Decree No. 123/2005/ND-CP on administrative sanctions for violations in the field of fire prevention and fighting

DECREE

Regulations on Administrative Sanctions for Violations in Fire Prevention and Fighting

 

THE GOVERNMENT

 

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

Based on the Law on Fire Prevention and Fighting dated June 29, 2001;

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

Based on the Ordinance on the People's Police Force of Vietnam dated January 28, 1989 and the Ordinance amending Article 6 of the Ordinance on the People's Police Force of Vietnam dated July 6, 1995;

At the proposal of the Minister of Public Security,

 

DECREE:

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates administrative sanctions for violations in fire prevention and fighting.

Article 2. Applicability

Any individual or organization that intentionally or negligently violates regulations on fire prevention and fighting without reaching the level of criminal prosecution on the territory of Vietnam shall be subject to administrative sanctions as prescribed in this Decree. In cases where international treaties to which Vietnam is a party provide different provisions, such treaty provisions shall apply.

Article 3. Principles of Administrative Sanctions for Fire Prevention and Fighting

1. All administrative violations in fire prevention and fighting must be promptly detected, immediately stopped, and strictly dealt with according to the law. All consequences caused by such violations must be remedied in accordance with the law.

2. An individual or organization shall only be subject to administrative sanctions for fire prevention and fighting if they commit a violation as specified in this Decree.

3. Administrative sanctions for fire prevention and fighting must be carried out by persons with authority as prescribed in Chapter III of this Decree.

4. A single administrative violation shall only be subject to one administrative sanction.

If an individual commits multiple administrative violations, they shall be sanctioned for each violation separately. If the form of sanction is a fine, the fines shall be combined into a total fine and issued in a single decision on administrative sanction.

If multiple individuals jointly commit a single administrative violation, each violator shall be sanctioned.

5. When deciding on administrative sanctions, consideration must be given to the nature and degree of the violation, the background of the violator, and mitigating or aggravating circumstances as prescribed in the Ordinance on Handling Administrative Violations to determine appropriate forms and measures of handling.

6. No administrative sanctions shall be imposed in situations of emergency, self-defense, unexpected events, or when committing an administrative violation while suffering from mental illness or other diseases that impair cognitive ability or control over behavior.

Article 4. Time Limit for Administrative Sanctions

1. The time limit for administrative sanctions for fire prevention and fighting is one year, calculated from the date the administrative violation was committed. If this period has passed, no sanctions will be imposed, but measures to remedy the consequences shall still be applied as provided in point a and point c, Clause 3, Article 12 of the Ordinance on Handling Administrative Violations.

2. Within the time limit specified in Clause 1 of this Article, if an individual or organization commits a new administrative violation in fire prevention and fighting or deliberately evades or obstructs the imposition of sanctions, the time limit prescribed in Clause 1 of this Article shall not apply, and the time limit for administrative sanctions shall be recalculated from the date of the new violation or the date of cessation of evasion or obstruction of sanctions.

3. An individual or organization subject to administrative sanctions, if within one year from the date of completion of the execution of the sanction decision or from the date the enforcement period of the sanction decision expires, does not reoffend, shall be considered as not having been subject to administrative sanctions.

Article 5. Forms of administrative sanctions for violations in the field of fire prevention and firefighting

1. Main forms of punishment include:

a) Warning;

b) Fine: A violation of administrative regulations in the field of fire prevention and firefighting may be subject to a fine ranging from 50,000 VND to 20,000,000 VND.

2. Supplementary forms of punishment: Confiscation of objects and means used to commit administrative violations in the field of fire prevention and firefighting.

3. In addition to the main forms of punishment and supplementary punishments prescribed in Clause 1 and Clause 2 of this Article, individuals and organizations violating administrative regulations in the field of fire prevention and firefighting may also be subject to one or more of the following remedial measures:

a) Compel to restore environmental pollution caused by the violation;

b) Compel to restore the original condition that was altered due to the violation or compel to dismantle unauthorized construction works;

c) Compel to eliminate unsafe conditions caused by the violation;

d) Compel to move hazardous substances causing fires or explosions due to the violation to warehouses or designated locations as stipulated;

đ) Other remedial measures as provided for in this Decree.

