Decree No. 110/2009/ND-CP on administrative sanctions for violations in the field of preventing and combating domestic violence

 

DECREE

Regulations on administrative penalties for violations in the field of preventing and combating domestic violence

_____________________________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Domestic Violence Prevention and Control Law enacted on November 21, 2007;

Based on the Ordinance on Handling Administrative Violations dated July 2, 2002, and the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations dated April 2, 2008;

1. To fully exploit and effectively utilize the potential, infrastructure system, and position of the Region, with Ho Chi Minh City as the leading force, to create a driving force for comprehensive development in the fields of culture, family, physical education and sports, and tourism, thereby promoting the cultural market, physical education and sports activities, and tourism throughout the country and other localities.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violation, forms, levels of penalty, measures to remedy consequences, authority, and procedures for handling administrative violations in the field of preventing and combating domestic violence.

2. Administrative violations in the field of preventing and combating domestic violence are acts of domestic violence and other acts committed intentionally or negligently by organizations or individuals that violate legal provisions in the field of preventing and combating domestic violence, which are not criminal offenses and must be administratively penalized according to the law.

3. Other administrative violations in the field of preventing and combating domestic violence not specified in this Decree shall be handled according to the provisions of laws on administrative penalties in related state management fields; administrative violations in the field of preventing and combating domestic violence against children shall be penalized according to the provisions of laws on administrative penalties concerning the protection, care, and education of children.

Article 2. Applicability

1. Vietnamese individuals and organizations committing administrative violations in the field of preventing and combating domestic violence shall be penalized according to the provisions of this Decree and other relevant provisions on administrative penalties.

Foreign individuals and organizations committing administrative violations in the field of preventing and combating domestic violence within the territory of the Socialist Republic of Vietnam shall be penalized according to the provisions of this Decree.

2. For violations of service regulations by civil servants while performing their duties in the field of preventing and combating domestic violence that do not reach the level of criminal prosecution, they shall be disciplined according to the law on civil servants.

3. Individuals under the age of majority committing administrative violations in the field of preventing and combating domestic violence shall be handled according to point a, Clause 1, Article 6 and Article 7 of the Ordinance on Handling Administrative Violations.

Article 3. Principles of Imposition of Sanctions

The principles of administrative penalties in the field of preventing and combating domestic violence shall be implemented according to the provisions of Article 3 of the Ordinance on Handling Administrative Violations.

The main purpose of administrative penalties in the field of preventing and combating domestic violence is to educate violators to recognize their mistakes, voluntarily correct them, fulfill the obligations prescribed by law, cease illegal acts, and serve as a deterrent and general prevention.

Article 4. Forms of administrative penalties and measures to remedy consequences

1. For each act of administrative violation in the field of preventing and combating domestic violence, the violator shall be subject to one of the following primary forms of administrative penalty:

a) Warning;

b) Fine.

Specific monetary fines for each act of violation are stipulated in Chapter II of this Decree.

Acts of administrative violation in the field of preventing and combating domestic violence may be fined from VND 100,000 to VND 30,000,000.

2. Depending on the nature and degree of violation, violators may also be subject to one or more of the following supplementary forms of administrative penalty:

a) Revocation of the Certificate of Registration for Operation and Professional Certificate;

b) Confiscation of objects and means used to commit administrative violations.

3. In addition to the forms of administrative penalty provided for in Clauses 1 and 2 of this Article, individuals and organizations committing administrative violations in the field of preventing and combating domestic violence may also be subject to one or more of the following remedial measures:

a) Compel restoration to the original condition before the violation occurred;

b) Compel implementation of measures to remedy environmental pollution and disease spread caused by the violation;

c) Compel destruction of harmful items affecting human health, animals, and crops, and harmful cultural products;

d) Compel public apology when requested by the victim.

4. Foreigners violating administrative regulations in the field of preventing and combating domestic violence within the territory of Vietnam may also be subject to expulsion penalties. Expulsion can be a primary or supplementary form of penalty in specific cases. The authority, procedure, and process for applying the expulsion penalty shall be carried out according to current laws on administrative expulsion procedures.

Article 5. Mitigating Circumstances

1. A person who commits domestic violence has voluntarily limited, reduced the harm of the violent act, or voluntarily remedied the consequences and compensated for damages.

