Decree No. 114/2006/NĐ-CP on administrative penalties for violations related to population and children

DECREE

Regulations on Administrative Sanctions for Violations Concerning Population and Children

_____________________

 

THE GOVERNMENT

 

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

Based on the Law on Protection, Care, and Education of Children dated June 15, 2004;

Pursuant to the Population Ordinance dated January 9, 2003;

Based on the Ordinance on Handling Administrative Violations dated July 2, 2002;

At the proposal of the Minister, Head of the National Committee for Population, Family, and Children,

 

DECREE:

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates administrative violations concerning population and children; forms of sanctions, levels of fines, and measures to rectify consequences; authority and procedures for imposing sanctions.

2. Administrative violations concerning population and children are acts that contravene laws and regulations on population and children, committed intentionally or negligently by individuals or organizations, which are not criminal offenses and must be subject to administrative sanctions according to the Ordinance on Handling Administrative Violations and this Decree.

3. Administrative violations concerning population and children specified in this Decree include the following acts:

a) Propaganda and dissemination of population information contrary to the provisions of the law;

b) Production, business operation, importation, and provision of contraception devices contrary to the provisions of the law;

c) Obstruction or coercion in implementing family planning programs;

d) Selection of fetal gender;

đ) Violation of children's rights;

e) Violation of regulations in the activities of child assistance facilities.

4. For administrative violations concerning population and children already defined in other Government Decrees on administrative sanctions, such violations shall be handled according to the provisions of those Decrees.

Article 2. Applicability

b) Real estate business organizations as prescribed by laws on real estate business;

a) Vietnamese individuals and organizations committing administrative violations concerning population and children shall be sanctioned according to this Decree and other relevant legal provisions on administrative sanctions. Minors committing administrative violations concerning population and children shall be dealt with according to Article 7 of the Ordinance on Handling Administrative Violations.

b) Foreign individuals and organizations committing administrative violations concerning population and children within the territory of Vietnam shall be subject to administrative sanctions according to Vietnamese law, except where international treaties to which Vietnam is a party provide otherwise, in which case the provisions of such treaties shall apply.

2. Party members who have three or more children shall be disciplined according to Party regulations. State officials, civil servants, and public employees who have three or more children shall be disciplined according to Government regulations. Members of people's mass organizations and social organizations who have three or more children shall be dealt with according to the rules and regulations of their respective organizations. Citizens who have three or more children shall be dealt with according to village, commune, or community customs and agreements where they reside.

Article 3. Principles of Administrative Sanctions

1. The principles of administrative sanctions concerning population and children shall be applied according to the provisions of Article 3 of the Ordinance on Handling Administrative Violations.

2. The imposition of administrative sanctions concerning population and children by authorized persons must comply with the provisions of Articles 26, 27, and 28 of this Decree.

3. The handling of violations by those authorized to impose administrative sanctions concerning population and children must comply with the provisions of Article 121 of the Ordinance on Handling Administrative Violations.

Article 4. Aggravating and Mitigating Circumstances

The aggravating and mitigating circumstances applied in administrative penalty for violations stipulated in Chapter II of this Decree shall be implemented according to the provisions of Article 8 and Article 9 of the Administrative Violation Handling Ordinance and Article 6 of Government Decree No. 134/2003/NĐ-CP dated November 14, 2003 detailing the implementation of certain articles of the Administrative Violation Handling Ordinance.

Article 5. Statute of Limitations for Administrative Sanctions

1. The statute of limitations for administrative penalties related to population and children is twelve months, counted from the date the administrative violation was committed.

2. An individual who has been indicted, prosecuted, or had a case decided to be brought to trial under criminal procedure, but subsequently has a decision to terminate investigation or terminate the case where the act has signs of administrative violation related to population and children, will be subject to administrative penalty; within three days from the date of issuing the decision to terminate investigation or terminate the case, the person issuing the decision must send the decision and the case file to the competent authority for administrative penalty; in this case, the statute of limitations for administrative penalty is three months, counted from the date the competent authority for administrative penalty receives the decision to terminate and the case file.

