Decree No. 129/2006/NĐ-CP on administrative penalties for violations in border management and protection.

DECREE

Regulations on administrative penalties for violations in

 border management and protection

_______________

 

THE GOVERNMENT

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

Pursuant to the Law on National Border dated June 17, 2003;

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

Pursuant to the Ordinance on Border Guard dated March 28, 1997;

Upon the proposal of the Minister of National Defense,

DECREE

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application

1. This Decree stipulates acts of administrative violation in border management and protection; forms of penalty, fine levels; measures to remedy consequences; authority to impose penalties; procedures for imposing penalties; complaints, denunciations, and resolution of complaints and denunciations.

2. Administrative violation in border management and protection is an act violating state regulations on border management and protection carried out intentionally or negligently by individuals or organizations that does not constitute a crime and must be subject to administrative penalty according to this Decree.

3. Other acts of administrative violation related to border management and protection prescribed in Government Decrees on administrative penalties shall be handled according to those Decrees.

Article 2. Applicability

1. Vietnamese individuals or organizations committing administrative violations in border management and protection.

2. Foreign individuals or organizations committing administrative violations in border management and protection shall be penalized as Vietnamese individuals or organizations. In cases where international treaties to which the Socialist Republic of Vietnam is a member provide different provisions, such treaty provisions shall apply.

3. Individuals under the age of majority committing administrative violations in border management and protection shall be penalized according to Article 7 of the Administrative Violation Handling Ordinance.

Article 3. Principles of administrative penalty

1. All acts of administrative violation in border management and protection must be promptly detected and immediately stopped. Administrative penalty proceedings must be conducted swiftly, justly, thoroughly, and all consequences caused by administrative violations must be remedied in accordance with the law.

2. Individuals or organizations shall only be subject to administrative penalty in border management and protection when they commit acts violating the provisions set forth in this Decree or other Government Decrees prescribing administrative penalties related to border management and protection.

3. Administrative penalty in border management and protection shall be conducted by the authorized authority as prescribed in this Decree in accordance with the law.

4. An act of administrative violation shall only be subject to administrative penalty once. Individuals or organizations committing multiple acts of administrative violation shall be penalized for each individual violation. Multiple individuals or organizations jointly committing an act of administrative violation shall be penalized individually.

5. Administrative penalty shall be based on the nature and degree of violation, the identity of the violator, and mitigating or aggravating circumstances to determine the form and level of penalty and appropriate measures according to this Decree. Mitigating and aggravating circumstances shall be applied according to Articles 8 and 9 of the Administrative Violation Handling Ordinance.

6. No administrative penalty shall be imposed in cases of emergency situations, justifiable self-defense, unexpected events, or administrative violations committed while suffering from mental illness or other diseases causing loss of capacity to understand or control behavior.

Article 4. Statute of limitations for administrative penalties

1. The statute of limitations for administrative penalties in border management and protection is one year, calculated from the date the violation was committed; for administrative violations concerning exit and entry, the statute of limitations for administrative penalties is two years, calculated from the date the violation was committed.

If the time limits mentioned above have passed, administrative penalties will not be imposed but measures to remedy the consequences of administrative violations as prescribed in this Decree shall still be applied.

2. For individuals who have been indicted, prosecuted, or have a decision to bring a case to trial under criminal procedure regarding crimes related to border management and protection but have a decision to terminate investigation or terminate the case, they shall be subject to administrative penalties if their actions indicate administrative violations. In this case, the statute of limitations for administrative penalties is three months, calculated from the date the authority responsible for imposing penalties receives the decision to terminate investigation or terminate the case and the violation file.

3. If individuals or organizations commit new acts of administrative violation or deliberately evade or obstruct the imposition of penalties, the statute of limitations prescribed in Clause 1 and Clause 2 of this Article shall not be applied; the statute of limitations for administrative penalties shall be recalculated from the date the individual commits a new act of administrative violation or the date the act of evading or obstructing the imposition of penalties ceases.

4. The authority responsible for imposing administrative penalties in border management and protection, if negligent in allowing the statute of limitations to expire, shall be dealt with according to Article 121 of the Administrative Violation Handling Ordinance.

