;
b) The authority issuing the decision to implement remedial measures under point a of this clause must notify in writing the agency or person who issued the permit.
5. Authorities and persons authorized to impose administrative penalties shall revoke the right to use permits in electronic form previously issued on an electronic environment for violations in the field of fire prevention, firefighting, and rescue according to the provisions of Clause 6, Article 15 of this Decree on an electronic environment. The revocation of the right to use design review documents on fire prevention and firefighting, and acceptance results of fire prevention and firefighting inspections will be updated in the Fire Prevention and Rescue Database System built, managed, and applied electronically by the Ministry of Public Security according to the regulations.
Article 4. Amounts of fines in the field of fire prevention, firefighting, and rescue
1. The maximum amount of fine in the field of fire prevention, firefighting, and rescue for individuals is up to 50,000,000 VND. For organizations committing the same violation, the fine amount is twice that imposed on individuals.
2. The amounts of fines stipulated in Chapter II of this Decree apply to individual acts of administrative violations.
3. Households, business households, and community residents violating the provisions of this Decree shall be subject to the fines applicable to individual administrative violations.
Article 5. Statute of Limitations for Administrative Sanctions
1. The statute of limitations for administrative penalties in the field of fire prevention, firefighting, and rescue is one year.
2. The duration of using results collected through technical equipment by authorities, individuals, and organizations authorized to impose administrative penalties, which manage such technical equipment, is calculated from the time the technical equipment records the results until the end of the statute of limitations for administrative penalties as provided for in Clause 1, Article 6 of the Law on Handling Administrative Violations.
Beyond this period, if the authority authorized to impose administrative penalties does not issue a penalty decision within its jurisdiction, the results collected through technical equipment lose their validity.
3. The time point for calculating the statute of limitations for administrative penalties is defined as follows:
a) For completed acts of administrative violations, the statute of limitations starts from the completion date of the violation;
b) For ongoing acts of administrative violations, the statute of limitations starts from the discovery date of the violation;
c) For violations discovered through technical equipment, the completion date of the violation is considered from the recording date of the technical equipment.
4. The time point for calculating the statute of limitations for administrative penalties as provided for in Clause 3 of this Article in specific cases is defined as follows:
a) The completion date of the violation for calculating the statute of limitations for administrative penalties as provided for in Clauses 1 and 2, Article 18 of this Decree is calculated from the date of handover of the construction project, construction component, or transportation vehicle as prescribed;
b) The completion date of the violation for calculating the statute of limitations for administrative penalties as provided for in Clauses 3 and 4, Article 18 of this Decree is calculated from the date the construction project, construction component, or transportation vehicle ceases operation.
5. Authorities authorized to impose penalties base their determination of the time point for calculating the statute of limitations on relevant files and documents in accordance with the provisions of the Law on Handling Administrative Violations and other related laws.
Chapter II
ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF PENALTY
AND REMEDIAL MEASURES TO MITIGATE CONSEQUENCES
Article 6. Violations concerning propaganda, dissemination of knowledge and laws, training, and professional development on fire prevention, firefighting, rescue, and emergency response
1. A warning or a fine of VND 300,000 to VND 500,000 shall be imposed for damaging banners, slogans, posters, placards, or promotional images related to fire prevention, firefighting, rescue, and emergency response.
2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for failing to organize propaganda, dissemination, and education on knowledge and laws regarding fire prevention, firefighting, and rescue for the subjects specified in Article 8 of the Law on Fire Prevention, Firefighting, Rescue, and Emergency Response.
3. A fine of VND 4,000,000 to VND 6,000,000 shall be imposed for failing to organize annual professional development on fire prevention, firefighting, rescue, and emergency response for the subjects specified in Points c, d, đ, e, and g of Clause 1, Article 45 of the Law on Fire Prevention, Firefighting, Rescue, and Emergency Response who have already received professional training.
4. A fine of VND 6,000,000 to VND 8,000,000 shall be imposed for using subjects specified in Points d, đ, e, and g of Clause 1, Article 45 of the Law on Fire Prevention, Firefighting, Rescue, and Emergency Response to perform fire prevention, firefighting, rescue, and emergency response tasks without having received professional training.
5. Measures to remedy consequences:
a) Order restoration to the original state for violations stipulated in Clause 1 of this Article;
b) Order organization of professional development on fire prevention, firefighting, rescue, and emergency response for violations stipulated in Clause 3 of this Article;
c) Order organization of professional training on fire prevention, firefighting, rescue, and emergency response for violations stipulated in Clause 4 of this Article.
Article 7. Violations concerning issuance and posting of internal regulations, prohibitory signs, warning signs, and directional signs on fire prevention, firefighting, rescue, and emergency response
1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:
a) Issuing internal regulations on fire prevention, firefighting, rescue, and emergency response that do not contain sufficient content as prescribed or are not suitable for the characteristics and nature of activities of the premises or means of transportation;
b) Posting internal regulations, warning signs, prohibitory signs, and directional signs on fire prevention, firefighting, rescue, and emergency response at incorrect locations as prescribed.
2. A fine of VND 4,000,000 to VND 6,000,000 shall be imposed for failing to maintain internal regulations, warning signs, prohibitory signs, and directional signs on fire prevention, firefighting, rescue, and emergency response that have been posted.
3. A fine of VND 6,000,000 to VND 8,000,000 shall be imposed for failing to issue or post internal regulations, warning signs, prohibitory signs, and directional signs on fire prevention, firefighting, rescue, and emergency response.
Article 8. Violations concerning establishment and management of grassroots Fire Prevention, Firefighting, Rescue, and Emergency Response Teams, specialized Fire Prevention, Firefighting, Rescue, and Emergency Response Teams; allocation of personnel to perform fire prevention, firefighting, rescue, and emergency response tasks
||| 1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts:
a) Establishing grassroots Fire Prevention, Firefighting, Rescue, and Emergency Response Teams, specialized Fire Prevention, Firefighting, Rescue, and Emergency Response Teams without ensuring the number of personnel as prescribed;
b) Organizations operating within premises failing to assign personnel to join grassroots Fire Prevention, Firefighting, Rescue, and Emergency Response Teams.
2. A fine of VND 6,000,000 to VND 8,000,000 shall be imposed for any of the following acts:
a) Failing to allocate personnel to perform fire prevention, firefighting, rescue, and emergency response tasks at premises under fire prevention and firefighting management with fewer than 20 regular employees;
b) Failing to arrange a location for firefighting and rescue duty for grassroots Fire Prevention, Firefighting, Rescue, and Emergency Response Teams, specialized Fire Prevention, Firefighting, Rescue, and Emergency Response Teams.