Article 6. Responsibilities of the authority with sanctioning power

The authority with sanctioning power has the responsibility to impose sanctions on the correct person, for the correct violation, within its jurisdiction, and in accordance with the law; if such authority abuses its position or power to harass, tolerate, or cover up administrative violations, or imposes sanctions not in accordance with the provisions of the law, it shall be subject to disciplinary action or criminal liability depending on the nature and severity of the violation; if material damage is caused, compensation must be made according to the law.

Article 7. Responsibilities of individuals and organizations committing violations

1. Individuals and organizations committing administrative violations related to fire prevention and firefighting have the responsibility to strictly comply with the sanction decisions of the authority with sanctioning power as prescribed by law.

2. Individuals and organizations committing administrative violations related to fire prevention and firefighting who obstruct, resist public officials in the performance of their duties, or use deceitful or bribery methods to evade inspection, supervision, or handling of violations by public officials shall be subject to legal action depending on the nature and severity of the violation.

3. Individuals and organizations subject to administrative sanctions in the field of fire prevention and firefighting who fail to comply with the decisions of the authority with sanctioning power shall be subject to compulsory enforcement.

Chapter II

VIOLATIONS OF ADMINISTRATIVE REGULATIONS ON FIRE PREVENTION AND FIREFIGHTING - FORMS AND AMOUNTS OF SANCTIONS

AND FIRE FIGHTING - FORM AND AMOUNT OF FINE

Article 8. Sanctions for violations in issuing, disseminating, and implementing regulations and internal rules on fire prevention and firefighting

1. Warning or a fine of between 50,000 VND and 200,000 VND shall be imposed for any of the following acts:

a) Not posting internal rules on fire prevention and firefighting as required;

b) Changing or moving posted internal rules, signs, prohibitory signs, or directional signs on fire prevention and firefighting to incorrect positions.

2. A fine of between 500,000 VND and 1,000,000 VND shall be imposed for failing to disseminate regulations and internal rules on fire prevention and firefighting to people under one's management.

3. A fine of between 1,000,000 VND and 2,000,000 VND shall be imposed for failing to place prohibitory signs, warning signs, or directional signs on fire prevention and firefighting at necessary locations as required.

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

a) Not issuing regulations and internal rules on fire prevention and firefighting as required;

b) Issuing regulations and internal rules on fire prevention and firefighting contrary to national regulatory documents.

5. In addition to being warned or fined, the violation prescribed in point b Clause 1 of this Article shall also be compelled to restore the original condition that was altered due to the administrative violation.

Article 9. Sanctions for violations concerning fire safety inspection and firefighting

1. A fine of VND 500,000 to VND 1,000,000 shall be imposed on the act of not presenting complete files and documents for inspection or not assigning responsible persons to participate in fire safety inspection teams as prescribed.

2. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on the act of not organizing fire safety inspections as prescribed.

Article 10. Sanctions for violations concerning fire prevention and firefighting in the management, storage, and use of dangerous substances that cause fires and explosions

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

a) Not having fire prevention and firefighting regulations appropriate to the fire and explosion hazards of dangerous substances during their import and export;

b) Illegally using dangerous substances that cause fires and explosions.

2. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on the act of arranging and stacking dangerous substances that cause fires and explosions beyond the prescribed quantity or volume.

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

a) Arranging and stacking dangerous substances that cause fires and explosions not separately according to prescribed groups;

b) Using containers and equipment for storing dangerous substances that have not been inspected or have exceeded their usage period as prescribed;

c) Using warehouses and equipment for storing dangerous substances that do not meet the prescribed conditions for fire prevention and firefighting.

4. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of illegally storing dangerous substances that cause fires and explosions.

5. In addition to fines, violators of Clause 2 of this Article shall be ordered to reduce the quantity or volume of dangerous substances that cause fires and explosions within the prescribed limits; violators of point a of Clause 3 of this Article shall be ordered to rearrange dangerous substances that cause fires and explosions according to prescribed separate groups; violators of point c of Clause 3 of this Article shall be ordered to move dangerous substances that cause fires and explosions to warehouses or locations as prescribed; violators of Clause 4 of this Article shall have dangerous substances that cause fires and explosions confiscated.

Article 11. Sanctions for violations concerning fire prevention and firefighting in the production and business of dangerous substances that cause fires and explosions

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

a) Not having measures and equipment to prevent static electricity accumulation as prescribed;

b) Not having natural ventilation measures or forced ventilation equipment as prescribed.

2. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on the act of producing or trading in dangerous substances that cause fires and explosions without a "Certificate of Compliance with Fire Prevention and Firefighting Conditions" as prescribed.

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

a) Not installing devices to detect and handle leaks of dangerous substances that cause fires and explosions into the surrounding environment as prescribed;

b) Not having plans and equipment to handle ruptures of storage tanks, equipment, and pipelines for flammable oils, oil products, and other flammable liquids;

c) Trading in dangerous substances that cause fires and explosions prohibited from being traded.

4. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of illegally producing or trading in dangerous substances that cause fires and explosions.

5. In addition to fines, violators of point b of Clause 3 of this Article shall be ordered to remediate environmental pollution as prescribed; violators of point c of Clause 3 and Clause 4 of this Article shall have dangerous substances that cause fires and explosions confiscated.

Article 12. Sanctions for Violations in the Transport of Flammable and Explosive Hazardous Materials

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

a) Using motorized transportation vehicles to transport flammable and explosive hazardous materials without ensuring one of the fire prevention and firefighting safety conditions as prescribed;

b) Arranging flammable and explosive hazardous materials on transportation vehicles not in accordance with regulations;

c) Transporting flammable and explosive hazardous materials exceeding the quantity or volume specified in the permit;

d) Not having signs or markings for transporting flammable and explosive hazardous materials as prescribed;

đ) Damaging or wrinkling the permit for transporting flammable and explosive hazardous materials;

e) Not removing the various signs or markings for transporting flammable and explosive hazardous materials attached to the transportation vehicle when such hazardous materials have been unloaded from the transportation vehicle.

2. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed for any of the following acts:

a) Stopping or parking transportation vehicles carrying flammable and explosive hazardous materials at places not permitted according to regulations;

b) Not complying with fire prevention and firefighting internal rules or not following the guidance of authorized personnel during the loading or unloading of flammable and explosive hazardous materials;

c) Loading or unloading flammable and explosive hazardous materials at locations that do not meet the required conditions as prescribed;

d) Transferring flammable and explosive hazardous materials currently being transported to another vehicle without the permission of the competent authority;

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

a) Transporting flammable and explosive hazardous materials along routes other than those specified in the "Permit for Transporting Flammable and Explosive Hazardous Materials and Goods";

b) Transporting flammable and explosive hazardous materials without the "Permit for Transporting Flammable and Explosive Hazardous Materials and Goods" as prescribed.

4. In addition to the monetary fine, violations under point c Clause 1 of this Article shall also be ordered to reduce the quantity or volume of flammable and explosive hazardous materials in accordance with regulations.

Article 13. Sanctions for Violations of Fire Prevention and Firefighting Safety Conditions for Motorized Transportation Vehicles with Special Requirements for Fire Prevention and Firefighting Safety

1. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed for the act of manufacturing new or altering motorized transportation vehicles with special requirements for fire prevention and firefighting safety without the approval of the competent authority for fire prevention and firefighting.

2. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed for the act of putting into operation motorized transportation vehicles with special requirements for fire prevention and firefighting safety without a document from the competent authority confirming compliance with fire prevention and firefighting safety conditions as prescribed.

Article 14. Sanctions for Violations of Fire Prevention and Firefighting Regulations in the Use of Fire Sources, Heat Sources, Fire-Producing Equipment, and Heating Equipment

1. A warning or a fine of from 50,000 VND to 200,000 VND shall be imposed for arranging cooking areas that do not ensure fire prevention and firefighting safety conditions as prescribed.

2. A warning or a fine of from 200,000 VND to 500,000 VND shall be imposed for any of the following acts:

a) Using fire sources, heat sources, fire-producing equipment, and heating equipment without ensuring the prescribed fire prevention and firefighting safety distances;

b) Bringing matches, lighters, and other fire-producing equipment into places where fire is prohibited;

c) Using fire sources and other fire-producing equipment in places that have fire prohibition signs or prohibitions.

Article 15. Penalties for violations of fire prevention and firefighting regulations in the management and use of electricity

1. A fine of VND 100,000 to VND 200,000 shall be imposed for the act of not taking measures to prevent the spread of fire when using electrical equipment.

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

a) Installing lightning protection systems that do not comply with regulations or do not meet the requirements for lightning protection as prescribed.

b) Not repairing or not implementing regular inspection and measurement regimes for lightning protection systems as prescribed.

c) Using electrical consumption devices in places where such use is prohibited.