3. Within the time limit specified in Clause 1 and Clause 2 of this Article, if an individual or organization commits a new administrative violation related to population and children or intentionally avoids or obstructs the administrative penalty process, the statute of limitations specified in Clause 1 and Clause 2 of this Article will not apply. In such cases, the statute of limitations for administrative penalty will be calculated from the date of committing the new administrative violation or the date when the act of avoiding or obstructing the administrative penalty process ends.

4. If beyond the above time limits, no administrative penalty will be imposed, but one or more remedial measures will still be applied according to the provisions of Clause 3 of Article 7 of this Decree.

Article 6. Time Considered as Not Having Been Subject to Administrative Penalty

An individual or organization subject to administrative penalty related to population and children, if over twelve months have passed since the completion of the execution of the administrative penalty decision or since the expiration of the enforcement period of the administrative penalty decision without reoffending, will be considered as not having been subject to administrative penalty related to population and children.

Article 7. Forms of Administrative Penalties and Remedial Measures

1. For each administrative violation, the violator, whether an individual or an organization, must bear one of the following main forms of administrative penalty:

a) Warning;

b) Fine.

2. Depending on the nature and degree of the violation, individuals or organizations committing administrative violations related to population and children may also be subject to one or several supplementary forms of administrative penalty as follows:

a) Revocation of the right to use licenses or certificates of practice;

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

3. In addition to the main forms of administrative penalty and supplementary administrative penalties mentioned above, individuals or organizations violating administrative regulations may also be subject to one or several remedial measures as follows:

a) Compel restoration to the original state altered due to administrative violation or compel dismantling of unauthorized construction works or installations;

b) Compel implementation of measures to mitigate environmental pollution caused by administrative violation; destroy harmful items affecting human health or harmful cultural products;

c) Compel recovery of the amount of money caused by administrative violation; return the equivalent value of confiscated or disposed-of contraband goods or means of transportation contrary to the law;

d) Compel fulfillment of responsibilities for caring for and nurturing children, fulfilling obligations for contributing to the care and nurturing of children as prescribed;

đ) Compel bearing all costs for medical examination and treatment for children caused by administrative violation;

e) Compel compliance with regulations on the establishment and operation of child assistance facilities as stipulated in Articles 45, 46, and 47 of the Law on Protection, Care, and Education of Children;

g) Compel bearing all costs for returning children to their families, substitute families, or child assistance facilities.

Chapter II

VIOLATIONS OF ADMINISTRATIVE REGULATIONS,

FORMS AND AMOUNTS OF ADMINISTRATIVE PENALTIES

Article 8. Acts obstructing or compelling family planning

1. A warning or a fine from VND 100,000 to VND 300,000 shall be imposed for any of the following acts:

a) Insulting the dignity and personality of individuals using contraception methods, those who have only sons or only daughters;

b) Refusing to provide contraceptive means to individuals in need of such means, despite their eligibility to use them;

c) Compelling others to use contraception methods.

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

a) Threatening to use violence or intimidating mentally to compel individuals using contraception methods to stop using them;

b) Compelling pregnancy, early childbirth, frequent childbirth, multiple births, male births, female births;

c) Self-installing intrauterine devices or administering contraceptive drugs without the consent of the user.

3. A fine from VND 2,000,000 to VND 5,000,000 shall be imposed for any of the following acts:

a) Self-applying sterilization measures without the consent of the individual being sterilized;

b) Violating another person's body to force them to use contraception methods or cease using them, compelling individuals with only sons or only daughters to give birth again.

4. Additional forms of administrative punishment:

Suspension of license or practice certificate usage rights for a period of one to three months for individuals or organizations committing acts stipulated in Clause 1 of this Article; suspension of license or practice certificate usage rights for a period of three to six months for individuals or organizations committing acts stipulated in point a and point c of Clause 2 of this Article; indefinite suspension of license usage rights for individuals or organizations committing acts stipulated in point a of Clause 3 of this Article.

Article 9. Acts of selecting the sex of the fetus

1. A fine from VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts:

a) Taking the pulse, diagnosing through symptoms, divination, or other forms not permitted by law to determine the sex of the fetus, where these acts are for profit;

b) Speaking, writing, translating, reproducing books, newspapers, materials, pictures, photographs, audio recordings, video recordings, or other forms not permitted by law to promote methods of determining the sex of the fetus.

