Decree No. 125/2021/ND-CP on administrative sanctions for violations in the field of gender equality

DECREE

REGULATIONS ON ADMINISTRATIVE SANCTIONS FOR VIOLATIONS IN THE FIELD OF GENDER EQUALITY

____________________

Pursuant toLaw on Government OrganizationLaw amending and supplementing some articles of the Law on the Organization of the Government and the Law on the Organization of Local Administration November 22, 2019;Decision No. 108/2023/NQ-QH15

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012;The Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violationsdated November 13, 2020;

Pursuant toThe Law on Gender Equalitydated November 29, 2006;

Pursuant toThe Law on Occupational Safety and Healthdated June 25, 2015;

Pursuant toLabor Codedated November 20, 2019;

Decree No. 07/2021/NĐ-CP

The Government issues this Decree prescribing administrative sanctions for violations in the field of gender equality.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violation, forms of administrative sanction, levels of administrative sanction, measures to remedy consequences for each act of administrative violation, authority to issue administrative violation records, authority to impose administrative sanctions, specific monetary fines according to each position for acts of administrative violation in the field of gender equality.

2. Other acts of administrative violation in the field of gender equality not prescribed in this Decree shall be subject to provisions in other Decrees of the Government on administrative sanctions for violations in the fields of state management related thereto.

Article 2. Applicability

1. Organizations and individuals of Vietnam; foreign organizations and individuals; households engaged in business, family households committing acts of administrative violation in the field of gender equality within the territory, contiguous zones, exclusive economic zones, and continental shelves of the Socialist Republic of Vietnam; on aircraft bearing Vietnamese nationality, ships flying the flag of Vietnam shall be subject to administrative sanctions under Vietnamese law, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

Organizations referred to in this Article include:

a) State agencies committing acts of administrative violation concerning gender equality that are not part of their assigned state management tasks;

b) Enterprises established and operating in accordance with the law, branches, representative offices, business locations of enterprises;

c) Cooperatives, associations of cooperatives, cooperative groups established and operating in accordance with the law;

d) Political organizations, political-social organizations, political-social-professional organizations, social organizations, social-professional organizations;

đ) Public service units;

e) Branches, representative offices, business locations of foreign traders in Vietnam; representative offices of foreign trade promotion organizations in Vietnam;

g) International organizations, intergovernmental organizations, government agencies and organizations from foreign countries, non-governmental organizations permitted to operate in Vietnam;

h) Other organizations as prescribed by law.

2. Persons authorized to issue administrative violation records, persons authorized to impose administrative sanctions as prescribed in this Decree.

3. Other agencies, organizations, and individuals related to the imposition of administrative sanctions and the enforcement of administrative sanctions and remedial measures as prescribed in this Decree.

Article 3. Time Limit for Imposing Administrative Sanctions

1. The statute of limitations for administrative sanctions in the field of gender equality is one year.

2. An administrative violation concerning gender equality that has ended is an act carried out once or multiple times and there is evidence to determine that the act was completed before the competent agency or person discovered the administrative violation. The date of termination of the violation is the date when the violation was completed.

3. An ongoing administrative violation concerning gender equality is an act currently taking place at the time the competent agency or person discovers the administrative violation and such act continues to infringe upon the order of state management in the field of gender equality.

Article 4. Forms of punishment and measures to remedy consequences

1. Principal forms of administrative penalty:

a) To issue warnings;

b) Fine.

2. Additional forms of punishment:

a) Revoking the right to use a business operation license for a limited period;

b) Confiscation of contraband items and means of administrative violation.

3. Measures to remedy consequences:

a) Compelling public correction of false information;

b) Compelling public apology;

c) Compelling restoration of legitimate rights of individuals and organizations that have been violated;

d) Compelling payment of all reasonable medical examination and treatment costs for the person whose health and mental well-being have been harmed due to administrative violations;

đ) Compelling destruction of works, cultural products, printed products, textbooks, teaching materials, and curricula containing gender stereotypes, promoting, advocating, and disseminating gender discrimination;

e) Compelling modification, supplementation, replacement, or correction of works, cultural products, printed products, textbooks, teaching materials, and curricula containing gender stereotypes, promoting, advocating, and disseminating gender discrimination;

g) Compelling modification or abolition of regulations, rules of agencies, organizations, community conventions, and customs containing gender discrimination;

h) Compelling modification or abolition of age requirements for training and recruitment containing gender discrimination;

i) Compelling return of unlawful profits obtained from committing administrative violations;

k) Compelling return of licenses, professional certificates, registration certificates with erased, altered, or falsified contents to the competent authorities that issued such licenses, certificates, and registration certificates;

1. The maximum fine for a single administrative violation in the field of gender equality against an individual is 30,000,000 VND.