Article 5. Time Limit for Being Considered as Not Having Been Punished

An individual or organization that has been administratively punished for violations in border management and protection shall be considered as not having been administratively punished if they have not committed any further violation within one year from the date of completion of the execution of the administrative punishment decision or from the date when the time limit for enforcing the decision expires.

Article 6. Forms of Administrative Sanctions and Measures to Remedy Consequences

1. Principal forms of administrative sanctions:

a) To issue warnings;

b) Fine.

The maximum fine amount prescribed for a single administrative violation in border management and protection is thirty million Vietnamese dong.

2. Additional forms of punishment:

a) Suspension of the right to use licenses or certificates of practice for a limited or unlimited period.

b) Confiscation of property or means used to commit the administrative violation.

3. Measures to remedy consequences:

a) Compel restoration of the original state altered by the administrative violation or compel dismantling of unauthorized construction works.

b) Compel implementation of measures to remedy environmental pollution or disease spread caused by the administrative violation.

c) Compel removal from Vietnamese territory or compel re-export of goods or items.

d) Compel destruction of harmful items affecting human health, livestock, crops, or harmful cultural products.

đ) Compel departure from the port area or border zone.

e) Compel return of shore-going permits issued to crew members, staff, and passengers of foreign vessels docked at the port.

Chapter II

VIOLATIONS OF ADMINISTRATIVE REGULATIONS AND FORMS OF SANCTIONS, AMOUNTS OF SANCTIONS

PENALTY, AMOUNT OF PENALTY

Article 7. Violations of Regulations on Border Management and Protection, National Boundary Markers, and Indicators of the Border Line

1. A fine of between five hundred thousand and one million Vietnamese dong for acts damaging, moving, or otherwise harming national boundary markers or indicators of the border line.

2. A fine of between two million and five million Vietnamese dong for any of the following acts:

a) Printing, reproducing, or distributing materials about the national border without authorization from competent authorities.

b) Printing, reproducing, or disseminating materials inaccurately depicting the national border.

3. A fine of between five million and ten million Vietnamese dong for any of the following acts:

a) Conducting geological exploration or mining activities affecting the national border or national boundary markers.

b) Building retaining walls, digging canals, ditches, dumping earth, rocks, or waste into rivers, streams, or border channels, altering their flow or changing the national border.

c) Constructing water conservancy projects on rivers, streams, channels, or border ditches without permission from competent authorities.

4. Additional forms of sanctions and remedial measures:

a) Confiscation of property or means used to commit the administrative violation for violations under Clause 2 and Clause 3 of this Article.

b) Compel restoration of the original state for violations under Point a and Point b of Clause 3 of this Article.

c) Compel dismantling of structures for violations under Point c of Clause 3 of this Article.

Article 8. Violations of Regulations on Crossing Borders, Unauthorized Settlements, and Other Acts Harmful to National Defense, Security, and Human Health in Border Areas

1. Warning or a fine of between two hundred thousand and five hundred thousand Vietnamese dong for any of the following acts:

a) Crossing the border without required documentation.

b) Crossing the border at unauthorized points or times.

c) Renting, lending, or allowing others to rent or borrow border crossing documents, certificates, or travel passes.

2. A fine of between five hundred thousand and one million Vietnamese dong for any of the following acts:

a) Grazing livestock across the border.

b) Illegally burying, relocating graves, or transporting corpses across the border.

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

a) Crossing the border beyond the permitted area.

b) Assisting, facilitating, or creating conditions for individuals or vehicles to exceed the permitted area.

4. A fine of between two million and ten million Vietnamese dong for any of the following acts:

a) Smuggling goods or prohibited items across the border.

b) Engaging in farming, hunting, logging, mining, fishing, or other illegal activities across the border.

c) Unauthorized settlement in border areas.

d) Launching, releasing, or transferring harmful objects or substances that pose risks to national defense, security, economy, public health, environment, and social order and safety across the border.