2. A person who commits domestic violence has voluntarily reported and sincerely repented.

3. Committing domestic violence under a state of mental agitation caused by the victim's illegal acts.

4. Committing domestic violence due to coercion or dependence on material or spiritual aspects.

5. The person committing domestic violence is a pregnant woman, a minor, an elderly person, a sick person, or a disabled person whose ability to perceive or control their actions is limited.

6. Violation due to particularly difficult circumstances not caused by oneself.

7. Committing domestic violence due to backwardness in education.

Article 6. Aggravating Circumstances

1. Committing domestic violence in an organized manner.

2. Repeatedly committing domestic violence or continuing to commit such acts despite administrative violations having been previously addressed.

3. Inciting, enticing minors to violate, or forcing dependent individuals to commit domestic violence.

4. Committing domestic violence while intoxicated from alcohol, beer, or other stimulants.

5. Exploiting official positions or powers to commit violations.

6. Exploiting war conditions, natural disasters, or other particularly difficult social circumstances to commit violations.

7. Committing domestic violence during the execution of criminal sentences or administrative penalty decisions.

8. Continuing to commit domestic violence despite authorities' requests to stop the behavior.

9. After violating, engaging in evasive or concealment behaviors regarding administrative violations.

Article 7. Time Limit for Administrative Sanctions

1. The time limit for administrative sanctions in the field of preventing and combating domestic violence is one year, calculated from the date the administrative violation was committed.

2. For individuals who have been indicted, prosecuted, or had a case decided to be brought to trial through criminal proceedings, but subsequently had a decision to terminate the investigation or terminate the case, they will be subject to administrative sanctions if their actions indicate administrative violations in the field of preventing and combating domestic violence; within three days from the date of the decision to terminate the investigation or terminate the case, the authority issuing the decision must send the decision and case file to the competent authority for punishment. In this case, the time limit for administrative sanctions is three months, calculated from the date the competent authority receives the decision to terminate the investigation or terminate the case and the case file.

3. Within the period specified in Clause 1 and Clause 2 of this Article, if the violator continues to commit new administrative violations in the field of preventing and combating domestic violence or intentionally avoids or obstructs the punishment process, the time limits specified in Clause 1 and Clause 2 of this Article shall not apply. In this case, the time limit for administrative sanctions is calculated from the date of the new administrative violation or from the date the individual or organization ceases to avoid or obstruct the punishment process.

4. If beyond the period specified in Clause 1 and Clause 2 of this Article, the violator will not be punished but still be subject to remedial measures as prescribed in this Decree.

Article 8. Period considered as not having been administratively punished

An individual or organization that has been administratively punished for violations in the field of preventing and combating domestic violence shall be deemed to have not been administratively punished if they do not reoffend within one year from the date of completing the execution of the administrative punishment decision or from the date when the statute of limitations for enforcing the administrative punishment decision expires.

Chapter II

ADMINISTRATIVE VIOLATIONS IN THE FIELD OF PREVENTING AND COMBATING DOMESTIC VIOLENCE, FORMS AND AMOUNTS OF PUNISHMENT

Article 9. Acts of beating or other acts infringing on the health of family members

1. A fine of VND 1,000,000 to VND 1,500,000 for acts of beating causing injury to family members.

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

a) Using weapons to beat and cause injury to family members;

b) Failing to promptly take the victim to the hospital for emergency treatment when the victim needs immediate medical care, or failing to care for the victim during the period of treating injuries caused by domestic violence, except where the victim refuses.

3. Supplementary forms of punishment and measures to remedy consequences:

a) Confiscation of objects and means used to commit the act prescribed in point a, Clause 2 of this Article;

b) Compelling public apology at the request of the victim for the acts prescribed in Clause 1 and Clause 2 of this Article.

Article 10. Acts of tormenting and mistreating family members

1. A fine of VND 1,000,000 to VND 1,500,000 for acts of frequently causing harm to the health and mental injury to family members, but not falling under the cases prescribed in Clause 2 of this Article.

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

a) Treating family members poorly such as forcing them to go without food or drink, endure cold, wear torn clothes, deny or limit personal hygiene, confine them in places with harmful or dangerous environments;

b) Forcing family members to perform illegal acts;

c) Neglecting to care for elderly, weak, disabled, pregnant women, or women nursing infants;

d) Frequently intimidating family members with images, animals, or objects that they fear;

đ) Raising animals or growing plants that are harmful to the health of family members in their living quarters;

e) Forcing family members to view, listen to, or read pornographic or horrific cultural products.