2. The fines prescribed for administrative violations under Chapter II of this Decree apply to both individuals and organizations. In cases where an organization commits an administrative violation similar to that of an individual, the fine shall be twice the amount imposed on an individual.

a) In cases where a household or a business household commits an administrative violation, the fine shall be applied as if it were an individual.

b) In cases where a branch, representative office, or place of business violates administrative regulations in the field of gender equality, the penalty shall be applied according to the provisions of Decree No. 118/2021/NĐ-CP dated December 23, 2021 detailing certain articles and implementing measures of the Law on Handling Administrative Violations.

3. The authority to impose fines for individuals as stipulated in Chapter III of this Decree is the authority to impose fines for a single administrative violation committed by an individual. The authority to impose fines for administrative violations committed by organizations is twice the authority to impose fines for individuals.

Chapter II

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF PENALTY

 AND REMEDIAL MEASURES

Article 6. Administrative violations related to politics in the field of gender equality

a) Insulting the dignity and reputation of self-nominated candidates or candidates recommended for election to the National Assembly, People's Councils, or leadership positions in political organizations, political-social organizations, political-social-professional organizations, social organizations, or social-professional organizations due to gender bias;

b) Insulting the dignity and reputation of individuals to obstruct their appointment to management or leadership positions or specialized positions due to gender bias;

c) Intentionally spreading false information to obstruct self-nominated candidates or candidates recommended for election to the National Assembly, People's Councils, or leadership positions in political organizations, political-social organizations, political-social-professional organizations, social organizations, or social-professional organizations due to gender bias;

d) Intentionally spreading false information to obstruct the appointment of individuals to management or leadership positions or specialized positions due to gender bias.

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

a) Inciting or enticing others to vote only for candidates of a specific gender during elections for the National Assembly, People's Councils, or leadership positions in political organizations, political-social organizations, political-social-professional organizations, social organizations, or social-professional organizations due to gender bias;

b) Inciting or enticing others to vote only for candidates of a specific gender during procedures to select candidates for appointment to management or leadership positions or specialized positions due to gender bias;

3. A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed on one of the following acts:

a) Inciting others to delay or fail to provide, or delay or fail to provide fully and timely, the required information, documents, and application forms to obstruct self-nominated candidates or candidates recommended for election to the National Assembly, People's Councils, or leadership positions in political organizations, political-social organizations, political-social-professional organizations, social organizations, or social-professional organizations due to gender bias;

b) Inciting others to delay or failing to implement procedures to obstruct the appointment of individuals to management or leadership positions or specialized positions due to gender bias;

c) Threatening to use force or intimidating mentally to obstruct self-nominated candidates or candidates recommended for election to the National Assembly, People's Councils, or leadership positions in political organizations, political-social organizations, political-social-professional organizations, social organizations, or social-professional organizations due to gender bias;

d) Threatening to use force or intimidating mentally to obstruct the appointment of individuals to management or leadership positions or specialized positions due to gender bias.

4. A fine of between 7,000,000 VND and 10,000,000 VND shall be imposed for any of the following acts:

a) Using force to obstruct self-nominated candidates or candidates recommended for election to the National Assembly, People's Councils, or leadership positions in political organizations, political-social organizations, political-social-professional organizations, social organizations, or social-professional organizations due to gender bias;

b) Using force to obstruct the appointment of individuals to management or leadership positions or specialized positions due to gender bias;

c) Erasing, altering the content of documents or records to distort their contents, or compelling others to erase, alter the content of documents or records to distort their contents with the aim of obstructing individuals from self-nominating or being nominated as candidates for National Assembly deputies, People's Council deputies, or positions in leadership bodies of political organizations, political-social organizations, political-professional-social organizations, social organizations, or professional-social organizations due to gender bias;

d) Erasing, altering the content of documents or records to distort their contents, or compelling others to erase, alter the content of documents or records to distort their contents with the aim of obstructing the appointment of individuals to management, leadership positions, or specialized titles due to gender bias;

đ) Failing to appoint individuals to management, leadership positions, or specialized titles due to gender bias.

5. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on the act of establishing and implementing regulations or rules that discriminate based on gender.

6. Additional forms of punishment:

Seizure of contraband items and means of administrative violation for the acts stipulated in points a, b, c, and d, Clause 4 of this Article.

7. Measures to remedy consequences:

a) Compel the perpetrator to publicly apologize to the victim for the acts stipulated in Clause 1, points c and d, Clause 3 of this Article (except in cases where the victim does not request such an apology in writing);

b) Compel the perpetrator to publicly correct false information for the acts stipulated in points c and d, Clause 1 of this Article;

c) Compel the perpetrator to restore the legitimate rights of the victim for the acts stipulated in points a and b, Clause 3, points c, d, and đ, Clause 4 of this Article;

d) Compel the perpetrator to bear all reasonable medical examination and treatment costs for the acts stipulated in points c and d, Clause 3, points a and b, Clause 4 of this Article in cases where the victim suffers physical or mental harm;

đ) Compel the perpetrator to amend or revoke discriminatory regulations or rules established by agencies, organizations, or individuals for the acts stipulated in Clause 5 of this Article.

Article 7. Administrative violations related to gender equality in the economic sector.

a) Insulting the honor and dignity of individuals establishing businesses or conducting production and business activities due to gender bias;

b) Threatening to use violence or intimidating mentally to obstruct individuals from establishing businesses or conducting production and business activities due to gender bias;

c) Inciting others to delay providing or delaying, failing to provide fully and timely the required information, documents, and application forms for individuals establishing businesses or conducting production and business activities due to gender bias.

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

a) Using force to obstruct individuals from establishing businesses or conducting production and business activities due to gender bias;

b) Altering records to distort their contents to obstruct individuals from establishing businesses or conducting production and business activities due to gender bias;

c) Compelling others to alter records to distort their contents to obstruct individuals from establishing businesses or conducting production and business activities due to gender bias.

3. Additional forms of punishment:

Seizure of contraband items and means of administrative violation for the acts stipulated in point a, b, and c, Clause 2 of this Article, except for licenses, certificates, and registration certificates for activities stipulated in point d, Clause 4 of this Article.

4. Measures to remedy consequences:

a) Compel the perpetrator to publicly apologize to the victim for the acts stipulated in point a and b, Clause 1 of this Article (except in cases where the victim does not request such an apology in writing);

b) Compel the perpetrator to restore the legitimate rights of the victim for the acts stipulated in point c, Clause 1 and points b and c, Clause 2 of this Article;

c) Compel the perpetrator to bear all reasonable medical examination and treatment costs for the acts stipulated in point b, Clause 1 and point a, Clause 2 of this Article in cases where the victim suffers physical or mental harm;

d) Compel the perpetrator to return licenses, practice certificates, and registration certificates for activities that have been erased or altered to distort their contents (if any) for the acts stipulated in points b and c, Clause 2 of this Article to the competent authority or person who issued these licenses, certificates, and registration certificates.

1. Warning shall be imposed for acts of inciting or urging others to choose work, workplace, or profession based on gender stereotypes.

2. A fine of from VND 10,000,000 to VND 15,000,000 for any of the following actions:

a) Gender discrimination in ensuring occupational safety and health;

b) Forcing or prohibiting others from choosing work, workplace, or profession due to gender stereotypes;

c) Gender discrimination in job assignment leading to income disparity;

d) Refusing to hire or limiting the hiring of workers of a specific gender.

3. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for acts of establishing and implementing regulations or rules that contain gender discrimination.

4. Violations concerning female workers and gender equality shall be punished according to the Government's Decree stipulating administrative penalties in the labor, social insurance, and sending Vietnamese workers abroad under contracts fields.