5. Additional forms of sanctions and remedial measures:

a) Confiscation of property or means used to commit the administrative violation for violations under Point c of Clause 1, Point a, and Point d of Clause 4 of this Article.

b) Compel restoration of the original state for violations under Point b of Clause 2, Point b, and Point c of Clause 4 of this Article.

c) Compel implementation of measures to remedy environmental pollution or disease spread for violations under Point d of Clause 4 of this Article.

d) Compel destruction of harmful items affecting human health, livestock, crops, or harmful cultural products for violations under Point d of Clause 4 of this Article.

Article 9. Violations of Regulations on Residency, Travel, and Activities in Border Areas

1. Warning or a fine of between two hundred thousand and five hundred thousand Vietnamese dong for any of the following acts:

a) Unauthorized residency, travel, or occupation in border areas.

b) Failure to report or assisting others in unauthorized residency, travel, or occupation in border areas.

c) Violation of regulations on border area management and protection.

2. A fine of between five hundred thousand and one million Vietnamese dong for any of the following acts:

a) Foreigners entering border areas or border zones without required documents;

b) Vietnamese citizens or foreigners who meet the conditions to enter the border area but fail to report to the Border Guard Post or local authorities.

c) Vietnamese agencies or organizations organizing entry of foreigners into border areas without accompanying personnel, or without permission from the police, or failing to notify the police or Border Guard units of the destination province.

3. Measures to remedy consequences:

Compel departure from the border area for violations under Point a of Clause 1 and Point a of Clause 2 of this Article.

Article 10. Violations of regulations on management and protection of border works, signs, and restricted areas in border zones

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

a) Writing, drawing, or erasing characters on signs indicating "border zone," "border belt," "restricted area," "checkpoint area," and other signs within the border zone;

b) Entering, exiting, moving about, or engaging in activities illegally in restricted areas or limited activity zones within the border zone.

2. A fine of between five hundred thousand and one million Vietnamese dong for any of the following acts:

a) Setting fires, causing explosions, or firing guns illegally within the border belt;

b) Filming, photographing, measuring, or mapping restricted areas within the border zone without authorization from competent authorities;

c) Damaging, moving, or dismantling signs indicating "border zone," "border belt," "restricted area," "checkpoint area," and other signs within the border zone.

3. A fine from 5,000,000 dong to 10,000,000 dong shall be imposed for acts of destroying, dismantling, or damaging the structure or equipment of border works.

4. Additional forms of sanctions and remedial measures:

a) Confiscation of tools and means used for administrative violations as stipulated in point b, Clause 2, and Clause 3 of this Article;

b) Compelling restoration to the original state caused by administrative violations as stipulated in point a, Clause 1, point c, Clause 2, and Clause 3 of this Article.

Article 11. Violations of regulations on construction of works in border zones

1. A fine from 2,000,000 dong to 5,000,000 dong shall be imposed for constructing transportation, tourism, water conservancy, hydropower, industrial enterprises, agricultural farms, forestry farms, ranches, other works, ports, joint venture economic zones, and foreign-linked exploration and resource extraction projects within the border zone without prior notification to the competent authority or local Border Guard Post.

2. A fine from 10,000,000 dong to 15,000,000 dong shall be imposed for any of the following acts: constructing works as specified in Clause 1 of this Article without permission from the competent authority; constructing at unauthorized locations affecting national borders or boundary markers, or obstructing border management and protection activities.

3. Measures to remedy consequences:

Forced removal of illegal construction equipment and structures for violations as stipulated in Clause 2 of this Article.

Article 12. Acts of violation by persons and vessels in maritime border zones

1. A fine from 100,000 dong to 200,000 dong shall be imposed for any of the following acts:

a) Persons boarding or disembarking from foreign vessels without the required permits;

b) Losing shore access permits, cards, or vessel disembarkation permits without promptly reporting to the relevant authorities;

c) Using expired permits;

d) Failing to register or present shore access permits, cards, or vessel disembarkation permits to the authorities before boarding or disembarking;

đ) Failing to comply with permitted time, scope, and content of activities;

e) Mooring vessels in unauthorized locations or failing to comply with port rules and instructions from authorities.

