Decree No. 120/2013/NĐ-CP stipulates administrative penalties for violations in the national defense and cryptographic sectors, applicable to individuals and organizations. The core content includes fines, penalty authority, and measures to mitigate consequences.
Scope of application
Individuals and organizations violating administrative regulations in the national defense and cryptographic sectors.
Key points
- Violation of military service obligations: Fine from VND 200,000 to VND 600,000 for individuals, double the fine for organizations.
- Violation of regulations concerning civilian defense forces: Fine from VND 500,000 to VND 15,000,000 for individuals, depending on specific actions.
- Violation of regulations concerning the use of military driving licenses and license plates: Fine from VND 4,000,000 to VND 6,000,000 for individuals, double the fine for organizations.
- Violation of regulations concerning the protection of national defense works: Fine from VND 2,000,000 to VND 50,000,000 depending on specific actions.
- Penalty authority is delegated to agencies such as the Chairman of the People's Committee, National Defense Inspectorate, Public Security, Market Management, Border Guard, and Coast Guard.
🌐 Social impact of this document
- Imposes economic burdens on individuals and organizations that violate administrative regulations.
- Reinforces discipline within the military and cryptographic sectors.
- Imposes fines from VND 200,000 to VND 75,000,000 depending on the degree of violation, creating barriers to violations.
- Minimizes risks to national security and state secrets.
- Enhances land management by the Military.
❓ Frequently asked questions
What are the specific monetary penalties for violations of military service obligations?
Fine from VND 200,000 to VND 600,000 for individuals, double the fine for organizations.
What are the specific monetary penalties for violations of regulations concerning civilian defense forces?
Fine from VND 500,000 to VND 15,000,000 for individuals, depending on specific actions.
What are the specific monetary penalties for violations of regulations concerning the use of military driving licenses and license plates?
Fine from VND 4,000,000 to VND 6,000,000 for individuals, double the fine for organizations.
What are the specific monetary penalties for violations of regulations concerning the protection of national defense works?
Fine from VND 2,000,000 to VND 50,000,000 depending on specific actions.
Which agencies are delegated penalty authority?
Chairman of the People's Committee, National Defense Inspectorate, Public Security, Market Management, Border Guard, and Coast Guard.
Full text
DECREE
Regulations on administrative penalties for violations in the field of national defense and cryptologyu
_____________________
Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;
Based on the Law on National Defense dated June 14, 2005;
Based on the Law on Military Service dated December 30, 1981; the Law Amending and Supplementing Certain Articles of the Law on Military Service in 1990, 1994, and 2005;
Based on the Law on Officers of the Vietnam People's Army dated December 21, 1999; the Law Amending and Supplementing Certain Articles of the Law on Officers of the Vietnam People's Army in 2008;
Pursuant to the Law on Militia and Self-defense dated November 23, 2009;
Pursuant to the Law on Cryptography dated November 26, 2011;
Based on the Ordinance on Reserve Mobilization Forces dated August 27, 1996;
Based on the Ordinance on Industrial Mobilization dated February 25, 2003;
Based on the Ordinance on National Defense Industry dated January 26, 2008;
Pursuant to the Ordinance on Protection of National Defense Works and Military Areas dated May 19, 1994;
"Based on the proposal of the Minister of National Defense;"
The Government issues this Decree to regulate administrative penalties for violations in the field of national defense and cryptology,
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
1. This Decree stipulates acts of administrative violation, forms of penalty, levels of penalty, measures to remedy consequences, authority to impose penalties, and authority to issue administrative violation reports for violations in the field of national defense and cryptology.
2. Administrative violations in the field of national defense include:
a) Violations of regulations on performing military service obligations;
b) Violations of regulations on reserve mobilization forces;
c) Violations of regulations on industrial mobilization;
d) Violations of regulations on national defense industry activities;
đ) Violations of regulations on civilian self-defense forces;
e) Violations of regulations on protecting national defense works and military areas; encroachment on national defense land, residential land, and housing managed by the Army;
g) Violations of regulations on using military driving licenses, motorcycle license plates, automobile license plates, and military transport vehicle license plates;
h) Violations of regulations on using, purchasing, selling, producing military uniforms and work badges, flags, and emblems.
3. Administrative violations in the field of cryptology include:
a) Violations of regulations on using cryptographic products not provided by the State Cryptography Board to protect information within the scope of state secrets;
b) Violations of regulations on protecting state secrets when transmitting secret information via communication means or storing secret information via electronic devices without encrypting with cryptography;
c) Violations of regulations on the period during which participation in cryptographic activities is prohibited and regulations on producing and supplying cryptographic products to protect information within the scope of state secrets.
4. Acts of administrative violation related to the fields of national defense and cryptology as prescribed in Decrees regulating administrative penalties concerning land management; health; social insurance; traffic; construction; state asset management and use; public security, social order, and safety, and other fields shall be penalized according to the provisions of those Decrees.
Article 2. Time limit for administrative penalties in the field of national defense and cryptology
The time limit for administrative penalties in the field of national defense and cryptology is one year. For administrative penalties regarding the management of national defense land, residential land, and housing managed by the Army; national defense works and military areas, the time limit is two years.
Article 3. Provisions on fines for individuals and organizations and authority to impose fines
1. The maximum fine in the field of national defense and cryptology is set as follows:
a) The maximum fine in the field of national defense for individuals is 75,000,000 VND, and for organizations is 150,000,000 VND;
b) The maximum fine in the field of cryptology for individuals is 50,000,000 VND, and for organizations is 100,000,000 VND.
2. The fines for acts of administrative violation prescribed in Sections 1, 2, 3, 4, 5, 6, 7, 8 Chapter II and Section 1 Chapter III of this Decree apply to individuals. For the same act of administrative violation, the fine for organizations is twice the fine for individuals.
3. The authority to impose fines for the positions listed in Section 9 Chapter II and Section 2 Chapter III of this Decree applies to individuals; the authority to impose fines for organizations is twice the authority to impose fines for individuals.