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

a) Not installing lightning protection systems as prescribed.

b) Installing and using electrical systems and electrical consumption devices in environments with fire and explosion hazards without ensuring safety according to fire prevention and firefighting regulations.

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

a) Not taking measures to handle technical incidents that may lead to fire or explosion risks at production, supply, transmission, and distribution facilities.

b) The electrical system is not separated into individual systems as prescribed.

c) Not having backup power sources as prescribed.

Article 16. Penalties for violations of fire prevention and firefighting regulations in investment and construction

1. A fine of VND 100,000 to VND 200,000 shall be imposed for the act of not promptly notifying the directly managing fire prevention and firefighting police agency of changes in architectural design, scale, or nature of activities that increase the level of fire risk.

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

a) Not organizing supervision of construction and installation of fire prevention and firefighting components of the project.

b) Not resubmitting for review when there are changes in fire prevention and firefighting design and equipment during construction.

c) Not ensuring one of the conditions for fire prevention and firefighting safety for projects not required to undergo fire prevention and firefighting review as stipulated in Appendix 3 of Decree No. 35/2003/NĐ-CP dated April 4, 2003, detailing the implementation of certain provisions of the Law on Fire Prevention and Fighting.

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

a) Constructing and installing fire prevention and firefighting components not in accordance with approved fire prevention and firefighting designs.

b) Not having measures and means to ensure fire prevention and firefighting safety during construction.

c) Not accepting fire prevention and firefighting inspections as prescribed.

4. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for constructing projects required to undergo fire prevention and firefighting review without a "Fire Prevention and Fighting Review Certificate".

5. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for any of the following acts:

a) Not having a fire prevention and firefighting system design for projects required to have such a design.

b) Putting a project into operation before it has been accepted for fire prevention and firefighting as prescribed.

Article 17. Sanctions for violations of fire safety distance regulations

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

a) Arranging and placing materials and goods without ensuring the prescribed fire safety distance.

b) Fire-resistant walls, fire-resistant partitions, fire-resistant doors, or fire spread prevention measures not meeting the requirements as stipulated.

2. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed for any of the following acts:

a) Reducing the fire-retardant effect of fire-resistant walls, fire-resistant partitions, fire-resistant doors, and other fire prevention measures.

b) Constructing ceilings and partitions with flammable materials in areas where such construction is prohibited according to regulations.

c) Building residences within forests or near forests without ensuring the prescribed fire safety distance.

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

a) Not clearing flammable materials from the safe passage area of oil pipelines, gas pipelines, and petroleum product pipelines.

b) Not constructing fire-resistant walls, fire-resistant partitions, fire-resistant doors, and other fire prevention measures as required.

c) Constructing buildings within the fire prevention distance range.

d) Causing the loss of fire-retardant effect of fire-resistant walls, fire-resistant partitions, fire-resistant doors, and other fire prevention measures.

4. In addition to being fined, violators of point a Clause 1; point a Clause 2; point d Clause 3 of this Article shall be ordered to restore the initial state altered due to administrative violations; violators of point c Clause 2; point c Clause 3 of this Article shall be ordered to dismantle illegal constructions.

Article 18. Sanctions for violations of escape route regulations in fire prevention and firefighting

1. Warning or a fine of VND 200,000 to VND 1,000,000 for any of the following acts:

a) Arranging and placing materials, goods, transportation means, and other objects obstructing escape routes.

b) Locking or closing escape doors that must remain open according to regulations.

c) Removing or damaging emergency lighting devices, signs, and directional indicators on escape routes.

2. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed for any of the following acts:

a) Not having sufficient rescue equipment and tools as required.

b) Not having ventilation and smoke exhaust equipment as required for escape routes.

c) Not having emergency lighting on escape routes as required or having them but they are ineffective.

3. A fine of VND 2,000,000 to VND 5,000,000 for constructing buildings or building components that obstruct escape routes.

4. In addition to being warned or fined, violators of Clause 1, Clause 3 of this Article shall be ordered to restore the initial state altered due to administrative violations.

Article 19. Sanctions for violations related to fire extinguishing plan construction and organization of fire extinguishing drills

1. A fine of VND 100,000 to VND 200,000 for constructing a fire extinguishing plan that does not meet the requirements as stipulated.

2. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed for any of the following acts:

a) Not submitting the fire extinguishing plan for approval as required.

b) Not supplementing or revising the fire extinguishing plan as required.

c) Not participating in fire extinguishing drill as required.

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

a) Not constructing a fire extinguishing plan as required.

b) Not organizing fire extinguishing drills as required.

Article 20. Sanctions for violations related to fire alarm information

1. Warning or a fine of VND 50,000 to VND 100,000 for damaging or causing the loss of function of fire alarm communication equipment and devices.

2. A fine of VND 200,000 to VND 1,000,000 for not having fire alarm signals or devices as required.

3. A fine of VND 2,000,000 to VND 5,000,000 for false fire alarms.

4. In addition to being warned or fined, violators of Clause 1 of this Article shall be ordered to restore the initial state altered.

Article 21. Sanctions for violations concerning fire prevention and fighting equipment, maintenance, and usage

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

a) Installing fire prevention and fighting equipment in places not as prescribed;

b) Not maintaining fire prevention and fighting equipment regularly as prescribed.

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

a) Using fire prevention and fighting equipment that has not been inspected as prescribed;

b) Equipping firefighting equipment that does not match the fire and explosion hazards as prescribed;

c) Equipping firefighting equipment that is not complete as prescribed;

d) Using firefighting equipment for purposes other than those prescribed.

3. A fine from VND 2,000,000 to VND 5,000,000 shall be imposed on the act of intentionally damaging fire prevention and fighting equipment.

4. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed on any of the following acts:

a) Not equipping or installing fire prevention and fighting equipment and systems as prescribed;

b) Modifying fire-fighting vehicles, ships, or boats without permission from competent authorities.

Article 22. Sanctions for violations concerning firefighting operations

1. Warning or a fine from VND 50,000 to VND 100,000 shall be imposed on the act of entering the firefighting area to perform tasks other than firefighting, rescuing people, or protecting property, or performing any action without authorization from authorized persons.

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

a) Not being ready with sufficient manpower as prescribed for firefighting;

b) Not arranging traffic routes and other spaces for firefighting vehicles and other mechanical firefighting equipment as prescribed.

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

a) Not promptly organizing evacuation, rescue, or firefighting;

b) Not complying with orders from firefighting commanders;

c) Not complying with orders to participate in firefighting issued by authorized persons;

d) Not cooperating in firefighting command when there are regulations or at the request of authorized persons;

đ) Obstructing the activities of firefighting forces and equipment in the firefighting area;

e) Not participating in mitigating the consequences of the fire when requested by authorized persons;

g) Not protecting the scene of the fire after the fire has been extinguished.

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

a) Resisting public officials while they are performing firefighting duties;

b) Taking advantage of firefighting to harm the health or lawful property of citizens and state property.

Article 23. Sanctions for violations concerning propaganda, dissemination of laws, knowledge, training, and instruction on fire prevention and firefighting

1. Warning or a fine from VND 50,000 to VND 100,000 shall be imposed on the act of damaging propaganda banners, slogans, posters, placards, pictures, and other promotional materials on fire prevention and firefighting.

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

a) Not organizing the dissemination of laws, training, and enhancing knowledge and instruction on fire prevention and firefighting as prescribed;

b) Not having a "Fire Prevention and Fighting Professional Training Certificate" as prescribed.

3. A fine from VND 1,000,000 to VND 2,000,000 shall be imposed on the act of not incorporating fire prevention and firefighting knowledge into the training program for motor vehicle drivers as prescribed.

4. In addition to warning or fines, violators of Clause 1 of this Article shall also be ordered to restore the original condition caused by administrative violations.

Article 24. Sanctions for violations related to the establishment, organization, and management of civilian defense forces, fire prevention and firefighting teams at the grassroots level, and specialized fire prevention and firefighting teams

1. A fine of from VND 200,000 to VND 1,000,000 shall be imposed on the act of not taking measures to manage and maintain the operation of civilian defense teams, grassroots-level fire prevention and firefighting teams, or specialized fire prevention and firefighting teams as prescribed.

2. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on the act of civilian defense teams, grassroots-level fire prevention and firefighting teams, or specialized fire prevention and firefighting teams not participating in fire prevention and firefighting activities when requested by an authorized person.

3. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed on the act of not establishing civilian defense teams, grassroots-level fire prevention and firefighting teams, or specialized fire prevention and firefighting teams as prescribed.