5. Measures to remedy consequences:

a) Order to restore the legitimate rights of the person violated as provided in Clause 2 of this Article;

b) Order to amend or abolish regulations or rules of organizations or individuals containing gender discrimination as provided in Clause 3 of this Article.

Article 9. Administrative violations related to gender equality in the education and training field

1. Warning shall be imposed for acts of inciting, urging, or preventing others from attending school or enhancing knowledge due to gender reasons.

2. A fine of VND 500,000 to VND 1,000,000 shall be imposed for acts of forcing or hindering others from choosing subjects, majors, or professions due to gender reasons.

3. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed for acts of inciting or forcing others to stop studying due to gender reasons.

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

a) Organizing and forcing many people to stop studying due to gender reasons;

b) Refusing admission to those who meet the conditions for training courses or supplementary training due to gender reasons or pregnancy, childbirth, or childcare.

5. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for acts of setting different ages for training or admission between males and females.

6. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for organizing vocational education, compiling, or disseminating textbooks, teaching materials, or curricula containing gender stereotypes.

7. Measures to remedy consequences:

a) Order to restore the legitimate rights of the person violated as provided in Clauses 1, 2, 3, and 4 of this Article;

b) Order to amend or abolish regulations on training or admission ages containing gender discrimination as provided in Clause 5 of this Article;

c) Order to amend, replace, or correct textbooks, teaching materials, or curricula containing gender stereotypes. If not amended, replaced, or corrected, then order to destroy the materials containing gender stereotypes as provided in Clause 6 of this Article;

d) Order to return the unlawful profits obtained from the act as provided in Clause 6 of this Article.

Article 10. Administrative violations related to gender equality in the science and technology field

1. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed for acts of insulting honor and dignity to hinder others from participating in scientific and technological activities due to gender reasons.

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

a) Threatening with violence or mental coercion to hinder others from participating in scientific and technological activities due to gender reasons;

b) Not providing complete information or materials within the prescribed time limit to hinder others from participating in scientific and technological activities due to gender reasons.

3. A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed on one of the following acts:

a) Using violence to hinder others from participating in scientific and technological activities due to gender reasons;

b) Preventing others from participating in scientific and technological activities due to gender reasons.

4. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for acts of refusing participation of one gender in training courses or scientific and technological activities.

5. Additional forms of punishment:

Confiscate the objects and means of administrative violation as provided in point a Clause 3 of this Article.

6. Measures to remedy consequences:

a) Order to publicly apologize to the person violated as provided in Clause 1 and point a Clause 2 of this Article (except when the person violated does not request it);

b) Order to restore the legitimate rights of the person violated as provided in point b Clause 2, point b Clause 3, and Clause 4 of this Article;

c) Order to bear all reasonable medical examination and treatment costs as provided in point a Clause 2 and point a Clause 3 of this Article if causing damage to the health or spirit of the person violated.

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

a) Insulting the dignity and personality with the aim of hindering individuals from creating, criticizing literature and art, performing, or participating in other cultural activities, physical education, and sports due to gender bias;

b) Threatening to use violence or mentally intimidating individuals to hinder them from creating, criticizing literature and art, performing, or participating in other cultural activities, physical education, and sports due to gender bias.

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

a) Using violence to hinder individuals from creating, criticizing literature and art, performing, or participating in other cultural activities, physical education, and sports due to gender bias;

b) Refusing others to create, criticize literature and art, perform, or participate in other cultural activities, physical education, and sports due to gender bias;

c) Personally or inciting others to implement outdated customs and practices that discriminate against genders in any form.

3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following acts:

a) Creating, circulating, publishing, or allowing the publication of works or cultural products containing content that promotes or propagates gender discrimination or gender stereotypes in any genre or form;

b) Propagating backward thoughts, customs, and practices that discriminate against genders in any form;

c) Establishing and implementing regulations that discriminate against genders within community village rules or agreements.

4. Additional forms of administrative punishment:

a) Revoking the operating license usage rights for three to six months from the date the penalty decision takes effect for the act of circulating, publishing, or allowing the publication as stipulated in point a, Clause 3 of this Article;

b) Seizing the objects and means of administrative violation for the act stipulated in point a, Clause 2 of this Article.