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

a) Failing to return shore access permits or vessel disembarkation permits upon expiration;

b) Renting, borrowing, or lending shore access permits, cards, or vessel disembarkation permits;

c) Falsely declaring positions, number of crew members, staff, passengers on board according to the registered list;

d) Foreign nationals entering maritime border zones without permits issued by provincial-level public security organs as prescribed by law;

3. A fine from 1,000,000 dong to 2,000,000 dong shall be imposed for falsifying shore access permits or vessel disembarkation permits.

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

a) The captain or person in charge of a vessel causing an accident in a maritime border zone and fleeing;

b) Engaging in activities in a maritime border zone without the required documentation, failing to present or presenting incomplete documentation of the vessel, crew, or operator when requested by inspection authorities.

5. A fine from 5,000,000 dong to 10,000,000 dong shall be imposed for military exercises, search and rescue drills, live ammunition firing, or explosive material use in maritime border zones without approved plans, failure to notify relevant parties and authorities as required.

6. A fine from 15,000,000 dong to 30,000,000 dong shall be imposed on foreign vessels for any of the following acts:

a) Loading or unloading goods at unauthorized locations;

b) Launching aircraft or landing on vessels or objects contrary to Vietnamese law.

7. Supplementary penalties and measures to mitigate consequences:

a) Confiscation of contraband for violations as stipulated in point c, Clause 1, point b, Clause 2, Clause 3, and point b, Clause 6 of this Article;

b) Compelling return of shore access permits for violations as stipulated in point đ, Clause 1 of this Article.

Article 13. Administrative violations in inland waterway traffic occurring in border zones

For administrative violations in inland waterway traffic occurring in border zones related to border management and protection, the Border Guard Post Commander has the authority to handle them. The penalty levels are implemented according to Decree No. 09/2005/NĐ-CP dated January 27, 2005, of the Government on penalties for administrative violations in inland waterway traffic.

Article 14. Acts violating regulations on entry, exit, and activities within the border gate area

1. Warning or a fine of between two hundred thousand and five hundred thousand Vietnamese dong for any of the following acts:

a) Residing, traveling, or engaging in business illegally within the border gate area;

b) Failing to register or report to competent authorities when conducting activities within the border gate area.

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

a) Refusing to comply, insulting, or obstructing inspections and controls carried out by border protection and control agencies;

b) Persons or means of transport entering, exiting, or operating within the border gate area without the required documents;

c) Operating vehicles within the border gate area beyond the permitted range; using means of transport to pick up or drop off people, carry, load, or unload goods within the border gate area at unauthorized locations or failing to follow the instructions of responsible persons;

d) The consignor transporting, loading, or unloading goods within the border gate area at unauthorized locations;

đ) Altering, repairing, renting, lending, or allowing others to rent or borrow permits for activities within the border gate area;

e) Entering or exiting through border gates not specified in regulations;

3. Acts violating regulations on departure, entry, and transit for Vietnamese citizens and foreigners shall be handled according to the provisions of Article 22 of Decree No. 150/2005/NĐ-CP dated December 12, 2005 of the Government on administrative penalties in the field of national security, public order, and social safety.

4. Additional forms of sanctions and remedial measures:

a) Seizing contraband items and means of transport for acts violating Clause đ, Article 2 of this Law;

b) Ordering violators to leave the border gate area for acts violating Clause a, Article 1 of this Law.

Chapter III

AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND VIOLATION RECORDS

Article 15. Competence to impose penalties of Border Guard Forces

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

a) To issue warnings;

b) Imposing fines up to VND 100,000.

2. The team leader of the person specified in Clause 1 of this Article has the right:

a) To issue warnings;

b) Imposing fines up to VND 200,000.

3. The Head of Border Guard Post, Commander of Border Guard Squadron, and Commander of Border Guard Subdistrict have the right:

a) To issue warnings;

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

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

d) Ordering restoration to the original condition before it was altered due to administrative violations or ordering demolition of unauthorized constructions;

đ) Ordering implementation of measures to mitigate environmental pollution and prevent the spread of diseases caused by administrative violations;

e) Ordering destruction of harmful products affecting human health, animals, and plants, and harmful cultural products;

g) Ordering violators to leave the border gate area or border region;

h) Ordering submission of shore access permits for crew members, staff, and passengers when foreign vessels dock at the port.