Chapter II
ADMINISTRATIVE PENALTIES FOR VIOLATIONS IN THE FIELD OF NATIONAL DEFENSE
Section 1
ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF PENALTY
AND MEASURES TO REMEDY CONSEQUENCES REGARDING THE PERFORMANCE OF MILITARY SERVICE OBLIGATIONS
Article 4. Violation of regulations on military service registration
1. Warning shall be imposed for the act of not registering for military service for the first time by male citizens who have reached the age of 17 years and are required to register for military service.
2. A fine of from VND 200,000 to VND 600,000 shall be imposed for any of the following acts:
a) Not registering for military service for the first time, except in the case provided for in Clause 1 of this Article;
b) Not registering for supplementary purposes when there is a change in name, address of residence, or workplace as prescribed;
c) Not performing the registration for relocation before moving residence as prescribed;
d) Not performing the registration for reserve cadre as prescribed.
3. Measures to remedy consequences: Compel registration for military service, supplementary registration, relocation registration, and registration for reserve cadre for the acts prescribed in Clause 1 and Clause 2 of this Article.
Article 5. Violation of regulations on preliminary examination for military service performance
1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for the act of not being present at the time or place specified in the preliminary examination call-up notice for military service without a legitimate reason.
2. Measures to remedy consequences: Compel participation in the preliminary examination for military service according to the plan of the Military Service Council for the act prescribed in Clause 1 of this Article.
Article 6. Violation of regulations on inspection and health examination for military service performance
1. A fine of from VND 800,000 to VND 1,200,000 shall be imposed for the act of not being present at the time or place specified in the inspection and health examination call-up notice for military service without a legitimate reason.
2. A fine of from 2,000,000 VND to 4,000,000 VND shall be imposed for any of the following violations:
a) The person undergoing health examination falsifies their health classification results to evade military service obligations;
b) Offering money or other material benefits to medical staff to falsify the health classification results of the person undergoing health examination for military service;
c) Medical staff intentionally falsify health factors of the person undergoing health examination for military service.
3. Measures to remedy consequences:
a) Compel the person to undergo inspection or health examination according to the plan of the Military Service Council for the act prescribed in Clause 1 of this Article;
b) Compel the return of all unlawful gains obtained by medical staff for the act prescribed in Point b Clause 2 of this Article;
c) Compel the re-examination of health for the person undergoing health examination for military service prescribed in Points a, b, and c Clause 2 of this Article.
Article 7. Violation of regulations on enlistment
1. A fine of from VND 1,500,000 to VND 2,500,000 shall be imposed for the act of not being present at the time or place specified in the enlistment call-up order without a legitimate reason.
2. Measures to remedy consequences: Compel compliance with the enlistment call-up order for the act prescribed in Clause 1 of this Article.
Article 8. Violation of regulations on performance of military service during active duty
1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following violations:
a) Desertion while performing military service during active duty in peacetime but without serious consequences, where the military unit at the Brigade level and equivalent has sent a desertion notification and reduced personnel strength to the People's Committee of the commune and the military authority of the district;
b) Sheltering or covering up for deserting soldiers.
2. Measures to remedy consequences: Compel the return of all issued military equipment and compel the performance of military service according to the provisions of the Law on Military Service for the act prescribed in Point a Clause 1 of this Article.
Article 9. Violation of regulations on performing military service obligations
1. A fine of from VND 1,500,000 to VND 2,000,000 shall be imposed for the act of not arranging time or creating conditions for citizens to perform military service registration, preliminary selection for military service, health examination for military service performance, and execution of conscription orders.
2. A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed for the act of obstructing persons responsible for performing tasks related to military service registration, preliminary selection for military service, health examination for military service performance, and execution of conscription orders.
3. A fine of from VND 3,000,000 to VND 5,000,000 for one of the following violations:
a) Not reporting or reporting inaccurately the list of male citizens aged 17 years old in the year and female citizens with technical expertise needed by the Military from 18 to 40 years old;
b) Not reporting or reporting inaccurately the number of reserve military personnel and those ready for enlistment at their agencies or organizations according to regulations.
4. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of not accepting back citizens who have completed their military service obligations to return to their previous agencies or organizations for work.
5. Measures to remedy consequences:
a) Order to arrange and create conditions for citizens to perform the system of military service registration, preliminary selection, health examination for military service performance, and compliance with conscription orders according to the provisions of the law for the act stipulated in Clause 1 of this Article;
b) Order to accept back citizens who have completed their military service obligations to return to their previous agencies or organizations for work for the act stipulated in Clause 4 of this Article.
Section 2
VIOLATIONS OF ADMINISTRATIVE LAW AND FORMS OF PENALTIES AND MEASURES TO REMEDY THE CONSEQUENCES REGARDING RESERVE FORCES
Article 10. Violation of regulations on registering reserve officers
1. A fine of from VND 500,000 to VND 1,500,000 shall be imposed for the act of not registering into the reserve officer rank at the local military authority where the citizen resides or at the local military authority where the agency or organization has moved to when changing residence or workplace.
2. Measures to remedy consequences: Order to comply with the registration into the reserve officer rank for the act stipulated in Clause 1 of this Article.
Article 11. Violation of regulations on training reserve officers
1. A fine of from VND 800,000 to VND 1,200,000 shall be imposed for the act of not being present at the time and place specified in the call-up notice for health check to select or decide to go for reserve officer training without a valid reason.
2. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for the act of not arranging time or creating conditions for citizens to perform the call-up notice for health check to select or decide to go for reserve officer training.
3. A fine of from VND 2,000,000 to VND 4,000,000 shall be imposed for any of the following violations:
a) The person conducting the health examination falsifies the health classification results to evade the obligation to go for reserve officer training;
b) Offering money or other material benefits to medical staff to falsify the health classification results of the person undergoing the health examination for reserve officer training;
c) Medical staff intentionally falsify the health factors of the person undergoing the health examination for reserve officer training.
4. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of not accepting back reserve officers who have completed their training to return to their previous agencies or organizations for work.
5. Measures to remedy consequences:
a) Order to comply with the call-up notice for health check to select or order to comply with the decision to go for reserve officer training for the act stipulated in Clause 1 of this Article;
b) Order to return the illegal gains obtained by the medical staff for the act stipulated in Point b Clause 3 of this Article;
c) Order to conduct the health examination again for the person undergoing the health examination for reserve officer training for the act stipulated in Points a, b, and c Clause 3 of this Article;
d) Order to accept back reserve officers who have completed their training to return to their previous agencies or organizations for work for the act stipulated in Clause 4 of this Article.