3. A fine of VND 8,000,000 to VND 10,000,000 shall be imposed for failing to arrange forces and equipment of grassroots Fire Prevention, Firefighting, Rescue, and Emergency Response Teams, specialized Fire Prevention, Firefighting, Rescue, and Emergency Response Teams to perform daily firefighting and rescue duties.
4. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for failing to establish grassroots Fire Prevention, Firefighting, Rescue, and Emergency Response Teams.
5. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for failing to establish specialized Fire Prevention, Firefighting, Rescue, and Emergency Response Teams.
Article 9. Violation of regulations on fire prevention, firefighting, rescue documentation
1. A fine of VND 1,000,000 to VND 3,000,000 for the act of not having sufficient documents in the fire prevention, firefighting, rescue documentation.
2. A fine of VND 5,000,000 to VND 7,000,000 for the act of not establishing fire prevention, firefighting, rescue documentation.
Article 10. Violation of inspection regulations on fire prevention, firefighting
||| 1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts:
a) Not presenting fire prevention, firefighting, rescue documentation for inspection purposes.
b) Submitting reports on the implementation of fire prevention, firefighting, rescue work of the facility beyond the prescribed deadline.
c) Not implementing requirements on fire prevention, firefighting, rescue as stated in the recommendation letter for the facility to address existing shortcomings.
2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:
a) Not arranging authorized personnel responsible for working with the authorized inspector after receiving notification of the fire prevention, firefighting inspection.
b) Not submitting reports on the implementation of fire prevention, firefighting, rescue work of the facility.
3. A fine of VND 10,000,000 to VND 20,000,000 for the act of not conducting regular self-inspection on fire prevention, firefighting.
4. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:
a) Not complying with the decision to suspend operations temporarily in the administrative penalty decision in the field of fire prevention, firefighting, and rescue issued by the authorized person.
b) Not complying with the decision to temporarily suspend or suspend operations according to the law on fire prevention, firefighting, and rescue.
Article 11. Violation of regulations on fire prevention, firefighting in the use of fire sources, heat sources, ignition equipment, heating equipment
1. A fine of VND 5,000,000 to VND 10,000,000 for the act of using fire sources, heat sources, ignition equipment, heating equipment without ensuring the required fire prevention, firefighting distance as prescribed.
2. A fine of VND 20,000,000 to VND 25,000,000 for any of the following acts:
a) Using fire sources, heat sources, ignition equipment, heating equipment in areas where such use is prohibited.
b) Welding, cutting metal without fire prevention, firefighting measures as prescribed.
3. A fine twice the amount of the fine specified in Clause 1 and Clause 2 of this Article when a fire occurs but does not reach the level of criminal responsibility pursuit.
Article 12. Violation of regulations on fire prevention, firefighting in the installation, use of electricity
1. A fine of VND 6,000,000 to VND 8,000,000 for the act of installing, using electrical wiring, electrical equipment, circuit breakers, protective devices that do not ensure fire safety.
2. A fine of VND 10,000,000 to VND 15,000,000 for the act of not maintaining explosion-proof electrical equipment that has been installed.
3. A fine of VND 20,000,000 to VND 25,000,000 for the act of not installing, using explosion-proof electrical equipment.
4. A fine of VND 40,000,000 to VND 50,000,000 for any of the following acts:
a) Not having fire prevention measures for centralized electric vehicle charging areas indoors.
b) Not having an electrical system for fire prevention and firefighting.
c) Not maintaining power supply for fire prevention and firefighting.
5. A fine twice the amount of the fine specified in Clauses 1, 2, and Clause 3 of this Article when a fire occurs but does not reach the level of criminal responsibility pursuit.
6. Measures to remedy consequences:
Order to implement fire prevention measures for violations stipulated in point a, Clause 4 of this Article.
Article 13. Violations of fire safety and firefighting regulations in the installation, inspection, and maintenance of grounding and lightning protection systems
1. A fine of VND 1,000,000 to VND 3,000,000 for failing to regularly inspect and maintain grounding and lightning protection systems.
2. A fine of from VND 10,000,000 to VND 15,000,000 for any of the following actions:
a) Installing grounding and lightning protection systems that do not comply with regulations;
b) Failing to maintain installed grounding and lightning protection systems.
3. A fine of VND 20,000,000 to VND 25,000,000 for failing to install grounding and lightning protection systems on buildings and structures.
4. A fine twice the amount specified in Clauses 1, 2, and 3 of this Article shall be imposed if a fire occurs but does not reach the level of criminal prosecution.
Article 14. Violations of fire prevention and firefighting regulations in the management, storage, and use of flammable and explosive materials and goods
||| 1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts:
a) Arranging or placing flammable and explosive materials and goods in violation of regulations;
b) Storing flammable and explosive materials and goods in excess of the permitted quantity or volume.
2. A fine of VND 5,000,000 to VND 10,000,000 for storing or using flammable and explosive materials and goods in unauthorized locations.
3. A fine of VND 10,000,000 to VND 15,000,000 for creating an environment with flammability and explosivity indices exceeding the lower limit of the ignition concentration range.
4. A fine of VND 20,000,000 to VND 25,000,000 for illegally storing flammable and explosive materials and goods without reaching the level of criminal prosecution.
5. A fine of VND 45,000,000 to VND 50,000,000 for improperly using flammable and explosive materials and goods without reaching the level of criminal prosecution.
6. A fine twice the amount specified in Clauses 1, 2, 3, and 4 of this Article shall be imposed if a fire occurs but does not reach the level of criminal prosecution.
7. Additional forms of administrative sanction:
Seizure of contraband items for violations stipulated in Clauses 4 and 5 of this Article.
8. Measures to remedy consequences:
a) Compelling reduction in the quantity or volume of flammable and explosive materials and goods for violations stipulated in point b Clause 1 of this Article;
b) Compelling relocation of flammable and explosive materials and goods to authorized locations for violations stipulated in Clause 2 of this Article.
Article 15. Violations of fire prevention and firefighting regulations in the production and business of flammable and explosive materials and goods
||| 1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts:
a) Failing to maintain leak detection equipment for flammable and explosive materials and goods that have been installed;
b) Failing to maintain static electricity protection equipment and systems that have been installed.
2. A fine of from VND 10,000,000 to VND 15,000,000 for any of the following actions:
a) Failing to install leak detection equipment for flammable and explosive materials and goods;
b) Failing to install static electricity protection equipment and systems.
3. A fine of VND 20,000,000 to VND 25,000,000 for any of the following acts:
a) Transferring, decanting, or refilling flammable and explosive materials and goods in unauthorized locations;
b) Transferring, decanting, or refilling flammable and explosive materials and goods into containers of incorrect type or unsuitable for the material or good.
