Decree No. 144/2013/ND-CP on administrative sanctions for violations related to social assistance, social relief, and protection and care of children

 DECREE

Regulations on Administrative Sanctions for Violations

on social assistance, relief, and protection and care for children

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

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

Pursuant to the Law on Elderly People dated November 23, 2009;

Pursuant to the Law on Persons with Disabilities dated June 17, 2010;

Pursuant to the Law on Administrative Sanctions dated June 20, 2012;

Article 1. Scope of Application

At the proposal of the Minister of Labor, Invalids and Social Affairs,

The Government issues this Decree to regulate administrative sanctions concerning social assistance, relief, and protection and care for children.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violations, forms of administrative sanctions, levels of fines, and measures to remedy consequences for each act of administrative violation; the authority to impose sanctions, specific fine amounts according to each position and authority to issue administrative violation reports regarding social assistance, relief, and protection and care for children.

2. Administrative violations concerning social assistance, relief, and protection and care for children not specified in this Decree shall be regulated according to provisions on administrative sanctions in relevant areas of state management.

Article 2. Measures to remedy consequences

In addition to the measures to remedy consequences prescribed in Clause 1, Article 28 of the Law on Administrative Sanctions, this Decree provides for the following measures to remedy consequences:

1. Proposing competent state agencies to revoke decisions to enjoy policies;

2. Compelling the return of sums of money collected unlawfully. If the person to whom the money should be returned cannot be identified, it must be deposited into the state budget;

3. Compelling the provision of appropriate working conditions, tools, labor safety, and hygiene suitable for persons with disabilities and regular health care for them; compelling consultation with persons with disabilities when making decisions related to their rights and interests;

4. Proposing competent state agencies to revoke certificates of disability level;

5. Compelling an apology if requested;

6. Compelling the fulfillment of obligations to care for and raise children;

7. Compelling the destruction of cultural, information, and communication products containing pornographic, violent, or horrific content;

8. Compelling the payment of all costs for medical examination and treatment;

9. Compelling the payment of all costs for purchasing books, notebooks, and school supplies for children;

10. Compelling the restoration of the original condition of educational facilities and equipment that have been destroyed;

11. Compelling the restoration of the original condition that has changed or the removal of unauthorized construction works or installations;

12. Compelling the relocation of cemeteries, warehouses storing pesticides, toxic chemicals, radioactive materials, flammable and explosive substances, production and business establishments producing hazardous waste, or establishments caring for and raising children, educational establishments, cultural establishments, and children's entertainment venues due to improper location;

13. Compelling immediate implementation of measures to address safety deficiencies;

14. Compelling the revocation of operating licenses.

Article 3. Levels of Fines

1. The maximum level of fine for acts of administrative violation concerning social assistance, relief, and protection and care for children is 50,000,000 VND.

2. The level of fine for each act of administrative violation specified in Chapter II and the maximum level of fine for authorized administrative sanctioning officials in Chapter III of this Decree is the fine for individual violators, except for the provisions in Articles 6, 7, 10, 11, 12, and Article 34 of this Decree. The level of fine for organizational violators is twice the level of fine for individual violators.

Chapter II
ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF PENALTY

AND MEASURES TO REMEDY CONSEQUENCES

Section 1

ADMINISTRATIVE VIOLATIONS CONCERNING SOCIAL ASSISTANCE, RELIEF

Article 4. Violation of regulations on social assistance policy application files

1. Warning or a fine of up to five hundred thousand dong for the act of false declaration or forgery of files and documents to receive emergency social aid.

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

a) False declaration or forgery of files and documents to receive monthly social allowances;

b) False declaration or forgery of files and documents to receive monthly care and maintenance support funds;

c) False declaration or forgery of files and documents to be admitted to social welfare institutions or centralized care and maintenance facilities.

3. Measures to remedy consequences:

a) Recommending the competent state agency to revoke decisions granting social policies concerning violations under Clause 1 and Clause 2 of this Article;

b) Compelling the return of unlawful profits obtained through the implementation of violations under Clause 1 and Clause 2 of this Article.

Article 5. Violation of regulations on the responsibility for caring for and maintaining beneficiaries of social assistance

1. A fine of from three million dong to five million dong for the act of failing to care for and maintain beneficiaries of social assistance.

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

a) Forcing the beneficiary to go without food or water, not allowing or restricting personal hygiene; forcing the beneficiary to live in places with harmful or dangerous environments or other forms of cruel treatment;

b) Exploiting the care and maintenance of the beneficiary for personal gain;

c) Forcing the beneficiary to perform heavy, toxic, or dangerous labor;

d) Tempting, enticing, or compelling the beneficiary to commit acts that violate the law;

đ) Infringing upon the health, reputation, and dignity of the beneficiary.