Article 12. Violation of regulations on centralized training, drill, readiness inspection for mobilization and combat readiness
1. A fine of from VND 800,000 to VND 1,200,000 shall be imposed on the act of not being present at the time or place specified in the centralized training, drill, readiness inspection for mobilization and combat readiness call order without a valid reason.
2. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on the act of not arranging or creating conditions for reserve military personnel to fulfill the regulations on centralized training, drill, readiness inspection for mobilization and combat readiness.
3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of not reassigning work for reserve military personnel who have completed centralized training, drill, readiness inspection for mobilization and combat readiness back to their original units or organizations.
4. Measures to remedy consequences:
a) Order to comply with the centralized training, drill, readiness inspection for mobilization and combat readiness call order issued by the competent authority for the act stipulated in Clause 1 of this Article;
b) Order to reassign work for reserve military personnel returning to their original units or organizations for the act stipulated in Clause 3 of this Article.
Article 13. Violation of regulations on registration of technical means
1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on one of the following acts violating the regulations on registration of technical means in the list of technical means subject to supplementary mobilization for the regular forces of the Military:
a) Not registering technical means with the competent authority where the individual resides or where the organization has its headquarters;
b) Not registering additional information when there is a change in the performance, function, and technical condition of the technical means;
c) Not registering a change in residence or registering a move when the owner changes residence;
d) Not implementing the deregistration of technical means as prescribed;
đ) Not implementing temporary registration for technical means that have been arranged according to the plan for supplementary mobilization for the regular forces of the Military.
2. Measures to remedy consequences: Order to comply with the regulations on the registration system of technical means for the act stipulated in Clause 1 of this Article.
Article 14. Violation of regulations on mobilizing technical means
1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of not complying with the decision or order to mobilize technical means not assigned to reserve units for service in training, drill, and inspection of reserve units during peacetime.
2. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed on the act of not complying with the decision or order to mobilize technical means already assigned to reserve units for training, drill, and inspection of reserve units during peacetime.
3. Measures to remedy consequences: Order to comply with the decision or order to mobilize technical means for the acts stipulated in Clause 1 and Clause 2 of this Article.
Section 3
VIOLATIONS OF ADMINISTRATIVE REGULATIONS ON INDUSTRIAL MOBILIZATION, FORMS OF FINES AND MEASURES TO REMEDY CONSEQUENCES
Article 15. Violation of regulations on industrial mobilization
1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of providing incomplete or inaccurate information about production and repair capacity to the survey agency.
2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on the act of not cooperating with the survey agency to perform the task of surveying production and repair capacity of industrial enterprises.
3. A fine of from VND 50,000,000 to VND 75,000,000 shall be imposed on one of the following violations:
a) Evading the fulfillment of assigned industrial mobilization tasks;
b) Not complying with the decision to mobilize participation in industrial mobilization drills.
4. Measures to remedy consequences:
a) Order to provide complete and accurate information about production and repair capacity to the survey agency for the act stipulated in Clause 1 of this Article;
b) Order to fulfill the industrial mobilization task for the act stipulated in Point a of Clause 3 of this Article.
Article 16. Violations concerning management and use of equipment and technical documents serving industrial mobilization
1. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed on industrial enterprises assigned equipment by the State that commit one of the following violations:
a) Not maintaining a logbook or not recording the usage and changes in the assigned equipment;
b) Not establishing regulations for managing and using the assigned equipment;
c) Not conducting an inventory of the quantity and quality of the assigned equipment as prescribed;
d) Not reporting to the competent authority the results of the inventory of the quantity and quality of the assigned equipment as prescribed.
2. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed on one of the following violations:
a) Not reporting to the direct superior agency or not submitting a written request to the Minister of National Defense when utilizing the assigned equipment for purposes other than completing production lines or repairing equipment outside the industrial mobilization plan;
b) Not submitting a written report to the agency that issued the decision to establish the enterprise and the Ministry of National Defense when there is a decision to merge, split, dissolve, transfer ownership to another subject, or file for bankruptcy declaration, or complete technological renovation without the ability to fulfill the industrial mobilization mission.
3. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on one of the following violations:
a) Utilizing the assigned equipment for purposes other than those permitted by the industrial mobilization plan beyond the allowed content and time limit;
b) Using funds allocated for depreciation of assets invested by the State for purposes other than intended.
4. A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed on one of the following violations:
a) Destroying or losing technical documents assigned by the State for industrial mobilization;
b) Not fully transferring technical documents and equipment assigned by the State upon a decision to recover them.
5. Measures to remedy consequences:
a) Compulsory recovery of equipment and technical documents assigned by the State for industrial mobilization for the violation specified in Point a Clause 3 of this Article;
b) Compulsory repayment of funds allocated for depreciation of assets used for unintended purposes for the violation specified in Point b Clause 3 of this Article.
Article 17. Violations concerning industrial mobilization products
1. A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed on the act of delivering industrial mobilization products that do not meet the quantity requirements set forth in the mobilization plan.
2. A fine of from 30,000,000 VND to 40,000,000 VND shall be imposed on the act of delivering industrial mobilization products that do not meet the quality requirements set forth in the mobilization plan.
3. A fine of from 40,000,000 VND to 50,000,000 VND shall be imposed on the act of using industrial mobilization products for commercial purposes, giving, lending, pledging, or selling.
4. Remedial measures: Compulsory recovery or destruction of non-compliant products that harm human health, livestock, or the environment for the violation specified in Clause 2 of this Article.
Section 4
ADMINISTRATIVE VIOLATIONS, FORMS OF PENALTIES AND REMEDIAL MEASURES FOR CONSEQUENCES IN DEFENSE INDUSTRIAL ACTIVITIES
Article 18. Violation of regulations on application files for obtaining certificates of eligibility to participate in national defense industry activities
1. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed on the act of altering, erasing, or engaging in other acts that distort the content of documents and materials in the application file for obtaining certificates of eligibility to participate in national defense industry activities.
2. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on the act of forging or using forged documents and materials in the application file for obtaining certificates of eligibility to participate in national defense industry activities.
3. Additional form of administrative sanction: Confiscation of altered, erased, or forged documents and materials for the acts stipulated in Clause 1 and Clause 2 of this Article.
4. Measures to remedy consequences: Revocation of certificates of eligibility to participate in national defense industry activities already issued for the acts stipulated in Clause 1 and Clause 2 of this Article.
Article 19. Violation of regulations on the use of certificates of eligibility to participate in national defense industry activities
1. A fine of from VND 7,000,000 to VND 10,000,000 shall be imposed on the act of altering, erasing, or engaging in other acts that distort the content of certificates of eligibility to participate in national defense industry activities.
2. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed on the act of transferring, leasing, or lending certificates of eligibility to participate in national defense industry activities.
3. Additional form of administrative sanction: Suspension of the right to use certificates of eligibility to participate in national defense industry activities for a period of from six months to twelve months for the act stipulated in Clause 2 of this Article.
4. Measures to remedy consequences: Revocation of certificates of eligibility to participate in national defense industry activities already issued for the act stipulated in Clause 1 of this Article.
Article 20. Violation of regulations on the implementation of national defense industry activities
1. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following violations:
a) Failure to report regularly on participation in national defense industry activities to the contracting agency and the agency issuing the certificate of eligibility to participate in national defense industry activities;
b) Failure to report promptly when requested by competent agencies of the Ministry of National Defense.
2. Fine from VND 10,000,000 to VND 20,000,000 for one of the following violations:
a) Implementation of national defense industry activities not in accordance with the type, quantity, and technical specifications of goods and services as stipulated in the contract for national defense industry activities;
b) Implementation of national defense industry activities not in accordance with the content of the certificate of eligibility to participate in national defense industry activities already issued.
3. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on the act of implementing national defense industry activities without signing a national defense industry activity contract.
4. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed on the act of failing to maintain the conditions for participating in national defense industry activities as certified in the certificate of eligibility to participate in national defense industry activities.
5. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed on the act of implementing national defense industry activities without having obtained a certificate of eligibility to participate in national defense industry activities.
6. Additional form of administrative sanction: Suspension of the right to use the certificate of eligibility to participate in national defense industry activities already issued for a period of from one month to three months for the act stipulated at Point b Clause 2 of this Article.
Section 5
ADMINISTRATIVE VIOLATIONS, FORMS OF SANCTIONS AND MEASURES TO REMEDY CONSEQUENCES REGARDING CIVILIAN DEFENSE FORCES
Article 21. Violations concerning the organization of civilian militia
1. A fine of from VND 500,000 to VND 1,500,000 shall be imposed on the act of evading the performance of the duty to participate in core civilian militia.
2. A fine of from VND 2,000,000 to VND 4,000,000 shall be imposed on the act of obstructing the construction of civilian militia.
3. A fine of from VND 4,000,000 to VND 6,000,000 shall be imposed on the act of failing to implement decisions of competent authorities regarding the construction of civilian militia.
4. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed on the act of organizing civilian militia contrary to the law.
5. Measures to remedy consequences:
a) Compel the fulfillment of the duty to participate in civilian militia for the act prescribed in Clause 1 of this Article;
b) Compel the organization of civilian militia according to the decision of the competent authority for the act prescribed in Clause 3 of this Article;
c) Compel the dissolution of the civilian militia force organized contrary to the law for the act prescribed in Clause 4 of this Article.
Article 22. Violations concerning the training of civilian militia
1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on the act of not allocating time or creating conditions for persons with the duty to participate in civilian militia training.
2. A fine of from VND 2,000,000 to VND 4,000,000 shall be imposed on one of the following acts violating the organization of civilian militia training:
a) Organizing training that does not ensure the correct and sufficient time as prescribed;
b) Training that does not comply with the prescribed program and content.
3. Measures to remedy consequences: Compel the organization of supplementary training to make up for the time for the civilian militia force and train them in accordance with the prescribed program and content for the civilian militia force for the acts prescribed at Point a and Point b of Clause 2 of this Article.
Article 23. Violations concerning impersonating core civilian militia, using civilian militia, and obstructing civilian militia from performing their duties
1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on the act of impersonating core civilian militia.
2. A fine of from VND 2,000,000 to VND 4,000,000 shall be imposed on the act of using civilian militia for tasks not in accordance with their functions and responsibilities.
3. A fine of from VND 4,000,000 to VND 6,000,000 shall be imposed on the act of obstructing civilian militia officers and soldiers from performing their duties.
4. Additional form of punishment: Confiscation of objects of administrative violations for the act prescribed in Clause 1 of this Article.
Article 24. Violations concerning the management of weapons and equipment
1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on the act of using weapons illegally or lending weapons to others at will (except during combat).
2. A fine of from VND 2,000,000 to VND 4,000,000 shall be imposed on the act of being negligent in causing damage to weapons and equipment.
3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of being negligent in causing loss of weapons and equipment without reaching the level of criminal prosecution.
4. Additional form of punishment: Revocation of the permit to use weapons for a period of from 01 month to 03 months for the acts prescribed in Clause 1, Clause 2, and Clause 3 of this Article.
Chapter 6
ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF PENALTY
AND MEASURES TO REMEDY CONSEQUENCES REGARDING THE PROTECTION OF NATIONAL DEFENSE WORKS AND MILITARY AREAS, ENCROACHMENT ON NATIONAL DEFENSE LAND, RESIDENTIAL LAND, AND HOUSING MANAGED BY THE ARMED FORCES
Article 25. Violations concerning unauthorized travel, residence, production, and business within restricted areas, protected zones, and safety belts around national defense works and military areas
1. A warning shall be given for the act of unintentionally entering, exiting, or traveling within restricted areas, protected zones, and safety belts around national defense works and military areas.
2. A fine of from VND 300,000 to VND 500,000 shall be imposed on the act of intentionally entering, exiting, or traveling within protected zones and safety belts around national defense works and military areas.
3. A fine of from VND 500,000 to VND 1,000,000 shall be imposed on the act of intentionally entering, exiting, or traveling within restricted areas of national defense works and military areas.