4. A fine of VND 40,000,000 to VND 50,000,000 for producing or trading flammable and explosive materials and goods illegally without reaching the level of criminal prosecution.
5. A fine twice the amount specified in Clauses 1, 2, and 3 of this Article shall be imposed if a fire occurs but does not reach the level of criminal prosecution.
6. Additional forms of punishment:
a) Seizure of contraband items for violations stipulated in point b Clause 3 and Clause 4 of this Article;
b) Suspension of the right to use permits for design approval documents on fire prevention and firefighting and acceptance results on fire prevention and firefighting from six to twelve months for violations stipulated in Clause 4 of this Article.
Article 16. Violations in the transportation of flammable and explosive substances and goods
1. A fine of from three million to five million Vietnamese dong shall be imposed for arranging and positioning flammable and explosive substances and goods on transport vehicles without ensuring fire safety.
2. A fine of from five million to seven million Vietnamese dong shall be imposed for any of the following acts:
a) Failing to maintain fire safety conditions of transport vehicles when transporting flammable and explosive substances and goods;
b) Transporting other goods together with flammable and explosive substances and goods without permission on the same transport vehicle;
c) Carrying persons not on duty on transport vehicles carrying flammable and explosive substances and goods.
3. A fine of from twenty million to twenty-five million Vietnamese dong shall be imposed for any of the following acts:
a) Failing to implement fire safety conditions when loading, unloading, pumping, or transferring flammable and explosive substances and goods out of transport vehicles;
b) Failing to maintain fire safety measures for equipment and pipelines conveying flammable gases and liquids;
c) Loading, unloading, pumping, or transferring flammable and explosive substances and goods at locations that do not ensure fire safety.
4. The amount of fine shall be doubled for the violations stipulated in Clause 1, Point a and Point b Clause 2, and Clause 3 of this Article when a fire occurs but does not reach the level of criminal prosecution.
5. Measures to remedy consequences:
a) Order to maintain fire safety conditions of transport vehicles when transporting flammable and explosive substances and goods for the violation stipulated in Point a Clause 2 of this Article;
b) Order to maintain fire safety measures for equipment and pipelines conveying flammable gases and liquids for the violation stipulated in Point b Clause 3 of this Article;
c) Order to load, unload, pump, or transfer flammable and explosive substances and goods at locations that ensure fire safety for the violation stipulated in Point c Clause 3 of this Article.
Article 17. Violations concerning mandatory fire and explosion insurance
1. A fine of from ten million to fifteen million Vietnamese dong shall be imposed for any of the following acts:
a) Purchasing mandatory fire and explosion insurance at a premium rate that does not comply with the prescribed mandatory fire and explosion insurance premium rate for facilities required to purchase such insurance;
b) Paying from fifty percent to less than one hundred percent of the total amount allocated for fire prevention, firefighting, rescue, and emergency response activities from mandatory fire and explosion insurance as prescribed.
2. A fine of from twenty million to thirty million Vietnamese dong shall be imposed for paying less than fifty percent of the total amount allocated for fire prevention, firefighting, rescue, and emergency response activities from mandatory fire and explosion insurance as prescribed.
3. A fine of from thirty million to forty million Vietnamese dong shall be imposed for failing to purchase mandatory fire and explosion insurance for facilities with fire and explosion risks classified as Group 2 under laws on fire prevention, firefighting, rescue, and emergency response.
4. A fine of VND 40,000,000 to VND 50,000,000 for any of the following acts:
a) Failing to purchase mandatory fire and explosion insurance for facilities with fire and explosion risks classified as Group 1 under laws on fire prevention, firefighting, rescue, and emergency response;
b) Failing to pay the amount allocated for fire prevention, firefighting, rescue, and emergency response activities from mandatory fire and explosion insurance as prescribed.
Article 18. Violations concerning the review of fire prevention and fighting design and acceptance for fire prevention and fighting
1. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on any of the following acts:
a) Converting, supplementing functions, or renovating construction works or parts thereof during use which require a review of fire prevention and fighting design without having a design review document for fire prevention and fighting from the specialized management agency;
b) Altering transportation means during use which require a review of fire prevention and fighting design without having a design review document for fire prevention and fighting from the specialized management agency.
2. A fine of VND 20,000,000 to VND 25,000,000 shall be imposed on the act of constructing construction works or parts thereof or producing, assembling, or building new transportation means which require a review of fire prevention and fighting design without having a design review document for fire prevention and fighting from the specialized management agency.
3. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed on the act of putting into operation and using construction works, parts thereof, or transportation means that have been reviewed for fire prevention and fighting design or design review for fire prevention and fighting without having an approval document for the acceptance results for fire prevention and fighting from the specialized management agency.
4. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed on the act of putting into use and operating construction works, parts thereof, or transportation means which require a review of fire prevention and fighting design without having a design review document for fire prevention and fighting and an approval document for the acceptance results for fire prevention and fighting from the specialized management agency.
5. The amount of fine shall be doubled for the violations stipulated in Clause 1 and Clause 2 of this Article when a fire occurs but does not reach the level of criminal responsibility pursuit.
6. Additional forms of punishment:
a) Suspension of activities for three to six months for the violation stipulated in Clause 3 of this Article;
b) Suspension of activities for six to twelve months for the violation stipulated in Clause 4 of this Article.
Article 19. Violations concerning the circulation of firefighting, rescue, and fire prevention and extinguishing materials and components
1. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on the act of altering, erasing, or falsifying the content of the permit for the circulation of firefighting, rescue, and fire prevention and extinguishing materials and components.
2. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed on any of the following acts:
a) Trading or circulating firefighting, rescue, and fire prevention and extinguishing materials and components without a permit;
b) Using false documents to apply for a permit for the circulation of firefighting, rescue, and fire prevention and extinguishing materials and components.
3. Measures to remedy consequences:
a) Compelling the return of the permit for the circulation of firefighting, rescue, and fire prevention and extinguishing materials and components to the issuing authority for the violations stipulated in Clause 1 and point b of Clause 2 of this Article;
b) Compelling the withdrawal of firefighting, rescue, and fire prevention and extinguishing materials and components for the violations stipulated in point a of Clause 2 of this Article.
Article 20. Violation of regulations on equipping and installing fire prevention, firefighting, rescue, and evacuation equipment
1. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for the act of equipping ordinary firefighting equipment and simple demolition tools that do not meet the prescribed requirements.
2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of failing to equip and install ordinary firefighting equipment and simple demolition tools.
3. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for the act of equipping and installing emergency lighting, evacuation guidance signs, and other equipment that do not meet the prescribed requirements.