5. Measures to remedy consequences:

a) Compelling public apology to the person whose rights have been violated for the act stipulated in Article 1 of this Law (except when the victim does not request it in writing);

b) Compelling restoration of the legitimate rights of the person whose rights have been violated for the acts stipulated in points a and b, Clause 2 of this Article;

c) Compelling removal, modification, replacement, or correction of works or cultural products containing gender stereotypes, promoting or propagating gender discrimination; if not removed, modified, replaced, or corrected, then compelling destruction of such works or cultural products for the act stipulated in point a, Clause 3 of this Article;

d) Compelling modification or abolition of regulations that discriminate against genders within community village rules or agreements for the act stipulated in point c, Clause 3 of this Article;

đ) Compelling payment of all reasonable medical examination and treatment costs for the acts stipulated in point b, Clause 1 and point a, Clause 2 of this Article in cases where the victim suffers health or mental damage;

e) Compelling repayment of all unlawful profits obtained from committing the act stipulated in Clause 3 of this Article.

6. Advertisements containing gender stereotypes shall be penalized according to the Government Decree stipulating penalties for administrative violations in the fields of culture and advertising.

Article 12. Administrative violations related to gender equality in the field of health

1. Warning shall be imposed for inciting others not to participate in health education activities, health care communication, reproductive health, and health services due to gender bias.

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

a) Insulting the dignity and reputation of individuals participating in health education activities, health care communication, reproductive health, and health services due to gender bias;

b) Delaying or failing to provide complete materials as required by regulations to individuals participating in health education activities, health care communication, reproductive health, and health services due to gender bias.

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

a) Obstructing or preventing others from participating in health education and communication activities on health care, reproductive health, and health services due to gender bias;

b) Threatening to use violence or intimidating mentally individuals participating in health education and communication activities on health care, reproductive health, and health services due to gender bias.

4. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for using violence to obstruct others from participating in health education activities, health care communication, reproductive health, and health services due to gender bias.

5. Administrative violations related to choosing the sex of the fetus under any form or inciting, forcing others to have an abortion based on the sex of the fetus shall be punished according to the Government Decree stipulating administrative penalties in the field of health.

6. Additional forms of punishment:

Seizure of evidence and means of administrative violation shall be applied for the act prescribed in Clause 4 of this Article.

7. Measures to remedy consequences:

a) Compelling the violator to publicly apologize to the victim for the act prescribed in Point a Clause 2 and Point b Clause 3 of this Article (except when the victim does not request it in writing);

b) Compelling the violator to restore the legitimate rights of the victim for the act prescribed in Point b Clause 2, Point a Clause 3, and Clause 4 of this Article;

c) Compelling the violator to bear all reasonable medical examination and treatment costs for the act prescribed in Point b Clause 3 and Clause 4 of this Article if it causes physical and mental harm to the victim.

Article 13. Administrative violations related to gender equality in the field of family

a) Obstructing or preventing family members from engaging in income-generating activities or meeting other needs of the family due to gender reasons;

b) Treating family members unequally due to gender reasons.

a) Threatening to use violence or intimidating mentally to prevent family members who meet the conditions prescribed by law from participating in the disposition of common household property due to gender reasons;

b) Imposing domestic labor, contraceptive methods, sterilization as responsibilities of family members of a certain gender.

4. Additional form of punishment: Seizure of evidence and means of administrative violation for the act prescribed in Clause 3 of this Article.

5. Measures to remedy consequences:

a) Compelling the violator to publicly apologize to the victim for the act prescribed in Clause 1, 2, and 3 of this Article (except when the victim does not request it in writing);

b) Compelling the violator to bear all reasonable medical examination and treatment costs for the act prescribed in Clause 2 and Clause 3 of this Article if it causes physical and mental harm to the victim;

c) Compelling the violator to restore the legitimate rights of the victim for the act prescribed in Clause 1, Point a Clause 2, and Clause 3 of this Article.