3. Measures to remedy consequences:

a) Compelling the destruction of items harmful to human health, pets, crops, toxic cultural products, implementing measures to remediate environmental pollution and prevent the spread of diseases for the acts prescribed in points d, đ, and e of Clause 2 of this Article;

b) Compelling public apology at the request of the victim for the acts prescribed in Clause 1 and Clause 2 of this Article.

Article 11. Acts of insulting the reputation and dignity of family members

1. A fine of VND 1,000,000 to VND 1,500,000 for acts of verbally abusing, insulting, or berating family members.

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

a) Disclosing or disseminating private information about family members to insult their reputation and dignity;

b) Distributing leaflets or using communication means to insult the reputation and dignity of family members;

c) Publicizing or disseminating articles, images, sounds about domestic violence incidents to insult the reputation and dignity of victims;

d) Forcing family members to strip off their clothes in front of others or in public places.

3. Supplementary forms of punishment and measures to remedy consequences:

a) Confiscation of objects and means used to commit the acts prescribed in point a, b, and c of Clause 2 of this Article;

b) Compelling public apology at the request of the victim for the acts prescribed in Clause 1 and Clause 2 of this Article.

Article 12. Acts of isolating, driving away, or frequently exerting psychological pressure

1. Warning or imposing a fine from VND 100,000 to VND 300,000 for any of the following acts:

a) Prohibiting family members from leaving the house, preventing family members from meeting relatives, friends, or having legitimate and healthy social relationships with the purpose of isolating or frequently exerting psychological pressure on that member;

b) Not allowing family members to exercise their right to work;

c) Not allowing family members to read books, newspapers, listen to, or watch radio and television programs or access daily public information;

d) Frequently demanding family members to meet requirements exceeding their capabilities;

đ) Threatening self-harm or causing self-injury to demand that family members meet their requirements;

e) Frequently monitoring family members due to jealousy, damaging the honor, reputation, and dignity of that member;

g) Not allowing family members to participate in legitimate and healthy social activities;

h) Other acts that frequently exert psychological pressure on family members.

2. Imposing a fine from over VND 300,000 to VND 500,000 for forcing family members to witness scenes of violence against people or animals.

3. Imposing a fine from over VND 500,000 to VND 1,000,000 for any of the following acts:

a) Forcing family members to witness scenes of sexual activity;

b) Forcing the wife or husband of the person committing violence to live in the same house or share a room with the person's lover;

c) Coercing family members to perform indecent acts, using stimulants;

d) Engaging in acts of sexual arousal or physical abuse towards family members who are not their spouse;

đ) Engaging in violent sexual behavior during marital relations when the spouse does not want it.

Supplementary penalties and measures to remedy consequences.

a) Confiscation of objects and means used to commit the act specified in point c, Clause 3 of this Article.

b) Ordering a public apology at the victim's request for the acts specified in Clause 1, Clause 2, and Clause 3 of this Article.

Article 13. Acts obstructing the exercise of rights and obligations in family relations between grandparents and grandchildren; between parents and children; between spouses; and between siblings

Warning or imposing a fine from VND 100,000 to VND 300,000 for obstructing the right to visit and care between grandparents and grandchildren; between parents and children, except where parents are restricted from caring for their children according to a court decision; between spouses; and between siblings.

Article 14. Acts violating provisions on care, support, and maintenance

Warning or imposing a fine from VND 100,000 to VND 300,000 for any of the following acts:

1. Refusing or evading the obligation to provide maintenance between spouses after divorce; refusing or evading the obligation to provide support between siblings, and between grandparents and grandchildren as stipulated by law;

2. Refusing or evading the obligation to provide maintenance and support for parents; the obligation to provide maintenance and care for children after divorce as stipulated by law.

Article 15. Acts of forcing marriage, divorce, child marriage, or obstructing voluntary and progressive marriage

Warning or imposing a fine from VND 100,000 to VND 300,000 for any of the following acts:

1. Forcing another person to marry, divorce, or enter into a child marriage through physical abuse, mistreatment, mental coercion, or other means.

2. Obstructing another person from marrying, divorcing, or entering into a voluntary and progressive marriage through physical abuse, mistreatment, mental coercion, demanding property, or other means.

Article 16. Economic violence acts

c) Reporting quantities of goods entering, exiting, and remaining in transit ports;

a) Not allowing family members to use common assets for legitimate purposes;

b) Strictly controlling the financial resources of family members or the family's common financial resources with the aim of creating financial dependence among family members;

c) Compelling family members to contribute financially beyond their capacity;

d) Destroying personal property to exert psychological pressure on family members;

đ) Intentionally damaging personal property of family members or the family's common property.