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

a) Using ultrasound, blood tests, genetic testing, amniotic fluid tests, cell tests, or other methods not permitted by law to determine the sex of the fetus;

b) Providing chemicals, drugs, or other methods to terminate the pregnancy knowing that the pregnant woman wants to terminate the pregnancy due to sex selection reasons;

c) Researching or applying artificial methods to create the sex of the fetus according to desire;

d) Storing and circulating materials containing information about methods of determining the sex of the fetus.

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

a) Using violence or threatening to use violence to compel a pregnant woman to terminate her pregnancy due to sex selection reasons;

b) Terminating a pregnancy knowing that the pregnant woman wants to terminate it due to sex selection reasons.

4. Additional forms of administrative punishment:

a) Suspension of license or practice certificate usage rights for a period of one to three months for individuals or organizations committing acts stipulated in point a and point b of Clause 2 of this Article; suspension of license or practice certificate usage rights for a period of three to six months for individuals or organizations committing acts stipulated in point b of Clause 3 of this Article;

b) Seizure of objects and means used to commit acts stipulated in point a and point b of Clause 1, point d of Clause 2, and point a of Clause 3 of this Article.

5. Measures to remedy consequences:

Obligation to destroy materials and means containing information about methods of determining the sex of the fetus used to commit acts stipulated in point a and point b of Clause 1, and point d of Clause 2 of this Article.

Article 10. Production, business operation, importation, and provision of contraceptive devices contrary to the provisions of the law

1. A fine equal to double the value of the contraband contraceptive devices but not exceeding VND 30,000,000 for any of the following acts:

a) Operating and providing contraceptive devices that do not meet the quality standards prescribed by law;

b) Operating and providing substandard contraceptive devices that have been inspected for quality and tested by competent authorities with a written conclusion;

c) Operating and providing contraceptive devices past their expiration date as marked on the product or packaging, or although not yet expired, have been notified by competent authorities not to be used further;

d) Producing or importing contraceptive devices that do not meet the quality standards prescribed by law;

đ) Producing or importing substandard contraceptive devices that have been inspected for quality and tested by competent authorities with a written conclusion;

e) Importing contraceptive devices past their expiration date as marked on the product or packaging;

g) Operating, importing, and providing contraceptive devices without permission from the competent state authority to circulate in Vietnam;

2. Additional forms of punishment:

a) Seizure of all contraceptive devices contrary to the provisions of the law;

b) Revocation of the right to use the license for three to six months for individuals or organizations committing the act stipulated in Clause 1 of this Article;

3. Measures to remedy consequences:

a) Compel the destruction of contraceptive devices harmful to human health;

b) Compel individuals or organizations to return the amount of money equivalent to the value of the contraceptive devices sold or disposed of contrary to the provisions of the law;

Article 11. Acts of propaganda and dissemination of population information contrary to the provisions of the law

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

a) Propaganda and dissemination of population information contrary to the Party's policy and state laws; disseminating inaccurate population information without legal basis, not approved or accepted by competent authorities;

b) Exploiting the dissemination of population information, reproductive health, family planning to distribute materials or items containing pornographic, vulgar content or contrary to social customs, traditions, and morals;

2. A fine of VND 10,000,000 to VND 20,000,000 for agencies or organizations performing any of the acts stipulated in Clause 1 of this Article;

3. Additional forms of punishment:

a) Seizure of materials and means used to commit the act stipulated in Clause 1 of this Article;

b) Revocation of the right to use the practice license for three to six months for individuals or organizations committing the act stipulated in Clause 1 of this Article;

Article 12. Acts of obstructing or refusing medical examination and treatment for children

1. A fine from VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts:

a) Individuals caring for, raising, supervising, or teaching children who fail to promptly inform the family or immediately take the child to the nearest healthcare facility when the child suddenly shows signs of serious illness leading to severe consequences;

b) Refusal to examine and treat children;

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on one of the following acts:

a) Collecting fees for medical examination and treatment of children under six years old at public healthcare facilities contrary to the provisions of the law;

b) Intentionally failing to use medical equipment and means for examining and treating children when conditions permit and permission has been granted;

3. Additional forms of punishment:

Revocation of the right to use the license or practice certificate for three to six months for individuals or organizations committing the acts stipulated in Clause 1 and Clause 2 of this Article;

4. Measures to remedy consequences:

a) Compel individuals or organizations to bear all costs for medical examinations for children due to the act stipulated in point a of Clause 1 of this Article;

b) Compel individuals or organizations to return the amount of money obtained from the act stipulated in point a of Clause 2 of this Article.