Chapter III

AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS

AND IMPOSE ADMINISTRATIVE PENALTIES

The persons authorized to draw up administrative violation records for acts of administrative violations in the field of gender equality as prescribed in this Decree include:

1. Persons authorized to impose administrative sanctions as stipulated in Articles 15, 16, 17, 18, and 19 of this Decree according to their functions, tasks, and granted authorities.

2. Civil servants, public officials, members of the People's Army, and People's Public Security Force who are performing official duties, inspecting, and supervising the implementation of laws on gender equality.

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

a) To issue warnings;

b) Imposing fines up to VND 3,000,000;

c) Confiscating objects and means of transportation involved in administrative violations with a value not exceeding VND 6,000,000.

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

a) To issue warnings;

b) Impose fines up to 15,000,000 VND;

c) Revoking the right to use business operation licenses for a limited period;

d) Confiscating objects and means of transportation involved in administrative violations with a value not exceeding VND 30,000,000;

đ) Applying measures to remedy consequences as prescribed in Clause 3, Article 4 of this Decree.

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

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Revoking the right to use business operation licenses for a limited period;

d) Confiscate contraband and means of administrative violation;

đ) Applying measures to remedy consequences as prescribed in Clause 3, Article 4 of this Decree.

1. Inspectors, persons assigned to perform specialized inspection tasks while performing official duties have the authority to issue warnings.

2. Heads of specialized inspection teams at provincial departments, Chief Inspectors of provincial departments have the authority:

a) To issue warnings;

b) Impose fines up to 15,000,000 VND;

c) Revoking the right to use business operation licenses for a limited period;

d) Confiscating objects and means of transportation involved in administrative violations with a value not exceeding VND 30,000,000;

đ) Applying measures to remedy consequences as prescribed in Clause 3, Article 4 of this Decree.

3. Heads of specialized inspection teams at ministries have the authority:

a) To issue warnings;

b) To impose fines up to VND 21,000,000;

c) Revoking the right to use business operation licenses for a limited period;

d) Confiscating objects and means of transportation involved in administrative violations with a value up to VND 42,000,000;

đ) Applying measures to remedy consequences as prescribed in Clause 3, Article 4 of this Decree.

4. Chief Inspectors of ministries, Heads of agencies assigned to perform specialized inspection functions have the authority:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Revoking the right to use business operation licenses for a limited period;

d) Confiscate contraband and means of administrative violation;

đ) Applying measures to remedy consequences as prescribed in Clause 3, Article 4 of this Decree.

1. People's Public Security Force soldiers performing official duties have the authority to issue warnings.

2. Heads of mobile police squadrons at battalion level, Station Chiefs, Team Leaders as specified in Clause 1 of this Article have the authority:

a) To issue warnings;

b) Imposing fines up to VND 900,000.

3. Chiefs of Police Stations at commune level, Chiefs of Police Posts, Battalion Commanders of Mobile Police Battalions, Maritime Squadron Commanders have the authority:

a) To issue warnings;

b) Imposing fines up to VND 1,500,000;

c) Confiscating objects and means of transportation involved in violations with a value not exceeding VND 3,000,000.

4. Chiefs of Police Departments at district level; Heads of functional departments under the Provincial Public Order Management Police Bureau; Heads of functional departments under the Cybersecurity and High-Tech Crime Prevention Bureau; Chiefs of Police Departments at provincial level including: Chiefs of Public Order Management Police Departments, Chiefs of Social Order Crime Investigation Police Departments, Chiefs of Cybersecurity and High-Tech Crime Prevention Bureaus have the authority:

a) To issue warnings;

b) Imposing fines up to VND 6,000,000;

c) Revoking the right to use business operation licenses for a limited period;

d) Confiscating objects and means of transportation involved in administrative violations with a value not exceeding VND 12,000,000;

đ) Applying measures to remedy consequences as prescribed in Clause 3, Article 4 of this Decree.

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

a) To issue warnings;

b) Impose fines up to 15,000,000 VND;

c) Revoking the right to use business operation licenses for a limited period;

d) Confiscating objects and means of transportation involved in administrative violations with a value not exceeding VND 30,000,000;

đ) Applying measures to remedy consequences as prescribed in Clause 3, Article 4 of this Decree.