4. The Commander of Provincial Border Guard Force, and the Commander of Border Guard Flotilla under the Border Guard Command have the right:

a) To issue warnings;

b) Impose fines up to thirty million dong;

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

d) Ordering restoration to the original condition before it was altered due to administrative violations or ordering demolition of unauthorized constructions;

đ) Ordering implementation of measures to mitigate environmental pollution and prevent the spread of diseases caused by administrative violations;

e) Ordering destruction of harmful products affecting human health, animals, and plants, and harmful cultural products;

g) Ordering violators to leave the border gate area or border region;

h) Ordering submission of shore access permits for crew members, staff, and passengers when foreign vessels dock at the port.

Article 16. Competence to impose penalties of People's Committee Chairmen at levels where there are borders

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

a) To issue warnings;

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

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

d) Ordering restoration to the original condition before it was altered due to administrative violations;

đ) Ordering implementation of measures to mitigate environmental pollution and prevent the spread of diseases caused by administrative violations;

e) Ordering destruction of harmful products affecting human health, animals, and plants, and harmful cultural products.

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

a) To issue warnings;

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

c) Revoking the right to use licenses and certificates of practice within their jurisdiction;

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

đ) Ordering restoration to the original condition before it was altered due to administrative violations or ordering demolition of unauthorized constructions;

e) Ordering implementation of measures to mitigate environmental pollution and prevent the spread of diseases caused by administrative violations;

g) Ordering destruction of harmful products affecting human health, animals, and plants, and harmful cultural products;

h) Ordering violators to leave the border gate area or border region.

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 licenses and certificates of practice within their jurisdiction;

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

đ) Ordering restoration to the original condition before it was altered due to administrative violations or ordering demolition of unauthorized constructions;

e) Ordering implementation of measures to mitigate environmental pollution and prevent the spread of diseases caused by administrative violations;

g) Ordering removal from Vietnamese territory or re-exportation of goods, items, and means of transport;

h) Ordering destruction of harmful products affecting human health, animals, and plants, and harmful cultural products;

i) Order departure from the border gate area or border area.

Article 17. Competence to impose penalties of other agencies

In addition to those with the competence to impose administrative penalties as stipulated in Articles 15 and 16 of this Decree, those with the competence to impose administrative penalties as prescribed by the Administrative Violations Handling Ordinance, if they discover administrative violations as defined in this Decree but within their management scope, shall have the right to impose penalties on such violations according to this Decree and Article 42 of the Administrative Violations Handling Ordinance.

Article 18. Delegation of authority to impose penalties in border management and protection

Those with the competence to impose administrative penalties as stipulated in Clauses 2, 3, and 4 of Article 15; Clauses 1, 2, and 3 of Article 16 of this Decree, and those with the competence to impose penalties as prescribed in the Administrative Violations Handling Ordinance, who are delegated authority according to Article 41 of the Administrative Violations Handling Ordinance, shall not delegate such authority to others.

Article 19. Principles for determining the competence to impose administrative penalties

1. The competence to impose administrative penalties as stipulated in this Decree applies to each individual act of violation. If the penalty is a fine, the competence to impose penalties is determined based on the maximum amount of the fine prescribed for each specific act of violation; if an act of violation falls within the competence of multiple authorities, the penalty shall be imposed by the first authority to handle the case.

2. In cases where a person commits multiple acts of violation, the competence to impose penalties shall be determined according to the following principles:

a) If the form and level of penalty prescribed for each act all fall within the competence of the authority imposing the penalty, then that authority retains the competence;

b) If the form and level of penalty prescribed for one of the acts exceed the competence of the authority imposing the penalty, that authority must transfer the case to the higher authority with the appropriate competence.

3. Those with the competence to impose administrative penalties as stipulated in this Decree, upon discovering an act of violation, shall impose penalties according to their competence; if it does not fall within their competence, they shall record it and transfer it to the Border Guard Force or the nearest authority with the competence to impose penalties as prescribed by law.

Chapter IV

PROCEDURES FOR IMPOSING ADMINISTRATIVE PENALTIES

Article 20. Administrative Offense Penalty Procedures

1. When discovering an administrative offense in border management and protection, the authorized penalty authority must immediately issue an order to stop the violation.