Article 13. Acts of parents abandoning their children or guardians abandoning the children under their guardianship

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:

a) Immediately after giving birth, the father or mother abandons the child, does not care for or nurture the child;

b) Parents leave their children to others for nurturing, severing relations, and failing to fulfill the obligation of contributing to the nurturing of the child, despite having the ability to perform this duty, except in cases where the child is adopted according to the provisions of the law;

c) Parents neglect their children, guardians neglect the children under their guardianship, allowing them to live on their own without caring for, nurturing, or educating them, thereby placing these children in special circumstances as stipulated in Article 40 of the Law on Protection, Care, and Education of Children.

2. Measures to remedy consequences:

Obligate individuals to fulfill the responsibility of caring for, nurturing, and providing maintenance for children according to the provisions of the law due to committing acts specified in points b and c of Clause 1 of this Article.

Article 14. Acts of enticing and luring children to wander; exploiting wandering children for personal gain

1. Fine from VND 1,000,000 to VND 2,000,000 for parents who force their children to wander to earn a living, or guardians who force the children under their guardianship to wander to earn a living.

2. Fine from VND 2,000,000 to VND 5,000,000 for any of the following acts:

a) Speaking, writing, translating, reproducing books, newspapers, materials, pictures, recordings, filming, or other acts aimed at enticing and luring children to leave home and wander;

b) Using money, material goods, reputation, or other benefits to entice and lure children living with their families to leave home and wander.

3. Fine from VND 5,000,000 to VND 10,000,000 for any of the acts of gathering and harboring wandering children to sell lottery tickets, books, newspapers, pictures, peddle goods, or other activities aimed at profiting.

4. Additional forms of administrative punishment:

Seize books, newspapers, materials, pictures, tapes, discs containing content that entices and lures children to leave home and wander.

5. Measures to remedy consequences:

a) Obligate individuals and organizations to return the proceeds obtained from committing the act specified in Clause 3 of this Article;

b) Obligate the destruction of books, newspapers, materials, pictures, tapes, discs containing content that entices and lures children to leave home and wander, which were used to commit the act specified in point a of Clause 2 of this Article.

Article 15. Acts of inciting sexual desire in children

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:

a) Exposing children to pornographic cultural products or products with pornographic content;

b) Affecting the body of children to incite sexual desire in children.

2. Fine from VND 10,000,000 to VND 20,000,000 for the act of including images of children in pornographic cultural products or products with pornographic content.

3. Additional forms of punishment:

Seize cultural products and products with pornographic content used to commit the act specified in point a of Clause 1 and Clause 2 of this Article.

Article 16. Acts of exploiting, enticing, and forcing children to buy, sell, or use cultural products with violent or pornographic content; producing, trading harmful toys or games for the healthy development of children

1. Fine from VND 500,000 to VND 1,000,000 for the act of using emotional relationships, reputation, dependence of children, money, material goods, reputation, or other benefits, lying, cheating to entice and lure children to buy, sell, rent, borrow, or use cultural products or products with violent or pornographic content.

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

a) Using violence, threatening to use violence, or using authority to force children to buy, sell, rent, borrow, or use cultural products or products with violent or pornographic content;

b) Producing, transporting, trading, storing violent, pornographic, dangerous games harmful to the personality development and health of children.

3. Fine from VND 5,000,000 to VND 10,000,000 for the act of importing violent, pornographic, dangerous toys or games harmful to the personality development and health of children.

4. Additional forms of administrative punishment:

a) Revoke the license indefinitely for individuals or organizations committing the act specified in point b of Clause 2 and Clause 3 of this Article;

b) Seize materials, cultural products, products with pornographic or violent, pornographic content used to commit the act specified in Clause 1, Clause 2, and Clause 3 of this Article.