2. Imposing a fine of between 1,000,000 VND and 2,000,000 VND for any of the following acts:

a) Seizing personal property of family members;

b) Seizing the family's common property for personal use;

c) Forcing family members to work excessively, perform heavy or dangerous tasks, or come into contact with harmful substances, or engage in other activities contrary to labor laws;

d) Forcing family members to beg or wander to make a living.

3. Measures to remedy consequences:

Restoring the original state that was altered for the act specified in point đ, Clause 1, Article 16.

Article 17. Acts violating the law compelling family members to leave their lawful place of residence

1. Warning or imposing a fine of between 100,000 VND and 300,000 VND for the act of compelling family members to leave their lawful place of residence.

2. A fine of from VND 500,000 to VND 1,000,000 shall be imposed on one of the following acts:

a) Frequently threatening with violence to compel family members to leave their lawful place of residence;

b) Compelling family members to leave their lawful place of residence at night or during rain, storms, or cold winds;

c) Carrying out actions aimed at creating daily living difficulties to compel family members to leave their place of residence.

3. Measures to remedy consequences:

Restoring the original state that was altered or compelling the implementation of measures to remediate environmental pollution or disease spread for the acts specified in point c, Clause 2, Article 17.

Article 18. Acts of violence against individuals preventing, discovering, reporting domestic violence, or assisting victims of domestic violence

1. Warning or imposing a fine from VND 100,000 to VND 300,000 for any of the following acts:

a) Threatening individuals preventing, discovering, reporting domestic violence, or assisting victims of domestic violence;

b) Insulting the dignity and reputation of individuals preventing, discovering, reporting domestic violence, or assisting victims of domestic violence.

2. A fine of from VND 500,000 to VND 1,000,000 shall be imposed on one of the following acts:

a) Assaulting individuals preventing, discovering, reporting domestic violence, or assisting victims of domestic violence;

b) Destroying or damaging property of individuals preventing, discovering, reporting domestic violence, or assisting victims of domestic violence.

3. Supplementary forms of punishment and measures to remedy consequences:

a) Confiscating objects and means used to commit the act specified in Clause 2, Article 18;

b) Restoring the original state that was altered for the act specified in point b, Clause 2, Article 18;

c) Compelling a public apology when requested by the victim for the acts specified in Clause 1 and Clause 2, Article 18.

Article 19. Acts of coercion, incitement, instigation, and assistance to others in committing domestic violence

1. Warning or a fine from VND 100,000 to VND 300,000 for acts of incitement, instigation, and assistance to others in committing domestic violence.

2. A fine from over VND 300,000 to VND 500,000 for acts of coercion against others to commit domestic violence.

Article 20. Intentional failure to prevent, report acts of domestic violence and obstruction of prevention, reporting, and handling of acts of domestic violence

1. Warning or a fine from VND 100,000 to VND 300,000 for any of the following acts:

a) Knowing about acts of domestic violence, having conditions to prevent but failing to do so, resulting in serious consequences;

b) Knowing about acts of domestic violence but not reporting them to authorities, organizations, or persons with authority;

c) Engaging in acts that obstruct others from discovering and reporting acts of domestic violence.

2. A fine from VND 300,000 to VND 500,000 for acts obstructing the handling of acts of domestic violence.

Article 21. Acts of using, disseminating information, images, sounds to incite acts of domestic violence

1. Warning or a fine from VND 500,000 to VND 1,000,000 for acts of using, disseminating information, images, sounds to incite acts of domestic violence.

2. A fine from VND 5,000,000 to VND 10,000,000 for acts of detailing obscene, gruesome acts of domestic violence in news reports, articles, images of the press and mass media to incite domestic violence.

3. Additional forms of punishment:

Seizure of objects and means used to commit the acts stipulated in Clause 1 and Clause 2 of this Article.

Article 22. Acts of disclosing information about victims of domestic violence

Warning or a fine from VND 1,000,000 to VND 3,000,000 for healthcare workers, counselors, journalists of communication agencies, law enforcement officers in the field of preventing and combating domestic violence who engage in any of the following acts:

1. Disclosing personal information of victims of domestic violence without their consent or that of their guardians, affecting the reputation, dignity, and credibility of the victim;

2. Intentionally disclosing or creating conditions for perpetrators of domestic violence to know the temporary refuge location of victims of domestic violence.