4. A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed on the act of residing illegally within restricted areas, protected zones, and safety belts around national defense works.
5. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of producing or trading illegally within restricted areas, protected zones, and safety belts around national defense works and military areas.
6. Measures to remedy consequences: Compel the demolition of illegally constructed buildings and houses, restore the original condition, and compel relocation out of restricted areas, protected zones, and safety belts around national defense works and military areas for the acts prescribed in Clause 4 and Clause 5 of this Article.
Article 26. Violation of provisions on protecting the confidentiality of defense works and military zones
1. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for filming, photographing, measuring, and drawing the safety perimeter of defense works and military zones without authorization from the competent authority.
2. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed for filming, photographing, measuring, and drawing the protection area of defense works and military zones without authorization from the competent authority.
3. A fine of VND 3,000,000 to VND 4,000,000 shall be imposed for filming, photographing, measuring, and drawing the restricted area of defense works and military zones without authorization from the competent authority.
4. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for investigating the location, function, structure, and recording related data of defense works and military zones beyond one's duties, responsibilities, or without authorization from the competent authority.
5. Additional sanctions: Confiscation of contraband items and means of administrative violation for acts stipulated in Clause 1, Clause 2, Clause 3, and Clause 4 of this Article.
Article 27. Violation of provisions on protecting defense works and military zones
1. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for any of the following violations:
a) Allowing waste to penetrate and corrode, destroy the structure and equipment of defense works;
b) Installing equipment that affects the structure, function, safety, and confidentiality of defense works and military zones;
c) Damaging boundary markers and warning signs in the area of defense works and military zones;
d) Cutting down camouflage trees in defense works and military zones.
2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for exploiting materials, minerals, and antiques within the protection area and safety perimeter of defense works and military zones.
3. A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed for any of the following violations:
a) Allowing toxic chemicals and poisons to enter defense works;
b) Exploiting materials, minerals, and antiques on the roof, beside, under the bottom of defense works, or within the restricted area of defense works and military zones.
4. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for constructing works without authorization from the competent authority, affecting defense works and military zones.
5. A fine of VND 40,000,000 to VND 60,000,000 shall be imposed for demolishing or damaging the structure and equipment of defense works.
6. Additional sanctions: Confiscation of contraband items and means of administrative violation for acts stipulated in Clause 2, Point b Clause 3 of this Article.
7. Measures to remedy consequences:
a) Compelling restoration to the original condition for acts stipulated in Point a, Point b, Point c Clause 1, Clause 5 of this Article;
b) Compelling removal of waste, toxic chemicals, and poisons from defense works for acts stipulated in Point a Clause 1, Point a Clause 3 of this Article;
c) Compelling dismantling of unauthorized construction works for acts stipulated in Point b Clause 1, Clause 4 of this Article.
Article 28. Violation of provisions on using defense works and military zones
1. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for using specialized equipment and materials of defense works for purposes other than intended.
2. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for using defense works and military zones for purposes other than intended without authorization from the competent authority.
3. A fine of VND 50,000,000 to VND 60,000,000 shall be imposed for renovating defense works and military zones without authorization from the competent authority.
4. Measures to remedy consequences: Compelling restoration to the original condition of defense works for acts stipulated in Clause 3 of this Article.
Article 29. Violation of regulations on encroaching upon defense land, residential land, and housing managed by the Military
1. Imposing a fine for violations of defense land management regulations as follows:
a) A fine of from VND 10,000,000 to VND 15,000,000 for the act of encroaching upon defense land where the value of the land use right for the area violated is converted to money under VND 200,000,000;
b) A fine of from VND 15,000,000 to VND 30,000,000 for the act of encroaching upon defense land where the value of the land use right for the area violated is converted to money from VND 200,000,000 to under VND 400,000,000;
c) A fine of from VND 30,000,000 to VND 50,000,000 for the act of encroaching upon defense land where the value of the land use right for the area violated is converted to money from VND 400,000,000 to under VND 1,000,000,000;
d) A fine of from VND 50,000,000 to VND 75,000,000 for the act of encroaching upon defense land where the value of the land use right for the area violated is converted to money at VND 1,000,000,000 or more.
2. Imposing a fine for violations of regulations on residential land and housing managed by the Military as follows:
a) A fine of from VND 5,000,000 to VND 10,000,000 for the act of encroaching upon residential land and housing managed by the Military where the value of the land use right for the area violated is converted to money under VND 200,000,000;
b) A fine of from VND 10,000,000 to VND 20,000,000 for the act of encroaching upon residential land and housing managed by the Military where the value of the land use right for the area violated is converted to money from VND 200,000,000 to under VND 400,000,000;
c) A fine of from VND 20,000,000 to VND 30,000,000 for the act of encroaching upon residential land and housing managed by the Military where the value of the land use right for the area violated is converted to money from VND 400,000,000 to under VND 1,000,000,000;
d) A fine of from VND 30,000,000 to VND 75,000,000 for the act of encroaching upon residential land and housing managed by the Military where the value of the land use right for the area violated is converted to money at VND 1,000,000,000 or more.
3. Measures to remedy consequences: Compelling restoration to the original state and return of the encroached land area for acts prescribed in Clause 1 and Clause 2 of this Article.
Section 7
ADMINISTRATIVE VIOLATIONS AND FORMS OF PENALTY FOR THE USE OF MILITARY DRIVER LICENSES, MOTORCYCLE LICENSE PLATES, CAR LICENSE PLATES, AND MILITARY TRANSPORT VEHICLE LICENSE PLATES
Article 30. Violations of regulations on purchasing, selling, and using fake military driver licenses, motorcycle license plates, car license plates, and military transport vehicle license plates
1. Imposing a fine of from VND 4,000,000 to VND 6,000,000 for one of the following violations:
a) Using a fake military driver license;
b) Using illegal motorcycle license plates, car license plates, or military transport vehicle license plates.
2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on any of the following acts:
a) Purchasing or selling a fake military driver license;
b) Purchasing or selling motorcycle license plates, car license plates, or military transport vehicle license plates.