Article 17. Acts of tormenting, mistreating, and humiliating children; exploiting children for profit

1. A fine from VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts:

a) Insulting, defaming, damaging the dignity and reputation, causing mental harm to children;

b) Treating poorly, depriving of food and drink, making them endure cold, wearing torn clothes, restricting personal hygiene, confining in harmful or dangerous environments, or forcing them to perform socially immoral acts;

c) Forcing children to beg; renting, lending children, or using children for begging.

2. A fine of VND 2,000,000 to VND 5,000,000 for acts of beating or violent behavior that physically and mentally injure children.

3. A fine of VND 5,000,000 to VND 10,000,000 for organizing children to beg.

4. Measures to remedy consequences:

a) Compelling individuals or organizations to bear all costs for medical examination and treatment for children due to acts specified in point a and point b, Clause 1, Articles 17 and 18 herein;

b) Compelling individuals or organizations to bear all costs for returning children to their families, substitute families, or child assistance facilities due to acts specified in point b and point c, Clause 1, Articles 17 and 19 herein.

Article 18. Acts of inciting children to hate parents, guardians, or infringing upon the lives, bodies, dignity, and reputations of others

1. A fine of VND 500,000 to VND 1,000,000 for acts of inciting or encouraging children in any form to hate their parents, guardians, or other family members.

2. A fine of VND 2,000,000 to VND 5,000,000 for acts of inciting or encouraging children to infringe upon the lives, bodies, dignity, and reputations of others.

3. A fine of VND 10,000,000 to VND 30,000,000 for organizing children to infringe upon the lives, bodies, dignity, and reputations of others.

Article 19. Acts of overworking children, using children for heavy, dangerous work, or contact with toxic substances, or performing other work contrary to labor laws

1. A fine of VND 500,000 to VND 1,000,000 for parents or guardians forcing children to perform household work beyond their capacity, time, affecting the development of children.

2. A fine of VND 5,000,000 to VND 10,000,000 for using children to buy, sell, transport counterfeit goods, prohibited items, illegal goods, or currency within the country.

3. A fine of VND 10,000,000 to VND 30,000,000 for using children to buy, sell, transport counterfeit goods, smuggled goods, illegal goods, or currency across borders.

4. Additional forms of administrative punishment:

Revoking the right to use licenses for three to six months for individuals or organizations committing acts specified in Clause 2 and Clause 3 of this Article.

5. Measures to remedy consequences:

Compelling individuals or organizations to return the proceeds obtained from acts specified in Clause 2 and Clause 3 of this Article.

Article 20. Acts obstructing children's education

1. Warning or a fine of VND 200,000 to VND 500,000 shall be imposed on one of the following acts:

a) Using force, threatening to use force, or using authority to compel children to drop out of school or take leave;

b) Tempting, enticing children to drop out of school or take leave;

c) Intentionally failing to fulfill obligations to contribute according to regulations, not ensuring educational time and conditions for children.

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on one of the following acts:

a) Forcing children to drop out of school or take leave to exert pressure, file complaints, or protest illegally;

b) Damaging educational infrastructure and teaching equipment in educational institutions.

3. Additional forms of punishment:

Seizing property and means used by individuals or organizations to commit acts specified in point b, Clause 2 of this Article.

4. Measures to remedy consequences:

Compelling individuals or organizations to restore the original condition or compensate for restoring educational infrastructure and teaching equipment damaged due to acts specified in point b, Clause 2 of this Article.

Article 21. Acts applying measures that insult, demean the dignity, or use torture against children who violate the law

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) Insulting, forcing children who violate the law to perform acts that insult, demean their dignity;

b) Violating the physical body, causing physical pain or mental harm to children who violate the law.

2. Measures to remedy consequences:

Obliging individuals and organizations to bear all costs for medical examination and treatment for children due to the implementation of the acts stipulated in Clause 1 of this Article.

Article 22. Acts of establishing production facilities, warehouses storing pesticides, toxic chemicals, flammable and explosive materials near childcare institutions, educational facilities, healthcare facilities, cultural centers, children's entertainment venues, or vice versa

 

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:

a) Establishing production facilities, warehouses storing pesticides, toxic chemicals, flammable and explosive materials within the range affecting childcare institutions, educational facilities, healthcare facilities, cultural centers, children's entertainment venues;

b) Establishing production and business facilities with harmful waste, loud noise within the range affecting childcare institutions, educational facilities, healthcare facilities, cultural centers, children's entertainment venues;

c) Establishing childcare institutions, educational facilities, healthcare facilities, cultural centers, children's entertainment venues within the range affected by production facilities, warehouses storing pesticides, toxic chemicals, flammable and explosive materials, or production and business facilities with harmful waste, loud noise.