Article 23. Acts of exploiting activities to prevent and combat domestic violence for personal gain

1. Warning or imposing a fine from VND 100,000 to VND 300,000 for any of the following acts:

a) Demanding money from victims or their family members after providing assistance to victims of domestic violence;

b) Requesting payment for living expenses of victims at trusted addresses in the community;

c) Exploiting the difficult circumstances of victims of domestic violence to require them to perform illegal acts.

2. A fine from VND 10,000,000 to VND 30,000,000 for any of the following acts:

a) Establishing counseling centers or support centers for victims of domestic violence for profit-making activities;

b) Exploiting activities to prevent and combat domestic violence to commit acts violating the law.

3. Additional forms of punishment:

Revocation of the Certificate of Registration for Operation for the act stipulated in point a Clause 2 of this Article, Professional Qualification Certificate for the act stipulated in point b Clause 2 of this Article.

Article 24. Violations concerning registration for operation of domestic violence victim support facilities and family violence prevention and control counseling facilities

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on domestic violence victim support facilities and family violence prevention and control counseling facilities operating outside the scope of the Registration Certificate for Operation or failing to meet the required conditions during the course of operation.

2. A fine of over VND 5,000,000 to VND 10,000,000 shall be imposed on domestic violence victim support facilities and family violence prevention and control counseling facilities operating without a Registration Certificate for Operation or failing to register their operations.

Article 25. Violations of the decision prohibiting contact issued by the Chairman of the People's Committee at the commune level

1. Warning or imposing a fine from VND 100,000 to VND 300,000 for any of the following acts:

a) Intentionally contacting the domestic violence victim during the enforcement period of the prohibition decision;

b) Using telephones or other communication means to threaten, curse, or insult the domestic violence victim.

2. Additional forms of punishment:

Seize the objects and means used to commit the acts specified in point b, Clause 1 of this Article.

Chapter III

AUTHORITY AND PROCEDURES FOR IMPOSING ADMINISTRATIVE PENALTIES FOR VIOLATIONS

Article 26. Administrative penalty imposition authority of the Chairmen of People's Committees at various levels

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

a) To issue warnings;

b) Imposing a fine up to VND 2,000,000;

c) Seizing the objects and means used to commit administrative violations with a value up to VND 2,000,000;

b) Ordering restoration to the original state prior to the changes caused by the administrative violation;

d) Ordering implementation of measures to mitigate environmental pollution and disease spread caused by the administrative violation;

e) Ordering destruction of harmful items affecting human health, livestock, crops, and toxic cultural products.

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

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Revoking the right to use the Registration Certificate for Operation, Professional Practice Certificate within their jurisdiction;

d) Confiscate objects and means used to commit administrative violations;

d) Applying remedial measures as stipulated in points d, đ, and e of Clause 1 of this Article.

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

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Revoking the right to use the Registration Certificate for Operation, Professional Practice Certificate within their jurisdiction;

d) Confiscate objects and means used to commit administrative violations;

đ) Applying public apology measures when requested by the victim, and applying remedial measures as stipulated in points d, đ, and e of Clause 1 of this Article.

Article 27. Administrative penalty imposition authority of the People's Public Security Force

1. Public security officers performing their duties have the authority to:

a) To issue warnings;

b) Imposing a fine up to VND 200,000.

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 500,000 VND.

3. The Head of the Police Station at the commune level may apply administrative penalty forms prescribed in Clause 1 of Article 26 of this Decree.

4. The Head of the County Police Department, the Heads of Mobile Police Units at battalion level or higher, the Heads of Social Order Management Police Departments, the Heads of Public Order Police Departments have the authority:

a) To issue warnings;

b) Impose fines up to 10,000,000 VND;

c) Revoking the right to use the Registration Certificate for Operation, Professional Practice Certificate within their jurisdiction;

d) Confiscate objects and means used to commit administrative violations;

đ) Applying remedial measures as stipulated in points d, đ, and e of Clause 1 of Article 26 of this Decree.

5. The Director of the Provincial Police Department has the authority to:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Revoking the right to use the Registration Certificate for Operation, Professional Practice Certificate within their jurisdiction;

d) Confiscate objects and means used to commit administrative violations;

đ) Applying remedial measures as stipulated in points d, đ, and e of Clause 1 of Article 26 of this Decree.

e) Deciding to apply the expulsion penalty form according to the分级要求您提供完整的翻译，我会直接给出翻译结果：

6. The Director of the Social Order Management Police Department has the authority:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Revoking the right to use the Registration Certificate for Operation, Professional Practice Certificate within their jurisdiction;

d) Confiscate objects and means used to commit administrative violations;

đ) Applying remedial measures as stipulated in points d, đ, and e of Clause 1 of Article 26 of this Decree.