4. A fine of VND 8,000,000 to VND 10,000,000 shall be imposed for the act of equipping fire prevention, firefighting, rescue, and evacuation equipment for the grassroots fire brigade and specialized fire brigade that do not meet the prescribed requirements.
5. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the act of failing to equip and install emergency lighting, evacuation guidance signs, and other equipment.
6. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for the act of failing to equip fire prevention, firefighting, rescue, and evacuation equipment for the grassroots fire brigade.
7. A fine of VND 20,000,000 to VND 25,000,000 shall be imposed for the act of failing to equip fire prevention, firefighting, rescue, and evacuation equipment for the specialized fire brigade.
8. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following acts:
a) Equipping and installing fire alarm system equipment that does not meet the prescribed requirements;
b) Equipping and installing firefighting system equipment that does not meet the prescribed requirements.
9. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for any of the following acts:
a) Failing to equip and install the fire alarm system;
b) Failing to equip and install the firefighting system;
c) Failing to equip mechanical firefighting, rescue, and evacuation equipment.
10. A fine twice the amount of the monetary penalty specified in Clauses 2, 5, 6, and Clause 7 of this Article shall be imposed when a fire occurs but does not reach the level of criminal prosecution.
11. Additional forms of punishment:
Suspension of operation for three to six months for violations stipulated in points a and b of Clause 9 of this Article.
12. Measures to remedy consequences:
a) Order to equip ordinary firefighting equipment and simple demolition tools for the violation stipulated in Clause 1 of this Article;
b) Order to equip and install emergency lighting, evacuation guidance signs, and other equipment for the violation stipulated in Clause 3 of this Article;
c) Order to equip fire prevention, firefighting, rescue, and evacuation equipment for the grassroots fire brigade and specialized fire brigade for the violation stipulated in Clause 4 of this Article;
d) Order to equip and install the fire alarm system for the violation stipulated in point a of Clause 8 of this Article;
đ) Order to equip and install the firefighting system for the violation stipulated in point b of Clause 8 of this Article.
Article 21. Violation of regulations on using fire prevention, firefighting, rescue, and evacuation equipment
1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for the act of arbitrarily moving or obstructing fire prevention, firefighting, rescue, and evacuation equipment that has been equipped and installed.
2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of failing to maintain the required quantity or quality of ordinary firefighting equipment and simple demolition tools that have been equipped and installed.
3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following acts:
a) Failing to maintain the operation of emergency lighting, evacuation guidance signs, and other equipment that have been equipped and installed;
b) Failing to maintain the operation of independent fire alarm devices that have been equipped and installed.
4. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on one of the following acts:
a) Failing to maintain the operation of equipment belonging to the fire alarm system that has been equipped and installed;
b) Failing to maintain the operation of equipment belonging to the firefighting system that has been equipped and installed.
5. A fine of VND 20,000,000 to VND 25,000,000 shall be imposed for the act of failing to put mechanical firefighting, rescue, and evacuation equipment into immediate firefighting and rescue service.
6. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for any of the following acts:
a) Failing to maintain the operation of the fire alarm system that has been equipped and installed;
b) Failing to maintain the operation of the firefighting system that has been equipped and installed.
7. A fine twice the amount of the monetary penalty specified in Clauses 2, 3, 4, and Clause 5 of this Article shall be imposed when a fire occurs but does not reach the level of criminal prosecution.
8. Additional forms of punishment:
Suspension of operation for one to three months for violations stipulated in Clause 6 of this Article.
9. Remedial measures:
a) Order restoration to the original state for violations stipulated in Clause 1 of this Article;
b) Order to maintain the required quantity and ensure the quality of ordinary firefighting equipment and simple demolition tools for the violation stipulated in Clause 2 of this Article;
c) Order to maintain emergency lighting, evacuation guidance signs, and other equipment for the violation stipulated in point a of Clause 3 of this Article;
d) Order to maintain independent fire alarm devices for the violation stipulated in point b of Clause 3 of this Article;
đ) Order to maintain the fire alarm system for the violation stipulated in point a of Clause 4 and point a of Clause 6 of this Article;
e) Order to maintain the firefighting system for the violation stipulated in point b of Clause 4 and point b of Clause 6 of this Article.
Article 22. Violation of regulations on the storage and maintenance of fire prevention, firefighting, rescue, and emergency response equipment
||| 1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts:
a) Failure to store or maintain commonly used firefighting equipment or independent fire alarm devices;
b) Storing or maintaining fire alarm systems that do not comply with prescribed requirements;
c) Storing or maintaining firefighting systems that do not comply with prescribed requirements;
d) Storing or maintaining mechanical firefighting, rescue, and emergency response equipment that does not comply with prescribed requirements.
2. A fine of VND 5,000,000 to VND 10,000,000 for failure to store or maintain mechanical firefighting, rescue, and emergency response equipment.
||| 3. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed for any of the following acts:
a) Failure to maintain fire alarm systems;
b) Failure to maintain firefighting systems.
Article 23. Violation of regulations on ventilation and smoke prevention
1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following acts:
a) Equipping or installing smoke exhaust ventilation system equipment that does not meet prescribed requirements;
b) Equipping or installing equipment for positive pressure smoke prevention systems that does not meet prescribed requirements.
2. A fine of VND 20,000,000 to VND 25,000,000 for any of the following acts:
a) Failure to maintain natural ventilation or installed smoke exhaust ventilation systems;
b) Failure to maintain positive pressure smoke prevention systems that have been installed.
3. A fine of VND 30,000,000 to VND 40,000,000 for failure to maintain ventilation solutions for areas where hazardous substances or goods are produced, stored, traded, or used.
4. A fine of VND 40,000,000 to VND 50,000,000 for any of the following acts:
a) Lack of natural ventilation or smoke exhaust ventilation solutions;
b) Failure to install positive pressure smoke prevention systems where required.
5. The amount of fine shall be doubled for the violations stipulated in Clause 1 and Clause 2 of this Article when a fire occurs but does not reach the level of criminal responsibility pursuit.
6. Additional forms of punishment:
Suspension of operations for three to six months for violations stipulated in Clause 3 of this Article.
7. Measures to remedy consequences:
a) Order to install smoke exhaust ventilation systems for violations stipulated at point a, Clause 1 of this Article;
b) Order to install positive pressure smoke prevention systems for violations stipulated at point b, Clause 1 of this Article;
c) Order to maintain ventilation solutions and smoke exhaust ventilation systems for violations stipulated at point a, Clause 2 of this Article;
d) Order to maintain positive pressure smoke prevention systems for violations stipulated at point b, Clause 2 of this Article;
đ) Order to maintain ventilation solutions for areas where hazardous substances or goods are produced, stored, traded, or used for violations stipulated in Clause 3 of this Article.