2. Additional forms of punishment:

Revoking the right to use licenses indefinitely for individuals and organizations implementing the acts stipulated in Clause 1 of this Article.

3. Measures to remedy consequences:

a) Obliging individuals and organizations to restore the initial state that has been changed or to dismantle construction works, illegal installations due to the implementation of the act stipulated at point a, Clause 1 of this Article;

b) Obliging individuals and organizations to implement measures to mitigate environmental pollution caused by the implementation of the act stipulated at point b, Clause 1 of this Article.

Article 23. Acts of using facilities intended for education, living, recreation, and entertainment of children for other purposes, thereby affecting the interests of children

1. Imposing a fine of VND 2,000,000 to VND 5,000,000 on acts of using facilities intended for education, living, recreation, and entertainment of children for other purposes, thereby affecting the interests of children.

2. Measures to remedy consequences:

a) Obliging individuals and organizations to return the excess profits obtained from the implementation of the act stipulated in Clause 1 of this Article;

b) Obliging individuals and organizations to restore the initial state that has been changed or to dismantle construction works, illegal installations due to the implementation of the act stipulated in Clause 1 of this Article.

Article 24. Acts of not announcing or not marking the age limit for children not allowed to use publications, toys, radio programs, television programs, art performances, films if the content is unsuitable for children

1. A warning or a fine from VND 100,000 to VND 300,000 shall be imposed for any of the following acts:

a) Not marking the age limit for children not allowed to use publications, toys if the content is unsuitable for children;

b) Not announcing the age limit for children not allowed to watch, listen to radio programs, television programs, art performances, films, and performances if the content is unsuitable for children.

2. Additional forms of punishment:

a) Revoking the right to use licenses for a period of 01 month to 03 months for individuals and organizations implementing the acts stipulated at points a and b, Clause 1 of this Article;

b) Confiscating the items used by individuals and organizations to implement the act stipulated at point a, Clause 1 of this Article.

Article 25. Administrative violations by child assistance facilities

1. A fine of VND 200,000 to VND 500,000 shall be imposed for any of the following acts:

a) Operating without registration for establishment or without a license as prescribed by law;

b) Failing to ensure one of the conditions registered at the time of establishment, such as not having adequate physical infrastructure, equipment, staff with professional qualifications; the quality and ethics of staff and teachers are not suitable for the registered child assistance activities; lacking financial resources to cover costs for child assistance activities;

c) Not implementing or implementing incorrectly or incompletely the provisions of the operational regulations approved by the competent authority;

d) Continuing to operate after the expiration of the license term without applying for renewal as prescribed;

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

a) Operating outside the scope specified in the license;

b) Failing to process procedures to change the license when changing the name, headquarters location, ownership, or activity content;

3. A fine from VND 2,000,000 to VND 5,000,000 shall be imposed for any of the following acts:

a) Repairing, altering, or forging documents to obtain permission to establish a child assistance facility;

b) Using funds from the child assistance facility for purposes other than those serving child assistance;

c) Organizing service fee collection contrary to legal provisions or without a contractual agreement;

4. Additional forms of administrative punishment:

Revoking the right to use the operating license for three to six months for individuals or organizations that commit the acts stipulated in point a, Clause 2, Article 25; revoking the right to use the operating license indefinitely for individuals or organizations that commit the acts stipulated in points a, b, and c, Clause 3, Article 25;

5. Measures to remedy consequences:

a) Compelling organizations to register for establishing a child assistance facility as prescribed in Articles 45, 46, and 47 of the Law on Protection, Care, and Education of Children due to committing the act stipulated in point a, Clause 1, Article 25;

b) Compelling individuals or organizations to return the excess amount obtained from committing the acts stipulated in points b and c, Clause 3, Article 25;