6. Chiefs of the Provincial Public Order Management Police Bureau, Chiefs of the Social Order Crime Investigation Police Bureau, Chiefs of the Cybersecurity and High-Tech Crime Prevention Bureau have the authority:

a) Imposing fines up to VND 30,000,000;

b) Revoking the right to use business operation licenses for a limited period;

c) To confiscate objects and means of administrative violations;

d) Applying measures to remedy consequences as prescribed in point đ, Clause 3, Article 4 of this Decree.

1. Border Guard soldiers performing official duties have the authority to issue warnings.

2. The station chief, team leader of those specified in Clause 1 of this Article have the right to:

a) To issue warnings;

b) Impose a fine up to 1,500,000 VND.

3. Team Leaders of Special Task Teams against Drugs and Crimes under Special Task Teams against Drugs and Crimes have the authority:

a) To issue warnings;

b) Imposing fines up to VND 3,000,000;

c) Confiscating objects and means of transportation involved in administrative violations with a value not exceeding VND 6,000,000;

d) Applying measures to remedy consequences as prescribed in point đ, Clause 3, Article 4 of this Decree.

4. Border Guard Post Chiefs, Border Guard Maritime Squadron Chiefs, Commanders of Border Guard Port Command Headquarters have the authority:

a) To issue warnings;

b) Imposing fines up to VND 6,000,000;

c) Confiscating objects and means of transportation involved in administrative violations with a value not exceeding VND 12,000,000;

d) Applying measures to remedy consequences as prescribed in points b, c, d, e, g, and h, Clause 3, Article 4 of this Decree.

5. The Commander of the Special Task Force for Drug Prevention and Combating Crime under the Anti-drug and Crime Prevention Department of the Border Guard Command has the authority:

a) To issue warnings;

b) Impose fines up to 15,000,000 VND;

c) Seizing objects, means of transport violating administrative regulations with a value not exceeding VND 30,000,000;

d) Applying measures to remedy consequences as prescribed in point đ, Clause 3, Article 4 of this Decree.

6. Chiefs of Drug Control and Crime Prevention Bureaus, Commanders of Border Guard Forces at provincial level, Maritime Squadron Commanders under the Border Guard Command have the authority:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Revoking the right to use business operation licenses for a limited period;

d) Confiscate contraband and means of administrative violation;

đ) Applying measures to remedy consequences as prescribed in Clause 3, Article 4 of this Decree.

1. Coast Guard officers performing their duties have the right to:

a) To issue warnings;

b) Fine up to 600,000 VND.

2. The head of the Coast Guard business affairs team have the right to:

a) To issue warnings;

b) Impose a fine up to 1,500,000 VND.

3. The Head of the Maritime Police Operational Team, the Head of the Maritime Police Station have the right to:

a) To issue warnings;

b) Fine up to 3,000,000 VND.

4. The maritime squadron commander have the right to:

a) To issue warnings;

b) Imposing fines up to VND 6,000,000;

c) Confiscating objects and means of transportation involved in administrative violations with a value not exceeding VND 12,000,000;

d) Apply the measures to remedy consequences prescribed in point b, Clause 3, Article 4 of this Decree.

5. The Commander of the Coast Guard Squadron, the Commander of the Reconnaissance Squadron, and the Commander of the Special Task Force for Combating Drug Crimes under the Command of the Coast Guard have the authority:

a) To issue warnings;

b) To fine up to 9,000,000 VND;

c) To confiscate the objects and means of administrative violation with a value not exceeding 18,000,000 VND;

d) Apply the measures to remedy consequences prescribed in point b, Clause 3, Article 4 of this Decree.

6. The Commander of the Coast Guard Region, the Director of the Department of Operations and Law under the Command of the Vietnam Coast Guard have the authority:

a) To issue warnings;

b) Impose fines up to 15,000,000 VND;

c) Seizing objects, means of transport violating administrative regulations with a value not exceeding VND 30,000,000;

d) Apply the measures to remedy consequences prescribed in point b, Clause 3, Article 4 of this Decree.

7. The commander of the Vietnam Coast Guard have the right to:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Revoking the right to use business operation licenses for a limited period;

d) Confiscate contraband and means of administrative violation;

đ) To apply the measures to remedy consequences prescribed in point b, Clause 3, Article 4 of this Decree.