Article 25. Sanctions for violations in the production and business operations of fire prevention and firefighting equipment and fire prevention design

1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed on the act of conducting business with fire prevention and firefighting equipment that has not been inspected as prescribed.

2. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed on the act of engaging in the production and business operations of fire prevention and firefighting equipment and fire prevention design without meeting the prescribed conditions regarding infrastructure and technical expertise.

Article 26. Sanctions for violations related to mandatory fire and explosion insurance

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

1. A business entity engaged in mandatory fire and explosion insurance does not take preventive measures or limit losses for insured objects as prescribed.

2. Not selling or purchasing mandatory fire and explosion insurance as prescribed.

Article 27. Sanctions against individuals and organizations for causing fires or explosions

1. A warning or a fine of from VND 100,000 to VND 200,000 shall be imposed on the act of negligently causing a fire or explosion but without damage or causing damage up to VND 1,000,000.

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

a) Causing a fire or explosion due to violation of fire prevention and firefighting safety regulations but without damage or causing damage up to VND 500,000;

b) Negligently causing a fire or explosion resulting in damage from VND 1,000,000 to VND 25,000,000.

3. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on the act of negligently causing a fire or explosion resulting in damage from VND 25,000,000 to VND 50,000,000.

Chapter III

AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND VIOLATION RECORDS

ON FIRE PREVENTION AND FIREFIGHTING

Article 28. Principles for determining administrative sanctioning authority

1. The administrative sanctioning authority as prescribed in this Decree applies to each specific act of administrative violation. In cases involving fines, the sanctioning authority is determined based on the highest amount within the prescribed fine range for each specific act of violation.

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

a) If the form and level of sanctions prescribed for each act all fall within the jurisdiction of the decision-making authority, then the sanctioning authority remains with that person;

b) If the form and level of sanctions prescribed for any of the acts of violation exceed the jurisdiction of the decision-making authority, the case must be transferred to the competent authority with sanctioning power;

c) In cases where an administrative violation falls under the jurisdiction of multiple authorities, the sanctioning shall be carried out by the first authority to handle the case;

d) If the acts of violation falling under the jurisdiction of multiple authorities belong to different sectors, the sanctioning authority belongs to the Chairman of the People's Committee of the competent authority where the violation occurred.

Article 29. Competence to impose administrative penalties for violations of laws on fire prevention and fighting

1. The Chairpersons of People's Committees at all levels and the Heads of Police Forces at all levels have the authority to impose penalties within the scope of management of their respective localities for violations stipulated in this Decree.

2. Fire Prevention and Fighting Police Forces have the authority to impose penalties for violations stipulated in this Decree and other violations concerning fire prevention and fighting as prescribed in other regulatory legal documents; Traffic Police Forces, Administrative Management Police Forces, and Road Transport Police Forces have the authority to impose penalties for violations stipulated in this Decree within their functions, tasks, and scope of management.

3. Persons specified in Articles 32, 33, 34, 35, 36, 37, 38, 39, and 40 of the Administrative Offense Handling Ordinance 2002, within the scope of performing their functions and tasks, upon discovering administrative offenses related to fire prevention and fighting, shall have the authority to impose penalties according to this Decree.

Article 30. Competence to decide on forms, levels of penalties, and application of measures to handle administrative violations in the field of fire prevention and fighting

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

a) To issue warnings;

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

c) To confiscate objects and means used for committing administrative violations with a value up to VND 500,000;

d) Apply remedial measures as prescribed in this Decree.

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

a) To issue warnings;

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

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

d) Suspend the right to use licenses and certificates within their authority.

đ) Apply remedial measures as prescribed in this Decree.

3. The Chairperson of the People's Committee at the provincial level has the authority:

a) To issue warnings;

b) Imposing a fine up to the maximum amount prescribed;

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

d) Suspend the right to use licenses and certificates within their authority.

đ) Apply remedial measures as prescribed in this Decree.

4. Fire Prevention and Fighting Police officers, Administrative Management Police officers, Road Transport Police officers, and Waterway Transport Police officers while performing their duties have the right:

a) To issue warnings;

b) Imposing a fine up to VND 100,000.