2. The administrative offense penalty procedures shall be carried out as follows:

a) For administrative offenses where the form of penalty is a warning or a fine up to 100,000 VND, the authorized penalty authority shall issue an on-the-spot penalty decision according to the simplified procedure stipulated in Article 54 of the Administrative Violation Handling Ordinance;

b) For administrative offenses where the form of penalty is a fine over 100,000 VND, the authorized penalty authority must prepare an administrative offense record according to Article 55 of the Administrative Violation Handling Ordinance and issue a penalty decision according to Article 56 of the Administrative Violation Handling Ordinance; if the violation exceeds the penalty authority's jurisdiction, that person must send the record to the authorized penalty authority to issue a penalty decision according to the regulations.

3. When imposing a fine, the specific amount of the fine for a single administrative offense is the average level within the fine range for that offense; if there are mitigating circumstances, the fine may be reduced but not below the minimum level of the fine range; if there are aggravating circumstances, the fine may be increased but not above the maximum level of the fine range.

4. For individuals under eighteen years old who commit an administrative offense from sixteen years old and above, if they are fined, the fine amount shall not exceed half the fine imposed on adults; in cases where they do not have the means to pay the fine, their parents or guardians must pay on their behalf.

Article 21. Application of Preventive Measures and Assurance of Administrative Offense Penalties

1. To promptly prevent administrative offenses and ensure the enforcement of administrative offense penalties in border management and protection, the authorized authority may apply preventive measures and assurance of administrative offense penalties according to Article 43 of the Administrative Violation Handling Ordinance.

2. The authority, procedures for applying preventive measures against administrative offenses and ensuring the enforcement of administrative offense penalties in border management and protection are implemented according to the provisions of Articles 44, 45, 46, 47, 48, and 49 of the Administrative Violation Handling Ordinance and Article 15 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing certain provisions of the Administrative Violation Handling Ordinance.

The model record for applying preventive measures against administrative offenses is implemented according to the provisions of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government.

Article 22. Collection and Payment of Fines

Within ten days from the date of receiving the penalty decision, individuals and organizations subject to penalties must pay the fines at the State Treasury specified in the penalty decision, except in cases where the fines were paid on the spot according to Article 54 of the Administrative Violation Handling Ordinance and a receipt was received. If evasion or non-payment occurs beyond the deadline, coercive enforcement will be carried out according to the law. The collection of fines is confirmed by a receipt issued by the Ministry of Finance according to the regulations.

In remote, isolated areas, on rivers, at sea, or in regions where travel is difficult or outside regular working hours, individuals and organizations subject to penalties may pay the fines to the authorized penalty authority. The authorized penalty authority has the responsibility to collect fines on the spot and deposit them into the State Treasury according to Clause 3 of Article 58 of the Administrative Violation Handling Ordinance. The person being penalized has the right not to pay the fine if they do not have a receipt for the fine payment.

Article 23. Enforcement of penalty decisions

1. Individuals and organizations subject to administrative penalties for management and protection of national borders must strictly enforce the penalty decision within ten days from the date they receive the penalty decision, except where otherwise provided by law. If individuals or organizations fail to voluntarily comply with the penalty decision beyond this period, they will be compelled according to Article 66 of the Administrative Violation Handling Ordinance.

2. Individuals subject to fines of 500,000 dong or more may have their enforcement of the monetary penalty decision postponed according to the provisions of Article 65 of the Administrative Violation Handling Ordinance.

3. When applying coercive measures to enforce administrative violation penalty decisions in border management and protection, those authorized must follow the procedures and formalities prescribed by law.

The model of the coercive enforcement decision for administrative violation penalty decisions shall be implemented according to the provisions of Government Decree No. 134/2003/NĐ-CP dated November 14, 2003.

Article 24. Handling of evidence and means

1. Evidence and means used to commit administrative violations shall be confiscated according to the provisions of the law. For harmful cultural products, items that harm human health, animals, or plants, or easily perishable goods, the authorized confiscator shall handle them according to the provisions of Clause 1, Clause 2, and Clause 3 of Article 61 of the Administrative Violation Handling Ordinance and Article 32 of Government Decree No. 134/2003/NĐ-CP dated November 14, 2003.