Article 24. Violation of regulations on evacuation routes in fire prevention and firefighting
1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:
a) Installing mirrors on evacuation routes;
b) Doors on exit routes not opening in the direction of evacuation.
2. A fine of VND 5,000,000 to VND 10,000,000 for obstructing evacuation routes or escape paths with materials, goods, transportation vehicles, objects, or other equipment.
3. A fine of VND 10,000,000 to VND 15,000,000 for any of the following acts:
a) Failure to maintain doors installed on exit routes or escape paths;
b) Locking doors installed on exit routes or escape paths.
4. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:
a) Failure to maintain exit routes or escape paths of rooms or areas;
b) Insufficient exit routes or escape paths of rooms or areas.
5. A fine of VND 40,000,000 to VND 50,000,000 for any of the following acts:
a) Failure to maintain exit routes or escape paths of buildings or structures;
b) Insufficient exit routes or escape paths of buildings or structures.
6. Additional forms of punishment:
Suspension of operations for three to six months for violations stipulated in Clause 5 of this Article.
7. Measures to remedy consequences:
a) Order to remove mirrors from evacuation routes for violations stipulated at point a, Clause 1 of this Article;
b) Order to open doors in the direction of evacuation for violations stipulated at point b, Clause 1 of this Article;
c) Order to move materials, goods, transportation vehicles, objects, or other equipment for violations stipulated in Clause 2 of this Article;
d) Order to maintain doors on exit routes or escape paths for violations stipulated in Clause 3 of this Article.
Article 25. Violation of fire prevention regulations
1. A fine of VND 2,000,000 to VND 4,000,000 shall be imposed for the act of leaving materials, goods, transportation means, equipment, and other items without ensuring fire prevention and firefighting distances.
2. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for the act of not maintaining fire compartments that have been constructed or installed, except for the acts stipulated in Clause 5 of this Article.
3. A fine of VND 8,000,000 to VND 10,000,000 shall be imposed for any of the following acts:
a) Not cleaning up flammable substances located within the safety corridor of oil pipelines, gas pipelines, and petroleum products;
b) Installing gas pipes or flammable liquid pipes in areas not permitted or not ensuring fire safety.
4. A fine of VND 20,000,000 to VND 25,000,000 shall be imposed for any of the following acts:
a) Not maintaining fire prevention and firefighting distances between buildings and structures;
b) Not having fire compartments, except for the acts stipulated in Clause 5 of this Article.
5. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for the act of not having or not maintaining fire walls, fire partitions, or fire floors.
6. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for the act of constructing houses or structures without ensuring fire prevention and firefighting distances.
7. The amount of the fine shall be doubled for the acts stipulated in Clauses 2, 3, and Clause 4 of this Article when a fire occurs but does not reach the level of criminal responsibility.
8. Additional forms of punishment:
Suspension of operation for six to twelve months for the violation stipulated in Clause 6 of this Article.
9. Remedial measures:
a) Order to move materials, goods, transportation means, equipment, and other items to ensure fire prevention and firefighting distances for the violation stipulated in Clause 1 of this Article;
b) Order to maintain fire compartments for the violation stipulated in Clause 2 of this Article;
c) Order to maintain fire prevention and firefighting distances for the violation stipulated in Point a of Clause 4 of this Article;
d) Order to install or maintain fire walls, fire partitions, or fire floors for the violation stipulated in Clause 5 of this Article.
Article 26. Violation of regulations on construction, approval, and practice of firefighting, rescue, and evacuation plans
1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following acts:
a) Constructing firefighting, rescue, and evacuation plans for premises or transportation means that do not meet the prescribed contents;
b) Not updating, supplementing, or correcting firefighting, rescue, and evacuation plans for premises or transportation means;
c) Not approving or improperly approving firefighting, rescue, and evacuation plans for premises or transportation means beyond authority.
2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:
a) Not practicing all scenarios in firefighting, rescue, and evacuation plans for premises or transportation means;
b) Not deploying sufficient personnel or equipment under management to participate in practicing firefighting, rescue, and evacuation plans of public security agencies when mobilized by authorized persons.
3. A fine of VND 10,000,000 to VND 15,000,000 for any of the following acts:
a) Not cooperating with public security agencies to build firefighting, rescue, and evacuation plans as required by authorized public security agencies;
b) Not participating in practicing firefighting, rescue, and evacuation plans of public security agencies as required by authorized public security agencies.
4. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for the act of not organizing the practice of firefighting, rescue, and evacuation plans for premises or transportation means.
5. A fine of VND 20,000,000 to VND 25,000,000 shall be imposed for the act of not constructing firefighting, rescue, and evacuation plans for premises or transportation means.
Article 27. Violations concerning fire extinguishing, rescue, and emergency response
1. A warning or a fine from 500,000 VND to 1,000,000 VND shall be imposed for entering the fire extinguishing, rescue, and emergency response area without permission from the competent authority.
2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on any of the following acts:
a) Failure to comply with orders or decisions to mobilize participation in fire extinguishing, rescue, and emergency response issued by the competent authority;
b) Failure to organize the implementation of measures to mitigate the consequences of a fire within the available conditions and capabilities.
3. A fine from 5,000,000 VND to 10,000,000 VND shall be imposed for obstructing or hindering the reporting of fires or emergency situations.
4. A fine from 10,000,000 VND to 15,000,000 VND shall be imposed for any of the following acts:
a) Occupying or placing obstacles that hinder the operation of fire extinguishing, rescue, and emergency response vehicles;
b) Intentionally making false reports of fires or emergency situations;
c) Failing to report fires or emergency situations.
5. A fine from 15,000,000 VND to 25,000,000 VND shall be imposed for any of the following acts:
a) Obstructing fire extinguishing, rescue, and emergency response forces and equipment from performing their duties;
b) Exploiting participation in fire extinguishing, rescue, and emergency response to infringe upon the interests of the State or the legitimate rights and interests of organizations, institutions, or individuals.
6. A fine from 30,000,000 VND to 40,000,000 VND shall be imposed for failing to maintain traffic routes for fire extinguishing, rescue, and emergency response vehicles to operate.
7. Measures to remedy consequences:
The violator must maintain traffic routes for fire extinguishing, rescue, and emergency response vehicles to operate in accordance with the provisions of Clause 6 of this Article.
Article 28. Violations concerning the Fire Prevention, Fire Extinguishing, Rescue, and Emergency Response Database System and Fire Alarm Transmission
1. A warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts:
a) Failing to fully report information about the facility into the Fire Prevention, Fire Extinguishing, Rescue, and Emergency Response Database System and Fire Alarm Transmission System as prescribed;
b) Failing to fully report information about fire prevention, fire extinguishing, rescue, and emergency response equipment, fire-resistant materials, and components into the specialized management agency's database when circulating such equipment, materials, and components as prescribed.