3. Additional form of penalty: Confiscating fake military driver licenses, motorcycle license plates, car license plates, or military transport vehicle license plates for acts prescribed in Clause 1 and Clause 2 of this Article.
Article 31. Violations of regulations on forging military driver licenses and motorcycle license plates, car license plates, or military transport vehicle license plates
1. Imposing a fine of from VND 15,000,000 to VND 20,000,000 for one of the following violations:
a) Forging a military driver license;
b) Forging motorcycle license plates, car license plates, or military transport vehicle license plates.
2. Additional form of penalty: Confiscating forged military driver licenses, motorcycle license plates, car license plates, or military transport vehicle license plates for acts prescribed in Clause 1 of this Article.
Section 8
ADMINISTRATIVE VIOLATIONS AND FORMS OF PENALTY FOR USING, PURCHASING, SELLING, AND PRODUCING MILITARY UNIFORMS AND BADGES, FLAGS
Article 32. Violations concerning the use of military uniforms
c) Reporting quantities of goods entering, exiting, and remaining in transit ports;
a) Wearing a hat with unauthorized insignia attached;
b) Wearing a uniform with unauthorized rank insignia, badges, sprigs, name plates, or branch symbols attached.
2. Additional form of administrative penalty: Confiscation of contraband items for the acts stipulated in Clause 1 of this Article.
Article 33. Violations concerning the management of military uniforms
1. A fine of from five million to ten million Vietnamese dong for the act of illegally storing military insignia, rank insignia, badges, sprigs, name plates, branch symbols, kepi hats, combat helmets, ceremonial uniforms, regular service uniforms, combat uniforms, occupational uniforms, and other types of military uniforms.
2. A fine of from ten million to fifteen million Vietnamese dong for the act of illegally exchanging military insignia, rank insignia, badges, sprigs, name plates, branch symbols, kepi hats, combat helmets, ceremonial uniforms, regular service uniforms, combat uniforms, occupational uniforms, and other types of military uniforms.
3. A fine of from fifteen million to twenty million Vietnamese dong for the act of illegally trading military insignia, rank insignia, badges, sprigs, name plates, branch symbols, kepi hats, combat helmets, ceremonial uniforms, regular service uniforms, combat uniforms, occupational uniforms, and other types of military uniforms.
4. Additional form of administrative penalty: Confiscation of contraband items for the acts stipulated in Clause 1, Clause 2, and Clause 3 of this Article.
Article 34. Violations concerning the production of military uniforms
1. A fine of from thirty million to forty million Vietnamese dong for one of the following acts:
a) Illegally producing military insignia, rank insignia, badges, sprigs, name plates, branch symbols, kepi hats, combat helmets, ceremonial uniforms, regular service uniforms, combat uniforms, occupational uniforms, and other types of military uniforms;
b) Counterfeiting military insignia, rank insignia, badges, sprigs, name plates, branch symbols, kepi hats, combat helmets, ceremonial uniforms, regular service uniforms, combat uniforms, occupational uniforms, and other types of military uniforms.
2. Additional form of administrative penalty: Confiscation of contraband items and means of production for the acts stipulated in Clause 1 of this Article.
Article 35. Violations concerning the use of duty identification plates, flags, and priority signals reserved exclusively for the Military when performing tasks.
1. A fine of from three million to five million Vietnamese dong for the act of using illegally duty identification plates, flags, and priority signals reserved exclusively for the Military when performing tasks.
2. A fine of from five million to ten million Vietnamese dong for the act of illegally trading duty identification plates and flags reserved exclusively for the Military when performing tasks.
3. Additional forms of punishment:
a) Confiscation of contraband items for the act stipulated in Clause 1 of this Article;
b) Confiscation of contraband items for the act stipulated in Clause 2 of this Article.
Article 36. Violations concerning the production of duty identification plates and flags reserved exclusively for the Military when performing tasks.
1. A fine of from ten million to twenty million Vietnamese dong for one of the following acts:
a) Illegally producing duty identification plates and flags reserved exclusively for the Military when performing tasks;
b) Counterfeiting duty identification plates and flags reserved exclusively for the Military when performing tasks.
2. Additional form of administrative penalty: Confiscation of contraband items and means of production for the acts stipulated in Clause 1 of this Article.
Section 9
ADMINISTRATIVE PENALTY AUTHORITY FOR VIOLATIONS IN THE FIELD OF NATIONAL DEFENSE
Article 37. Authority to impose administrative penalties of Chairpersons of People's Committees at all levels
The Chairpersons of People's Committees at all levels have the authority to impose administrative penalties for violations specified in Sections 1, 2, 3, 5, 6, 7, and 8 of Chapter II of this Decree within their jurisdictional areas:
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 property and means of transportation involved in administrative violations with a value up to 5,000,000 VND;
d) Apply remedial measures as prescribed in Section 6 of Chapter II of this Decree.
2. The Chairperson of the People's Committee at the district level has the right to:
a) To issue warnings;
b) To impose a fine up to VND 37,500,000;
c) Suspend the right to use a time-limited permit;
d) Confiscate property and means of transportation involved in administrative violations with a value up to 37,500,000 VND;
đ) Apply remedial measures as prescribed in Sections 1, 2, 3, 5, and 6 of Chapter II of this Decree.
3. The Chairman of the Provincial People's Committee has the authority to:
a) To issue warnings;
b) Impose a fine up to seventy-five million dong;
c) Suspend the right to use a time-limited permit;
d) Confiscate contraband and means of administrative violation;
đ) Apply remedial measures as prescribed in Sections 1, 2, 3, 5, and 6 of Chapter II of this Decree.
Article 38. Authority to impose administrative penalties of Military Inspection
Military Inspection has the authority to impose administrative penalties for violations specified in Chapter II of this Decree:
1. Military Inspectors performing official duties have the right to:
a) To issue warnings;
b) Impose a fine up to 500,000 VND;
c) Seize objects or means of administrative violations up to VND 500,000 in value;
d) Apply remedial measures as prescribed in Section 6 of Chapter II of this Decree.