2. In cases where the owner, manager, or lawful user of the evidence or means of administrative violations is unknown or does not come forward, the authorized confiscator must announce at least twice consecutively on local or central mass media and publicly post at the office of the confiscating authority within thirty days. After thirty days from the date of announcement and public posting, if the owner, manager, or lawful user cannot be identified or does not come forward, the authorized confiscator must issue a decision to confiscate the evidence and means of administrative violations for handling according to the provisions of Clause 1 of Article 61 of the Administrative Violation Handling Ordinance.

3. For evidence and means that have been wrongfully seized or improperly used to commit administrative violations, they shall be returned to the owner, manager, or lawful user.

4. Procedures for confiscating evidence and means of administrative violations in border management and protection shall be carried out according to the provisions of Article 60 of the Administrative Violation Handling Ordinance.

5. Storage fees, preservation fees for evidence and means of administrative violations, and other appropriate costs in accordance with the law shall be deducted from the proceeds of the sale of the evidence and means, or administrative violation penalties.

Article 25. Transfer of case files of administrative violations suspected of criminal offenses for criminal prosecution

In cases where an administrative violation is considered for an administrative penalty decision, if it is found that the violation has signs of a crime or if a penalty decision has already been made but later it is discovered that the violation has signs of a crime without exceeding the statute of limitations for criminal prosecution, the person making the penalty decision must revoke the decision and transfer the case file of the administrative violation suspected of a crime to the competent investigative body within three days from the date of revoking the decision, in accordance with the provisions of Article 62 of the Administrative Violation Handling Ordinance.

Chapter V

PETITIONING, REPORTING, REWARDING, AND HANDLING VIOLATIONS

Article 26. Petitioning, reporting, and resolution of petitions and reports

1. Individuals and organizations subject to administrative penalties or their lawful representatives have the right to petition against administrative penalty decisions, preventive measures, and guarantees for the handling of administrative violations.

2. Citizens have the right to report to state authorities with jurisdiction any individuals or organizations committing administrative violations stipulated in this Decree; report persons responsible for administrative penalties who violate the provisions of this Decree.

3. The authority, time limit, procedures for petitioning and reporting, and the resolution of citizens' petitions and reports shall be implemented according to the laws on petitioning and reporting.

Article 27. Administrative Litigation

The filing of lawsuits against decisions on administrative offenses penalties, decisions on applying preventive measures and ensuring the enforcement of administrative offense penalties in border management and protection shall be carried out in accordance with the provisions of the law on administrative litigation procedures.

Article 28. Rewards and Handling of Violations

1. Individuals and organizations that have achievements in combating administrative offenses in border management and protection shall be rewarded in accordance with the provisions of the law.

2. Those authorized to impose administrative offense penalties in border management and protection who abuse their powers, harass, tolerate, or shield violators; fail to impose penalties or impose them untimely, improperly, or beyond their authority shall be subject to legal sanctions depending on the nature and severity of the violation; if causing damage to the State, citizens, or organizations, they must compensate according to the provisions of the law.

3. Individuals and organizations subject to administrative offense penalties stipulated in this Decree who do not voluntarily comply with the penalty decision shall be subject to compulsory enforcement; in cases where they commit administrative offenses and obstruct, resist public servants, or use deceitful, bribery, or other means to delay or evade compliance with the penalty decision of those authorized, they shall be subject to administrative violations or criminal liability depending on the nature and severity of the violation; if causing damage, they must compensate according to the provisions of the law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 29. Effectiveness

This Decree takes effect fifteen days from the date of publication in the Official Gazette and abolishes Article 20 (violations of regulations on border management and protection, boundary markers, national border signs) and Article 21 (violations of border area management rules, customs checkpoints) of Decree No. 150/2005/NĐ-CP dated December 12, 2005 of the Government on administrative penalties in the field of security and social order.

Article 30. Implementation and guidance for implementation

1. The Minister of National Defense shall guide, inspect, and urge the implementation of this Decree.

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