2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on one of the following acts:
a) Failing to update information when there are changes to the facility compared to previously reported information into the Fire Prevention, Fire Extinguishing, Rescue, and Emergency Response Database System and Fire Alarm Transmission System;
b) Failing to pay for maintaining the operation of fire alarm transmission devices to connect with the Fire Prevention, Fire Extinguishing, Rescue, and Emergency Response Database System and Fire Alarm Transmission System.
3. A fine from 3,000,000 VND to 5,000,000 VND shall be imposed for failing to report information about fire prevention, fire extinguishing, rescue, and emergency response equipment, fire-resistant materials, and components into the specialized management agency's database when circulating such equipment, materials, and components as prescribed.
4. A fine from 5,000,000 VND to 10,000,000 VND shall be imposed for failing to report information about the facility into the Fire Prevention, Fire Extinguishing, Rescue, and Emergency Response Database System and Fire Alarm Transmission System.
5. A fine from 10,000,000 VND to 15,000,000 VND shall be imposed for intentionally disconnecting or failing to repair damage that results in the loss of connection capability between fire alarm transmission devices and the Fire Prevention, Fire Extinguishing, Rescue, and Emergency Response Database System and Fire Alarm Transmission System.
6. A fine from 20,000,000 VND to 30,000,000 VND shall be imposed for any of the following acts:
a) Failing to install fire alarm transmission devices;
b) Failing to connect fire alarm transmission devices with the Fire Prevention, Fire Extinguishing, Rescue, and Emergency Response Database System and Fire Alarm Transmission System as prescribed.
Chapter III
AUTHORITY TO ISSUE VIOLATION NOTICES AND ADMINISTRATIVE SANCTIONS
AND ADMINISTRATIVE PENALTIES
Article 29. Competence to draw up administrative violation records
The persons authorized to draw up administrative violation records for acts violating the provisions of this Decree include:
1. Persons authorized to impose penalties as stipulated in Articles 30, 31, 32, 33, 34, 35, and Article 36 of this Decree.
2. Civil servants and officials under the People's Committees at all levels, specialized agencies on construction, inspection agencies while performing their duties.
Article 30. Competence of Chairpersons of People's Committees at all levels to impose administrative penalties
1. The Chairperson of the People's Committee at the commune level has the right to:
a) To issue warnings;
b) To impose fines up to VND 5,000,000;
c) Confiscate administrative violation objects with a value not exceeding two times the amount of fine prescribed in point b of this clause;
d) Apply remedial measures as prescribed in point a of Clause 1, Article 28 of the Law on Handling Administrative Violations.
2. The Chairperson of the People's Committee of provinces and centrally-run cities has the right to:
a) To issue warnings;
b) To impose fines up to VND 50,000,000;
c) Revoke the right to use permits which are design approval documents for fire prevention and fighting, acceptance documents for fire prevention and fighting results;
d) Confiscate administrative violation objects;
đ) Suspend activities for a limited period;
e) Apply remedial measures as prescribed in Clause 3, Article 3 of this Decree.
Article 31. Competence of the People's Public Security Forces to impose administrative penalties
1. Public security officers performing their duties have the authority to:
a) To issue warnings;
b) Impose a fine up to 500,000 VND.
2. Heads of Mobile Police Battalions at company level, Station Chiefs, and Team Leaders as prescribed in Clause 1 of this Article have the right to:
a) To issue warnings;
b) Impose a fine up to 1,500,000 VND.
3. Chiefs of Public Security Stations at commune level, Chiefs of Public Security Posts, Chiefs of Public Security Border Gates, industrial zones, Chiefs of International Airport Border Gates, Battalion Commanders of Mobile Police Battalions, and Water Team Leaders have the right to:
a) To issue warnings;
b) Impose fines up to 2,500,000 VND;
c) Confiscate administrative violation objects with a value not exceeding two times the amount of fine prescribed in point b of this clause;
d) Apply remedial measures as prescribed in point a of Clause 1, Article 28 of the Law on Handling Administrative Violations.
4. Heads of business units under the General Directorate of Administrative Police for Social Order Management; Heads of business units under the General Directorate of Traffic Police; Heads of business units under the General Directorate of Fire Prevention, Fighting and Rescue; Heads of Public Security Departments at provincial level including Chiefs of Administrative Police Departments for Social Order Management, Chiefs of Traffic Police Departments, Chiefs of Fire Prevention, Fighting and Rescue Departments, and Chiefs of Mobile Police Departments have the right to:
a) To issue warnings;
b) Impose fines up to 10,000,000 VND;
c) Revoke the right to use permits which are design approval documents for fire prevention and fighting, acceptance documents for fire prevention and fighting results;
d) Confiscate administrative violation objects with a value not exceeding two times the amount of fine prescribed in point b of this clause;
đ) Suspend activities for a limited period;
e) Apply remedial measures as prescribed in Clause 3, Article 3 of this Decree.
5. The Director of the Provincial Police Department has the authority to:
a) To issue warnings;
b) To impose fines up to VND 25,000,000;
c) Revoke the right to use permits which are design approval documents for fire prevention and fighting, acceptance documents for fire prevention and fighting results;
d) Confiscate administrative violation objects;
đ) Suspend activities for a limited period;
e) Apply remedial measures as prescribed in Clause 3, Article 3 of this Decree.
6. Directors of the General Directorate of Administrative Police for Social Order Management, Directors of the General Directorate of Traffic Police, and Directors of the General Directorate of Fire Prevention, Fighting and Rescue have the right to:
a) To issue warnings;
b) To impose fines up to VND 50,000,000;
c) Revoke the right to use permits which are design approval documents for fire prevention and fighting, acceptance documents for fire prevention and fighting results;
d) Confiscate administrative violation objects;
đ) Suspend activities for a limited period;
e) Apply remedial measures as prescribed in Clause 3, Article 3 of this Decree.
Article 32. Competence of the Border Guard Forces to impose administrative penalties
1. Border Guard soldiers performing official duties have the right:
a) To issue warnings;
b) Impose a fine up to 500,000 VND.
2. The station chief, team leader of those specified in Clause 1 of this Article have the right to:
a) To issue warnings;
b) Impose a fine up to 2,500,000 VND.
3. The team leader of the Special Task Force against Drugs and Crime under the Special Task Force against Drugs and Crime have the right to:
a) To issue warnings;
b) To impose fines up to VND 5,000,000;
c) Confiscate administrative violation objects with a value not exceeding two times the amount of fine prescribed in point b of this clause;
d) Apply remedial measures as prescribed in point a of Clause 3, Article 3 of this Decree.