2. Heads of Military Inspection of the Command of Hanoi Capital City, the Command of Ho Chi Minh City, provinces, and centrally governed cities have the right to:
a) To issue warnings;
b) To impose a fine up to VND 37,500,000;
c) Suspend the right to use a time-limited permit;
d) Confiscate property and means of transportation involved in administrative violations with a value up to 37,500,000 VND;
đ) Apply remedial measures when imposing administrative penalties according to the provisions of Chapter II of this Decree.
3. Heads of Military Inspection of Military Regions have the right to:
a) To issue warnings;
b) To impose a fine up to VND 52,500,000;
c) Suspend the right to use a time-limited permit;
d) Confiscate property and means of transportation involved in administrative violations with a value up to 52,500,000 VND;
đ) Apply remedial measures when imposing administrative penalties according to the provisions of Chapter II of this Decree.
4. Head of Military Inspection of the Ministry of National Defense has the right to:
a) To issue warnings;
b) Impose a fine up to seventy-five million dong;
c) Suspend the right to use a time-limited permit;
d) Confiscate contraband and means of administrative violation;
đ) Apply remedial measures when imposing administrative penalties according to the provisions of Chapter II of this Decree.
5. The Head of the Defense Inspection Delegation of the Hanoi Capital Military Command, the Ho Chi Minh City Military Command, and the provinces and centrally governed cities shall have the authority to impose penalties in accordance with Clause 2 of this Article.
6. Heads of Military Inspection of Military Regions have the authority to impose administrative penalties according to the provisions of Clause 2 of this Article.
7. Head of Military Inspection of the Ministry of National Defense has the authority to impose administrative penalties according to the provisions of Clause 3 of this Article.
Article 39. Authority to impose administrative penalties of Public Security Forces
Public Security Forces have the authority to impose administrative penalties for violations specified in Sections 7 and 8 of Chapter II of this Decree:
1. Public Security soldiers performing official duties have the right to impose fines up to 500,000 VND.
2. Station Chiefs, Team Leaders of those specified in Clause 1 of this Article have the right to impose fines up to 1,500,000 VND.
3. The Head of the Public Security Office at the commune level and the Head of the Police Post shall have the following powers:
a) Impose fines up to 2,500,000 VND;
b) Confiscate property and means of transportation involved in administrative violations with a value not exceeding the fine amount prescribed in Point a of this Clause.
4. Heads of Public Security Departments at district level; Heads of specialized departments under the Highway Police Corps, Railway Police Corps, Waterway Police Corps; Heads of specialized departments under the Provincial Public Security Department including Heads of Criminal Investigation Departments for Economic Order and Official Crimes, Highway Police Departments, Railway Police Departments, Waterway Police Departments, Economic Security Departments have the right to:
a) Impose fines up to 15,000,000 VND;
b) Confiscate property and means of transportation involved in administrative violations with a value not exceeding the fine amount prescribed in Point a of this Clause.
5. The Director of the Provincial Police Department has the authority to:
a) Impose fines up to 37,500,000 VND;
b) Confiscate property and means of transportation involved in administrative violations with a value not exceeding the fine amount prescribed in Point a of this Clause.
6. Directors of the Economic Security Corps, Directors of the Criminal Investigation Corps for Economic Order and Official Crimes, Directors of the Highway Police Corps, Railway Police Corps, Waterway Police Corps have the right to:
a) Impose fines up to 75,000,000 VND;
b) Confiscation of contraband items and means of administrative violation.
Article 40. Authority to impose administrative penalties of Market Management
Market Management has the authority to impose administrative penalties for violations specified in Articles 33, 34, Clause 2 and Point b of Clause 3 of Article 35, Article 36 of Section 8 of Chapter II of this Decree:
1. Market Surveillance Officers performing official duties have the right to impose fines up to 500,000 VND.
2. The Head of the Market Management Team has the right to:
a) Impose fines up to 25,000,000 VND;
b) Confiscate property and means of transportation involved in administrative violations with a value not exceeding the fine amount prescribed in Point a of this Clause.
3. Heads of Market Management Sub-Councils under the Department of Industry and Trade, Heads of Anti-Smuggling Departments, Heads of Anti-Counterfeit Departments, Heads of Quality Control Departments under the Market Management Council have the right to:
a) Impose fines up to VND 50,000,000;
b) Confiscate property and means of transportation involved in administrative violations with a value not exceeding the fine amount prescribed in Point a of this Clause.
4. The Director of the Market Management Department has the right to:
a) Impose fines up to 75,000,000 VND;
b) Confiscation of contraband items and means of administrative violation.
Article 41. Competence to impose administrative penalties of the Border Guard
The Border Guard has the competence to impose administrative penalties for violations stipulated in Sections 6 and 7 of Chapter II of this Decree:
1. Border Guard soldiers performing their duties have the right to:
a) To issue warnings;
b) Impose a fine up to 500,000 VND.
2. The Station Commander, the Team Leader of the person prescribed 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 Head of a Border Guard Post, the Commander of a Border Guard Squadron, the Commander of a Border Guard District, and the Commander of a Border Gate Port Border Guard shall have the authority:
a) To issue warnings;
b) Impose fines up to 15,000,000 VND;
c) Confiscate the objects and means of administrative violations with a value not exceeding the fine amount prescribed in Point b of this Clause;
d) Applying the measures to remedy consequences as prescribed in Section 6 of Chapter II 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 a fine up to seventy-five million dong;
c) To confiscate objects and means of administrative violations;
d) Applying the measures to remedy consequences as prescribed in Section 6 of Chapter II of this Decree.
Article 42. Competence to impose administrative penalties of the Coast Guard
The Coast Guard has the competence to impose administrative penalties for violations stipulated in Sections 6 and 7 of Chapter II of this Decree:
1. Coast Guard officers performing their duties have the right to:
a) To issue warnings;
b) Impose a fine up to 1,500,000 VND.
2. The head of the Coast Guard business affairs team have the right to:
a) To issue warnings;
b) Imposing a fine up to 3,700,000 dong.
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) Impose fines up to 7,500,000 VND;
c) Applying the measures to remedy consequences as prescribed at Point a and Point b Clause 7 Article 27, Clause 4 Article 28, Clause 3 Article 29 of Section 6 of Chapter II of this Decree.