Chapter III

AUTHORITY TO IMPOSE ADMINISTRATIVE SANCTIONS AND PROCEDURES FOR ENFORCEMENT OF DECISIONS ON ADMINISTRATIVE SANCTIONS

AND THE ENFORCEMENT OF THE DECISION ON FINES

Article 26. Authority to impose administrative sanctions by Population, Family, and Child Inspectors

1. Population, Family, and Child Inspectors performing their duties have the right:

a) To issue warnings;

b) To impose fines up to 200,000 dong;

c) To confiscate objects or means of transportation valued up to 2,000,000 dong used to commit administrative violations;

d) Apply remedial measures as stipulated in Chapter II of this Decree.

2. The Chief Inspector of Population, Family, and Child of the Provincial Population, Family, and Child Committee performing their duties have the right:

a) To issue warnings;

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

c) To revoke the right to use licenses or professional certificates within their authority;

d) To confiscate objects or means of transportation used to commit administrative violations;

đ) Apply remedial measures prescribed in Chapter II of this Decree.

3. The Chief Inspector of Population, Family, and Child of the Population, Family, and Child Committee performing their duties have the right:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) To revoke the right to use licenses or professional certificates within their authority;

d) To confiscate objects or means of transportation used to commit administrative violations;

đ) Apply remedial measures prescribed in Chapter II of this Decree.

Article 27. Authority to impose administrative sanctions by Chairpersons of People's Committees at all levels

Chairpersons of People's Committees at all levels have the authority to impose administrative sanctions according to the provisions of Articles 28, 29, and 30 of the Administrative Violation Handling Ordinance within their local jurisdiction for administrative violations related to population and children as prescribed in this Decree;

Article 28. Authority to impose administrative sanctions by Public Security Forces, Border Guard, Coast Guard, Customs, Tax Authorities, Market Management Agencies, and Other Specialized Inspectors

Public Security Forces, Border Guard, Coast Guard, Customs, Tax Authorities, Market Management Agencies, and Other Specialized Inspectors have the authority to impose administrative sanctions according to the provisions of Articles 31, 32, 33, 34, 36, 37, and 38 of the Administrative Violation Handling Ordinance for administrative violations related to population and children directly under their management as prescribed in this Decree.

Article 29. Allocation of Administrative Offense Penalty Authority

1. In cases where administrative offenses as prescribed in this Decree fall within the penalty authority of multiple persons, the penalty shall be carried out by the person who first takes charge of the case.

2. The penalty authority of the persons specified in Articles 26, 27, and 28 of this Decree applies to certain administrative offenses. In cases involving fines, the penalty authority is determined based on the maximum amount of the fine range prescribed for each specific offense.

3. In cases where a person commits multiple administrative offenses, the penalty authority is determined according to the principle stipulated in Clause 3, Article 42 of the Administrative Violation Handling Ordinance.

Article 30. Penalty Procedure

1. Upon discovering an administrative offense related to population and children, the person with penalty authority must immediately issue an order to stop the administrative offense.

2. In cases where the administrative offense is penalized by way of warning or a fine up to VND 100,000, the person with penalty authority must issue a penalty decision on the spot according to the simplified penalty procedure prescribed in Article 54 of the Administrative Violation Handling Ordinance and Article 19 of Government Decree No. 134/2003/NĐ-CP dated November 14, 2003 detailing the implementation of certain provisions of the Administrative Violation Handling Ordinance.

3. In cases where the administrative offense is penalized by way of a fine exceeding VND 100,000, the person with penalty authority must promptly prepare a record of the administrative offense. The procedures for preparing the record and the time limit for issuing the penalty decision shall be implemented according to the provisions of Articles 20 and 21 of Government Decree No. 134/2003/NĐ-CP dated November 14, 2003 detailing the implementation of certain provisions of the Administrative Violation Handling Ordinance.

The time limit for issuing a decision to penalize administrative offenses related to population and children shall be implemented according to the provisions of Article 56 of the Administrative Violation Handling Ordinance.

4. When imposing a fine, the specific amount of the fine for each administrative offense is the midpoint of the corresponding fine range prescribed in this Decree. If the violation has mitigating circumstances, the fine may be lower but not below the minimum level of the fine range already prescribed. If the violation has aggravating circumstances, the fine may be higher but not exceed the maximum level of the fine range already prescribed. When imposing a fine, the fine range and the specific fine amount must be announced to the person being fined.