4. The Head of the Border Guard Post, the Head of the Border Guard Squadron, the Commander of the Border Guard Command at the Port have the right:
a) To issue warnings;
b) Impose fines up to 10,000,000 VND;
c) Confiscate administrative violation objects with a value not exceeding two times the amount of fine prescribed in point b of this clause;
d) Apply remedial measures as prescribed in Clause 3, Article 3 of this Decree.
5. The Commander of the Special Task Force against Drugs and Crime under the Anti-Drug and Crime Department of the Border Guard Command has the right:
a) To issue warnings;
b) To impose fines up to VND 25,000,000;
c) Confiscate administrative violation objects with a value not exceeding two times the amount of fine prescribed in point b of this clause;
d) Apply remedial measures as prescribed in Clause 3, Article 3 of this Decree.
6. Commanders of Border Guard Forces at provincial level, Commanders of Border Guard Flotillas, and Directors of Counter-Narcotics and Crime Investigation Units under the Border Guard Command have the right to:
a) To issue warnings;
b) To impose fines up to VND 50,000,000;
c) Revoke the right to use permits which are design approval documents for fire prevention and fighting, acceptance documents for fire prevention and fighting results;
d) Confiscate administrative violation objects;
đ) Suspend activities for a limited period;
e) Apply remedial measures as prescribed in Clause 3, Article 3 of this Decree.
Article 33. Competence of Forest Rangers to impose administrative penalties
1. Forest rangers performing official duties have the authority:
a) To issue warnings;
b) Impose a fine up to 500,000 VND.
2. Chiefs of Forestry and Ranger Stations have the right to:
a) To issue warnings;
b) Impose fines up to 10,000,000 VND;
c) Confiscate administrative violation objects with a value not exceeding two times the amount of fine prescribed in point b of this clause.
3. Chiefs of Forestry and Ranger Districts, Chiefs of Mobile Ranger Teams and Forest Fire Fighting Teams have the right to:
a) To issue warnings;
b) To impose fines up to VND 25,000,000;
c) Confiscate administrative violation objects with a value not exceeding two times the amount of fine prescribed in point b of this clause;
d) Apply remedial measures as prescribed in Clause 3, Article 3 of this Decree.
4. Chiefs of Forestry and Ranger Branches, Chiefs of Regional Forestry and Ranger Branches, and Chiefs of Special Task Ranger Teams under the Forestry and Ranger Department have the right to:
a) To issue warnings;
b) To impose fines up to VND 50,000,000;
c) Confiscate administrative violation objects with a value not exceeding two times the amount of fine prescribed in point b of this clause;
d) Apply remedial measures as prescribed in Clause 3, Article 3 of this Decree.
5. The Director of the Forestry and Forest Ranger Department has the authority:
a) To issue warnings;
b) To impose fines up to VND 50,000,000;
c) Confiscate administrative violation objects;
d) Apply remedial measures as prescribed in Clause 3, Article 3 of this Decree.
Article 34. Competence to impose administrative penalties of Fisheries Inspectors
1. Fisheries Inspectors performing their duties have the right to:
a) To issue warnings;
b) To impose fines up to VND 2,000,000.
c) Confiscate administrative violation objects with a value not exceeding two times the amount of fine prescribed in point b of this clause.
2. The Head of Fisheries Inspection Station under the Fisheries and Inspection Division has the right:
a) To issue warnings;
b) Impose fines up to 10,000,000 VND;
c) Confiscate administrative violation objects with a value not exceeding two times the amount of fine prescribed in point b of this clause;
d) To apply the measures to remedy consequences specified in points a of Clause 3, Article 3 of this Decree.
3. The Director of the Fisheries and Inspection Division has the right:
a) To issue warnings;
b) To impose fines up to VND 50,000,000;
c) Confiscate administrative violation objects;
d) Apply remedial measures as prescribed in Clause 3, Article 3 of this Decree.
4. The Director of the Fisheries and Inspection Department has the right to:
a) To issue warnings;
b) To impose fines up to VND 50,000,000;
c) To suspend activities for a limited period;
d) Confiscate administrative violation objects;
đ) To apply the measures to remedy consequences specified in Clause 3, Article 3 of this Decree.
Article 35. Competence to impose administrative penalties of Coast Guard
1. Coast Guard officers performing their duties have the right to:
a) To issue warnings;
b) To impose fines up to VND 1,000,000.
2. The head of the Coast Guard business affairs team have the right to:
a) To issue warnings;
b) Impose a fine up to 2,500,000 VND.
3. The Head of the Maritime Police Operational Team, the Head of the Maritime Police Station have the right to:
a) To issue warnings;
b) To impose fines up to VND 5,000,000;
c) To apply the measures to remedy consequences specified in points a of Clause 3, Article 3 of this Decree.
4. The maritime squadron commander have the right to:
a) To issue warnings;
b) Impose fines up to 10,000,000 VND;
c) Confiscate administrative violation objects with a value not exceeding two times the amount of fine prescribed in point b of this clause;
d) Apply remedial measures as prescribed in Clause 3, Article 3 of this Decree.
5. The Commander of Coast Guard Squadron; the Commander of Reconnaissance Squadron, the Commander of Special Task Force against Drug Crimes under the Vietnam Coast Guard Command have the right:
a) To issue warnings;
b) Impose fines up to 15,000,000 VND;
c) Confiscate administrative violation objects with a value not exceeding two times the amount of fine prescribed in point b of this clause;
d) Apply remedial measures as prescribed in Clause 3, Article 3 of this Decree.
6. The Commander of Coast Guard Region, the Director of the Operations and Legal Affairs Department under the Vietnam Coast Guard Command have the right:
a) To issue warnings;
b) To impose fines up to VND 25,000,000;
c) Confiscate administrative violation objects;
d) Apply remedial measures as prescribed in Clause 3, Article 3 of this Decree.
7. The commander of the Vietnam Coast Guard have the right to:
a) To issue warnings;
b) To impose fines up to VND 50,000,000;
c) Confiscate administrative violation objects;
d) Apply remedial measures as prescribed in Clause 3, Article 3 of this Decree.
Article 36. Competence to impose administrative penalties of Inspectorate
1. An inspector, a person assigned to perform inspection tasks while on duty has the right:
a) To issue warnings;
b) Impose a fine up to 500,000 VND;
c) Confiscate administrative violation objects with a value not exceeding two times the amount of fine prescribed in point b of this clause;
d) To apply the measures to remedy consequences specified in point a of Clause 1, Article 28 of the Law on Handling Administrative Violations.