5. The Station Chiefs and Team Chiefs of persons with authority as stipulated in Clause 4 of this Article have the right:

a) To issue warnings;

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

6. The Head of the Police Station at the commune level has the right:

a) To issue warnings;

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

c) To confiscate objects and means used for committing administrative violations with a value up to VND 500,000;

d) Order restoration to the original state altered due to administrative violations.

7. The Head of the Police Station at the district level has the right:

a) To issue warnings;

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

c) Revoking the right to use licenses, professional certificates within their jurisdiction;

d) Confiscate goods and means used for committing administrative violations.

đ) Apply remedial measures as provided for in the Administrative Violation Handling Ordinance 2002.

8. The Heads of Fire Prevention and Fighting Police Departments, Administrative Management Police Departments, Road Transport Police Departments, and Waterway Transport Police Departments under the Provincial Police Force have the authority to impose penalties within their functions, tasks, and powers.

a) To issue warnings;

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

c) Revoking the right to use licenses, professional certificates within their jurisdiction;

d) Confiscate goods and means used for committing administrative violations.

đ) Apply remedial measures as provided for in the Administrative Violation Handling Ordinance 2002.

9. The Directors of Provincial Police Forces have the right:

a) To issue warnings;

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

c) Revoking the right to use licenses, professional certificates within their jurisdiction;

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

đ) Apply remedial measures as provided for in the Administrative Violation Handling Ordinance 2002.

10. The Heads of the Fire Prevention and Fighting Police Bureau, Administrative Management Police Bureau, Road Transport Police Bureau, and Waterway Transport Police Bureau under the National Police Inspectorate have the right within their functions, tasks, and powers.

a) To issue warnings;

b) Imposing a fine up to the maximum amount prescribed;

c) Suspend the right to use licenses and certificates within their authority.

d) Confiscate goods and means used for committing administrative violations.

đ) Apply remedial measures as provided for in the Administrative Violation Handling Ordinance 2002.

Chapter IV

PROCEDURES FOR IMPOSING PENALTIES AND COMPLAINTS, REPORTS

IN ADMINISTRATIVE VIOLATION PENALTIES

ON FIRE PREVENTION AND FIREFIGHTING

Article 31. Procedures for imposing administrative penalties in the field of fire prevention and fighting

1. The procedures and steps for imposing administrative penalties in the field of fire prevention and fighting shall be carried out in accordance with the provisions of the Administrative Violation Handling Ordinance and Decree No. 134/2003/NĐ-CP dated November 14, 2003 detailing the implementation of certain articles of the Administrative Violation Handling Ordinance 2002.

2. Documents related to the imposition of administrative penalties in the field of fire prevention and fighting must be fully retained at the penalty-imposing agency. The administrative violation record must be prepared according to the model prescribed in Decree No. 134/2003/NĐ-CP mentioned above.

3. When applying the form of confiscating contraband items and means of violation, the person authorized to impose penalties must comply strictly with the provisions of Articles 60 and 61 of the Administrative Violation Handling Ordinance and Article 32 of Decree No. 134/2003/NĐ-CP mentioned above.

Article 32. Enforcement of Administrative Sanction Decisions

1. Individuals and organizations subject to administrative sanctions for fire prevention and fighting violations must comply with the sanction decision within ten days from the date they receive the sanction decision, except where otherwise provided by law.

2. If individuals or organizations subject to administrative sanctions fail to voluntarily comply with the sanction decision beyond the time limit specified in Clause 1 of this Article, they shall be compelled to enforce the sanction decision in accordance with the provisions of the law.

Article 33. Complaints and Allegations

1. Individuals and organizations subject to administrative sanctions in the field of fire prevention and fighting, or their legitimate representatives, have the right to file complaints regarding the sanctions imposed on them in accordance with the provisions of the law.

2. Citizens have the right to report administrative violations in the field of fire prevention and fighting committed by organizations and individuals, and to report the violation acts of those authorized to impose administrative sanctions in the field of fire prevention and fighting to competent state agencies.

3. The authority, procedures, steps, and deadlines for handling complaints, allegations, and administrative lawsuits shall be carried out in accordance with the provisions of the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 34. Effective Date

This Decree takes effect fifteen days after its publication in the Official Gazette. Previous regulations on administrative sanctions for violations of fire prevention and fighting rules that conflict with this Decree are hereby abolished.

Article 35. Implementation

The Minister of Public Security is responsible for guiding and organizing the implementation of this Decree.

Article 36. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.