1. The Chairpersons of People's Committees at all levels have the authority to impose administrative penalties and apply measures to remedy consequences (if applicable) for administrative violations prescribed in Chapter II of this Decree within their competence and within the territorial scope defined in Article 15 of this Decree.

2. Labor, Invalids and Social Affairs Inspectors have the authority to impose administrative penalties and apply measures to remedy consequences (if applicable) for administrative violations prescribed in Chapter II of this Decree within the competence defined in Article 16 of this Decree and within the scope of their assigned tasks and powers.

3. Planning and Investment Inspectors have the authority to impose administrative penalties and apply measures to remedy consequences (if applicable) for administrative violations prescribed in Article 7 of this Decree within the competence defined in Article 16 of this Decree and within the scope of their assigned tasks and powers.

4. Education Inspectors have the authority to impose administrative penalties and apply measures to remedy consequences (if applicable) for administrative violations prescribed in Article 9 of this Decree within the competence defined in Article 16 of this Decree and within the scope of their assigned tasks and powers.

5. Science and Technology Inspectors have the authority to impose administrative penalties and apply measures to remedy consequences (if applicable) for administrative violations prescribed in Article 10 of this Decree within the competence defined in Article 16 of this Decree and within the scope of their assigned tasks and powers.

6. Culture, Sports and Tourism Inspectors have the authority to impose administrative penalties and apply measures to remedy consequences (if applicable) for administrative violations prescribed in Articles 11 and 13 of this Decree within the competence defined in Article 16 of this Decree and within the scope of their assigned tasks and powers.

7. Health Inspectors have the authority to impose administrative penalties and apply measures to remedy consequences (if applicable) for administrative violations prescribed in Article 12 of this Decree within the competence defined in Article 16 of this Decree and within the scope of their assigned tasks and powers.

8. Information and Communications Inspectors have the authority to impose administrative penalties and apply measures to remedy consequences (if applicable) for administrative violations prescribed in point c and d, Clause 1, Article 6 of this Decree within the competence defined in Article 16 of this Decree and within the scope of their assigned tasks and powers.

9. The People's Public Security Forces have the authority to impose administrative penalties and apply measures to remedy consequences (if applicable) for administrative violations prescribed in Articles 6, 7, 9, 11, 12, and 13 of this Decree within the competence defined in Article 17 of this Decree and within the scope of their assigned tasks and powers.

10. Border Guard Forces have the authority to impose administrative penalties and apply measures to remedy consequences (if applicable) for administrative violations prescribed in Articles 6, 7, 8, 9, 11, 12, and 13 of this Decree within the competence defined in Article 18 of this Decree and within the scope of their assigned tasks and powers.

11. The Coast Guard Forces have the authority to impose administrative penalties and apply measures to remedy consequences (if applicable) for administrative violations prescribed in Clauses 1, 2, and 3, Article 9, point c, Clause 2, Article 11, and point b, Clause 1, Article 13 of this Decree within the competence defined in Article 19 of this Decree and within the scope of their assigned tasks and powers.

Chapter IV

IMPLEMENTING PROVISIONS

Article 21. Effective Date

1. This Decree takes effect from January 1, 2022.

2. Decree No. 55/2009/NĐ-CP dated June 10, 2009 of the Government on administrative penalties for gender equality violations shall cease to be effective from the date this Decree takes effect.

Article 22. Transitional provisions

1. For administrative violations in the field of gender equality that occur before the effective date of this Decree but are discovered later or are being considered and resolved and for which this Decree does not prescribe legal responsibility or prescribes lighter legal responsibility for violators, the provisions of this Decree shall be applied.

2. For decisions on administrative penalties that have been issued or fully executed before the effective date of this Decree, if the individuals or organizations subject to such penalties still file complaints, the provisions of Decree No. 55/2009/NĐ-CP dated June 10, 2009 of the Government on administrative penalties for gender equality violations shall be applied.

Article 23. Responsibility for Implementation

1. The Ministry of Labor, Invalids and Social Affairs is responsible for organizing the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities shall be responsible for implementing this Decree.