4. The maritime squadron commander have the right to:
a) To issue warnings;
b) Impose fines up to 15,000,000 VND;
c) Confiscate the objects and means of administrative violations with a value not exceeding the fine amount prescribed in Point b of this Clause;
d) Applying the measures to remedy consequences as prescribed in Section 6 of Chapter II of this Decree.
5. Chiefs of coast guard fleets have the authority to:
a) To issue warnings;
b) Imposing a fine up to 22,500,000 dong;
c) Confiscate the objects and means of administrative violations with a value not exceeding the fine amount prescribed in Point b of this Clause;
d) Applying the measures to remedy consequences as prescribed in Section 6 of Chapter II of this Decree.
6. Commanders of Coast Guard Zones have the right:
a) To issue warnings;
b) To impose a fine up to VND 37,500,000;
c) Confiscate the objects and means of administrative violations with a value not exceeding the fine amount prescribed in Point b of this Clause;
d) Applying the measures to remedy consequences as prescribed in Section 6 of Chapter II of this Decree.
7. Directors of the Coast Guard Department have the right:
a) To issue warnings;
b) Impose a fine up to seventy-five million dong;
c) To confiscate objects and means of administrative violations;
d) Applying the measures to remedy consequences as prescribed in Section 6 of Chapter II of this Decree.
Article 43. Competence to issue administrative violation reports in the field of national defense
1. Those who have the competence to impose administrative penalties as prescribed in Articles 37, 38, 39, 40, 41, and 42 of this Decree.
2. Officers and professional soldiers of the Vietnam People's Army; officers of the People's Public Security currently performing their duties.
3. Civil servants currently performing their duties.
Chapter III
ADMINISTRATIVE PENALTIES IN THE FIELD OF STATE SECRET SERVICES
Section 1
VIOLATIONS OF ADMINISTRATIVE LAW, FORMS OF ADMINISTRATIVE PENALTIES AND MEASURES TO REMEDY CONSEQUENCES IN THE FIELD OF STATE SECRET SERVICES
Article 44. Violation of regulations on using cryptographic products not provided by the State Secret Services Board of the Government to protect information within the scope of state secrets
1. Imposing a fine from 30,000,000 dong to 40,000,000 dong for the act of using cryptographic techniques and cryptographic products not provided by the State Secret Services Board of the Government to protect information within the scope of state secrets.
2. Additional form of administrative penalty: Confiscating the cryptographic techniques and cryptographic products used for the act prescribed in Clause 1 of this Article.
Article 45. Violation of regulations on protecting state secrets when transmitting secret information via telecommunications means or storing secret information via electronic devices without encrypting with cryptographic products of state secret services
1. Imposing a fine from 10,000,000 dong to 15,000,000 dong for one of the following acts:
a) Not implementing encryption with cryptographic products of state secret services for state secret information when transmitting via telecommunications means;
b) Not implementing encryption with cryptographic products of state secret services when storing state secret information in electronic devices and on telecommunication networks.
2. Measures to remedy consequences: Compelling the application of technical and operational measures of the State Secret Services Board of the Government to ensure the safety and confidentiality of state secret information when transmitting via telecommunications means or storing in electronic devices.
Article 46. Violation of regulations on the prohibition period for participating in cryptographic activities and regulations on producing and supplying cryptographic products to protect information within the scope of state secrets
1. Imposing a fine from 5,000,000 dong to 10,000,000 dong for personnel engaged in state secret services who have retired, transferred to other sectors, or resigned and participate in cryptographic activities for organizations and individuals outside the state secret services sector before the five-year period from the date of decision.
2. Imposing a fine from 40,000,000 dong to 50,000,000 dong for the act of producing and supplying cryptographic products to agencies and organizations to protect state secret information without permission from the State Secret Services Board of the Government.
3. Additional form of administrative penalty: Confiscating the objects and means of violating administrative law for the act prescribed in Clause 2 of this Article.
Section 2
COMPETENCE TO IMPOSE ADMINISTRATIVE PENALTIES FOR VIOLATIONS IN THE FIELD OF STATE SECRET SERVICES
Article 47. Competence to impose administrative penalties of specialized inspection in confidential services
1. Confidential service inspectors performing official duties have the right:
a) To confiscate objects and means of administrative violations with a value up to VND 500,000;
b) To apply measures to remedy consequences when imposing administrative penalties as prescribed in Section 1 Chapter III of this Decree.
2. The Director of Confidential Service under the Government, the Head of specialized confidential service inspection teams have the right:
a) Impose fines up to 25,000,000 VND;
b) To confiscate objects and means of administrative violations with a value not exceeding VND 25,000,000;
c) To apply measures to remedy consequences when imposing administrative penalties as prescribed in Section 1 Chapter III of this Decree.
Article 48. Competence to impose administrative penalties of the Head of Confidential Service under the Government
The Head of Confidential Service under the Government has the right:
1. To impose fines up to VND 50,000,000;
2. To confiscate objects and means of administrative violations;
3. To apply measures to remedy consequences when imposing administrative penalties as prescribed in Section 1 Chapter III of this Decree.
Article 49. Competence to draw up administrative violation records in the field of confidential services
1. Those persons authorized to impose administrative penalties as stipulated in Articles 47 and 48 of this Decree.
2. Persons working in confidential services performing official duties or tasks.
Chapter IV
IMPLEMENTING PROVISIONS
Article 50. Effective Date
This Decree takes effect from November 22, 2013 and replaces Government Decree No. 151/2003/NĐ-CP dated December 9, 2003 on administrative penalties for violations in the defense sector.
Article 51. Transitional Provisions
1. For acts of administrative violations in the defense sector occurring before the date this Decree takes effect but discovered or being examined and resolved thereafter, the provisions of this Decree shall be applied for handling if it is beneficial to the individual or organization committing the administrative violation.
2. For decisions on administrative penalties in the defense sector that have been issued or fully implemented before the date this Decree takes effect, where individuals or organizations subject to administrative penalties still lodge complaints, the provisions of the Administrative Violation Handling Ordinance and Government Decree No. 151/2003/NĐ-CP dated December 9, 2003 shall be applied for resolution.
Article 52. Responsibility for Implementation
1. The Minister of National Defense shall be responsible for guiding the enforcement 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./.
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