2. The Chief Inspector of the Fire Prevention and Fighting and Rescue Police Corps; the Chief Inspector of the Public Security Province, centrally-administered city have the right:
a) To issue warnings;
b) Impose fines up to 10,000,000 VND;
c) Confiscate administrative violation objects with a value not exceeding two times the amount of fine prescribed in point b of this clause;
d) To suspend activities for a limited period;
đ) To apply the measures to remedy consequences specified in Clause 3, Article 3 of this Decree.
3. The Chief Inspector of the province has the right:
a) To issue warnings;
b) Impose a fine up to thirty-five million dong;
c) Revoke the right to use permits which are design approval documents for fire prevention and fighting, acceptance documents for fire prevention and fighting results;
d) Confiscate administrative violation objects;
đ) Suspend activities for a limited period;
e) Apply remedial measures as prescribed in Clause 3, Article 3 of this Decree.
4. The Chief Inspector of the ministry has the right:
a) To issue warnings;
b) To impose fines up to VND 50,000,000;
c) Revoke the right to use permits which are design approval documents for fire prevention and fighting, acceptance documents for fire prevention and fighting results;
d) Confiscate administrative violation objects;
đ) Suspend activities for a limited period;
e) Apply remedial measures as prescribed in Clause 3, Article 3 of this Decree.
Article 37. Delimitation of competence to impose administrative penalties
1. The Chairman of People's Committees at all levels has the right to impose administrative penalties and apply measures to remedy consequences for administrative violations prescribed from Article 6 to Article 28 of this Decree according to the competence prescribed in Article 30 of this Decree and the functions, tasks, and granted authorities.
2. The person with the authority to impose penalties of the People's Public Security has the right to impose administrative penalties and apply measures to remedy consequences for administrative violations prescribed from Article 6 to Article 28 of this Decree according to the competence prescribed in Article 31 of this Decree and the functions, tasks, and granted authorities.
3. The person with the authority to impose penalties of the Border Guard has the right to impose administrative penalties and apply measures to remedy consequences for administrative violations prescribed in Articles 7, 14, 15, 16, 21; in points a, c of Clause 1, points a, c of Clause 2, Article 20 of this Decree according to the competence prescribed in Article 32 of this Decree within their management scope and fields and the functions, tasks, and granted authorities.
4. The person with the authority to impose penalties of the Forest Rangers has the right to impose administrative penalties and apply measures to remedy consequences for administrative violations prescribed in Articles 6, 7, 10, 11, 20, 21, 22, 25, and Article 27 of this Decree according to the competence prescribed in Article 33 of this Decree and the functions, tasks, and granted authorities.
5. The person with the authority to impose penalties of the Fisheries Inspectors has the right to impose administrative penalties and apply measures to remedy consequences for administrative violations prescribed in Articles 11, 16, 20, 21, and Article 22 of this Decree according to the competence prescribed in Article 34 of this Decree and the functions, tasks, and granted authorities.
6. The person with the authority to impose penalties of the Coast Guard has the right to impose administrative penalties and apply measures to remedy consequences for administrative violations prescribed in Article 16 of this Decree according to the competence prescribed in Article 35 of this Decree and the functions, tasks, and granted authorities.
7. The person with the authority to impose penalties of the Inspectorate has the right to impose administrative penalties for violations prescribed from Article 6 to Article 28 of this Decree according to the competence prescribed in Article 36 of this Decree and the functions, tasks, and granted authorities.
8. Coordination among agencies when imposing administrative penalties in the field of fire prevention, firefighting, and rescue shall be carried out in accordance with the provisions of Article 52 of the Law on Handling Administrative Violations.
Chapter IV
IMPLEMENTING PROVISIONS
Article 38. Amend and supplement some provisions of Government Decree No. 119/2017/NĐ-CP dated November 1, 2017 on administrative penalties for violations in the fields of standards, measurement, and product quality (which has been amended and supplemented by Government Decree No. 126/2021/NĐ-CP dated December 30, 2021 amending and supplementing certain provisions of several decrees on administrative penalties for violations in the fields of industrial property rights; standards, measurement, and product quality; scientific and technological activities; technology transfer; and atomic energy).
1. Amend and supplement Clause 4 of Article 36 as follows:
"4. The Head of the Business Affairs Department under the Traffic Police Corps; the Head of the Business Affairs Department under the Fire Prevention and Fighting, Rescue Corps; the Heads of the Provincial Public Security Departments including the Head of the Social Order Management Police Department, the Head of the Social Order Crime Investigation Police Department, the Head of the Corruption, Economy, Smuggling Crime Investigation Police Department, the Head of the Drug Crime Investigation Police Department, the Head of the Traffic Police Department, the Head of the Fire Prevention and Fighting, Rescue Police Department, the Head of the Internal Political Security Department, and the Head of the Economic Security Department have the following powers:
2. Amend and supplement Clause 6 of Article 36 as follows:
"6. The Director of the Internal Political Security Bureau, the Director of the Economic Security Bureau, the Head of the Social Order Management Police Bureau, the Director of the Social Order Crime Investigation Police Bureau, the Director of the Corruption, Economy, Smuggling Crime Investigation Police Bureau, the Director of the Drug Crime Investigation Police Bureau, the Director of the Traffic Police Bureau, the Director of the Fire Prevention and Fighting, Rescue Police Bureau, the Director of the Environmental Crime Prevention and Suppression Police Bureau, the Director of the Cybersecurity and High-Tech Crime Prevention and Suppression Bureau, and the Director of the Immigration Management Bureau have the following powers:"
Article 39. Effective date
1. This Decree takes effect from July 1, 2025.
2. Repeal Section 3 of Chapter II of Government Decree No. 144/2021/NĐ-CP dated December 31, 2021 on administrative penalties for violations in the fields of national security, public order, social safety; prevention and control of social evils; fire prevention and fighting; rescue operations; and domestic violence prevention and control.
Article 40. Transitional Provisions
1. For administrative violations in the field of fire prevention and fighting, rescue operations that occur and conclude before the effective date of this Decree but are discovered within the statute of limitations for punishment or are being examined and resolved when this Decree becomes effective, the Government Decree on administrative penalties for violations in effect at the time of the violation shall be applied to handle such cases.
For administrative violations in the field of fire prevention and fighting, rescue operations that occur before the effective date of this Decree but continue to occur when this Decree becomes effective, the provisions of this Decree shall be applied to handle such cases.
2. For decisions on administrative penalties that have been issued or fully executed before the effective date of this Decree, if the individual or organization subject to the penalty still lodges an appeal, the provisions on administrative penalties in effect at the time of issuing the decision on administrative penalties shall be applied to resolve the case.
Article 41. Responsibility for Implementation
The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government are responsible for implementing this Decree.
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PRIME MINISTER PRIME MINISTER (Signed) PHAM MINH CHINH |
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