Article 28. Administrative penalty imposition authority of the Border Guard Force

1. Border Guard soldiers performing their duties have the right to:

a) To issue warnings;

b) Imposing a fine up to VND 200,000.

2. The Team Leaders of those persons prescribed in Clause 1 of this Article, the Border Control Post Chiefs have the authority:

a) To issue warnings;

b) Impose a fine up to 500,000 VND.

3. The Border Guard Station Chiefs, the Commanders of Border Guard Maritime Squadrons, the Commanders of Border Guard Districts, the Commanders of Border Guard Ports have the authority:

a) To issue warnings;

b) Impose fines up to 10,000,000 VND;

c) Confiscate the objects and means used to commit administrative violations;

d) Applying remedial measures as stipulated in points d, đ, and e of Clause 1 of Article 26 of this Decree.

4. The Commander of the Provincial Border Guard, and the Commander of the Coast Guard Squadron subordinate to the Border Guard Command shall have the following powers:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Confiscate the objects and means used to commit administrative violations;

d) Applying remedial measures as stipulated in points d, đ, and e of Clause 1 of Article 26 of this Decree.

Article 29. Administrative penalty imposition authority of the Cultural, Sports and Tourism Inspectorate

1. Cultural, Sports and Tourism Inspectors performing official duties have the authority:

a) To issue warnings;

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

c) Seizing the objects and means used to commit administrative violations with a value up to VND 2,000,000;

d) Applying remedial measures as stipulated in points d, đ, and e of Clause 1 of Article 26 of this Decree.

2. The Chief Inspectors of the Provincial Cultural, Sports and Tourism Inspectorates have the authority:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Revoking the right to use the Registration Certificate for Operation, Professional Practice Certificate within their jurisdiction;

d) Confiscate objects and means used to commit administrative violations;

đ) Applying remedial measures as stipulated in points d, đ, and e of Clause 1 of Article 26 of this Decree.

3. The Chief Inspectors of the Ministry of Culture, Sports and Tourism have the authority:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Revoking the right to use the Registration Certificate for Operation, Professional Practice Certificate within their jurisdiction;

d) Confiscate objects and means used to commit administrative violations;

đ) Applying remedial measures as stipulated in points d, đ, and e of Clause 1 of Article 26 of this Decree.

Article 30. Principles for Determining Administrative Sanctioning Authority

1. The administrative sanctioning authority prescribed in this Decree applies to a single act of administrative violation. In cases involving fines, the sanctioning authority is determined based on the maximum amount within the fine range specified for each specific act of violation. When an administrative violation falls under the sanctioning authority of multiple individuals, the sanctioning shall be carried out by the first individual to handle the case.

2. In cases where an individual commits multiple acts of administrative violations, the sanctioning authority shall be determined according to the following principles:

a) If the form and level of punishment prescribed for each act all fall within the sanctioning authority of the person imposing the sanction, then the sanctioning authority remains with that person;

b) If the form and level of punishment prescribed for one of the acts exceed the sanctioning authority of the person imposing the sanction, that person must transfer the violation case to the competent authority with sanctioning power.

Article 31. Procedures for Imposing Administrative Sanctions

The procedures for imposing administrative sanctions in the field of preventing and combating domestic violence shall be implemented in accordance with the provisions from Article 20 to Article 38 of Decree No. 128/2008/NĐ-CP dated December 16, 2008, of the Government detailing the implementation of certain articles of the Administrative Violation Handling Ordinance 2002 and the Ordinance Amending and Supplementing Certain Articles of the Administrative Violation Handling Ordinance 2008.

Chapter IV

IMPLEMENTING PROVISIONS

Article 32. Effectiveness

1. This Decree takes effect from January 27, 2010.

2. Article 7, Article 10, and the provisions concerning acts of abuse and mistreatment of family members at Article 11, Article 12, and Article 15 of Decree No. 87/2001/NĐ-CP dated November 21, 2001, of the Government on administrative sanctions in the field of marriage and family relations are abolished from the date this Decree takes effect.

Article 33. Responsibility for Implementation

1. The Minister of Culture, Sports and Tourism, within the scope of their functions and duties, is responsible for organizing the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, and related individuals and organizations are responsible for implementing this Decree./.