5. A penalty decision becomes effective from the date of signature, except when another effective date is specified in the decision.

The penalty decision must be sent to the individual or organization being penalized and the agency collecting the fine within three days from the date of issuance of the penalty decision.

6. Individuals or organizations fined must pay the fine at the designated payment location as prescribed in Article 58 of the Administrative Violation Handling Ordinance.

Article 31. Procedure for Revoking the Right to Use Licenses and Professional Certificates

The procedure for revoking the right to use various licenses and professional certificates related to population and children shall be carried out according to the provisions of Article 59 of the Administrative Violation Handling Ordinance and Article 11 of Government Decree No. 134/2003/NĐ-CP dated November 14, 2003 detailing the implementation of certain provisions of the Administrative Violation Handling Ordinance.

Article 32. Procedure for Confiscation of Evidence and Means Used to Commit Administrative Violations

1. When applying the form of confiscation of evidence and means used to commit administrative violations related to population and children, the authority with the power to impose penalties must implement the procedures as prescribed in Article 60 of the Ordinance on Handling Administrative Violations.

2. The handling of evidence and means used to commit administrative violations related to population and children shall be carried out in accordance with the provisions of Article 61 of the Ordinance on Handling Administrative Violations.

Article 33. Enforcement of Penalty Decisions

1. Individuals and organizations subject to administrative violation penalties must enforce the penalty decision within ten days from the date they receive the penalty decision, except where otherwise provided by law. This time limit is clearly stated in the penalty decision. Beyond this period, if individuals or organizations subject to penalties do not voluntarily comply, the authority with the power to impose administrative violation penalties has the right to apply coercive measures to enforce the decision.

2. The suspension of enforcement of monetary fines is implemented in accordance with the provisions of Article 65 of the Ordinance on Handling Administrative Violations.

3. The organization of coercive enforcement and the application of coercive measures to enforce decisions on administrative violation penalties shall be carried out in accordance with the provisions of Article 66 of the Ordinance on Handling Administrative Violations and Decision No. 37/2005/NĐ-CP dated March 18, 2005 of the Government on the procedures for applying coercive measures to enforce decisions on administrative violation penalties.

4. The administrative violation penalty decision must be handed over to the individual or organization subject to the penalty or notified to them to come and receive it; the time when the individual or organization subject to the penalty receives the penalty decision is considered the time when the decision is handed over. If the individual or organization subject to administrative violation penalties does not voluntarily comply with the penalty decision within the time limit prescribed in Article 64 of the Ordinance on Handling Administrative Violations, they will be subject to coercive enforcement. In cases where more than twelve months have passed and the penalty decision cannot be delivered to the individual or organization subject to the penalty due to their failure to come and receive it, or due to the inability to determine their address, or for other objective reasons, the person who issued the penalty decision shall issue a decision to suspend the execution of the forms of punishment and remedial measures recorded in the decision, except for the form of confiscation of evidence and means used to commit administrative violations; for evidence and means used to commit administrative violations that are currently being temporarily detained, the provisions of Clause 4, Article 61 of the Ordinance on Handling Administrative Violations shall apply.

Article 34. Transfer of Violation Case Files with Signs of Criminal Offenses for Criminal Liability Pursuit

When examining a violation case to make a penalty decision, if it is found that the violation act has signs of criminal offenses, the authority with the power to impose penalties must immediately transfer the file to the competent authority to initiate criminal proceedings in accordance with the provisions of Article 62 of the Ordinance on Handling Administrative Violations.

The Criminal Procedure Authority must resolve the violation case within the time limit prescribed in Article 103 of the Criminal Procedure Code and must notify the result of resolution to the authority that transferred the violation case file in accordance with the provisions of Article 26 of the Criminal Procedure Code.

Chapter IV

IMPLEMENTING PROVISIONS

Article 35. Effective Date

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 36. Responsibility for Implementation

1. The Minister, Head of the National Committee on Population, Family and Children shall take the lead and coordinate with the Ministers and Heads of Ministries and Equivalent Agencies to guide the implementation of this Decree.

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