3. Additional forms of punishment:

Revoking the operating license or temporarily suspending operations for one to three months for social welfare institutions or individuals providing care and maintenance to beneficiaries in the community for violations under Clause 2 of this Article.

4. Measures to remedy consequences:

Compelling the return of unlawful profits obtained through the implementation of violations under Point b and Point c Clause 2 of this Article.

Article 6. Violation of regulations on the operation of social welfare institutions

1. A fine of from three million dong to five million dong for the act of failing to organize functional recovery activities, production labor; assisting beneficiaries in self-management, cultural, sports, and other activities appropriate to their age and health conditions.

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

a) Misusing the financial resources and physical infrastructure of social welfare institutions for purposes other than intended;

b) Charging service fees to beneficiaries of social assistance contrary to the provisions of the law;

c) Failing to ensure environmental, physical infrastructure, staff, and care standards for beneficiaries.

3. Measures to remedy consequences:

a) Compelling the return to beneficiaries of social assistance of illegally collected amounts for violations under Point b Clause 2 of this Article. If the beneficiary cannot be identified, the amount must be paid into the state budget;

b) Compelling the return of unlawful profits obtained through the implementation of violations under Point a Clause 2 of this Article.

Article 7. Violation of regulations on the responsibilities of organizations providing payment services for social allowances

||| 1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts:

a) Failing to pay social allowances to beneficiaries of social assistance;

b) Paying insufficient social allowances to beneficiaries of social assistance;

c) Paying social allowances to the wrong beneficiaries of social assistance;

d) Paying social allowances to beneficiaries of social assistance outside the prescribed time limit.

2. Measures to remedy consequences:

Compelling the return of unlawful profits obtained through the implementation of violations under Clause 1 of this Article.

Article 8. Violation of regulations on management of relief funds and goods

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

a) Causing damage or loss of relief funds and goods;

b) Using or distributing relief funds and goods for purposes or recipients not designated by the donor;

c) Embezzling relief funds and goods.

2. Measures to remedy consequences:

Order to return the unlawful profits obtained from committing the violation stipulated in Point c Clause 1 of this Article.

Article 9. Violation of prohibitions against persons with disabilities

||| 1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts:

a) Discriminating against or treating persons with disabilities unfairly;

b) Obstructing the right to marry of persons with disabilities;

c) Obstructing the right to raise children of persons with disabilities;

d) Obstructing persons with disabilities from living independently and integrating into society;

e) Obstructing persons with disabilities from participating equally in social activities;

f) Failing to fulfill the responsibility of supporting and caring for persons with disabilities as prescribed by law.

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

a) Assaulting the body of persons with disabilities;

b) Violating the dignity and reputation of persons with disabilities;

c) Violating the property rights and lawful interests of persons with disabilities.

3. Imposing a fine of VND 10,000,000 to VND 15,000,000 for any of the following acts:

a) Exploiting persons with disabilities, organizations of persons with disabilities, organizations for persons with disabilities, images, personal information, or conditions of persons with disabilities for personal gain or to commit acts violating the law;

b) Luring, enticing, or compelling persons with disabilities to commit acts violating the law.

4. Measures to remedy consequences:

Order to return the unlawful profits obtained from committing the violation stipulated in Point a Clause 3 of this Article.

Article 10. Violation of responsibilities for health care of medical examination and treatment facilities towards persons with disabilities

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

a) Failing to advise on preventive measures and early detection of disabilities;

b) Failing to prioritize medical examination and treatment for severely disabled persons, disabled persons, disabled children, elderly disabled persons, and pregnant women with disabilities as prescribed by law.

2. Imposing a fine of VND 3,000,000 to VND 5,000,000 for the act of failing to identify congenital disabilities in newborns.

Article 11. Violation of educational responsibilities of educational institutions towards persons with disabilities

Imposing a fine from VND 5,000,000 to VND 10,000,000 for any of the following acts:

1. Failing to implement exemptions or reductions in tuition fees, training costs, and other contributions as prescribed by law on education;

2. Failing to ensure appropriate teaching and learning conditions for persons with disabilities as prescribed by law;

3. Failing to provide learning aids and materials specifically for persons with disabilities when necessary;

4. Failing to allow persons with disabilities to be exempted or reduced from certain subjects or educational activities that they cannot meet;

5. Refusing admission to persons with disabilities at higher ages as prescribed by law;

6. Setting admission conditions that limit persons with disabilities, except in some cases as prescribed by law;

7. Failing to give priority in admissions to persons with disabilities as prescribed by law;

8. Obstructing the right to education of persons with disabilities.

Article 12. Violation of vocational training responsibilities of vocational training institutions towards persons with disabilities

||| 1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts:

a) Charging consultation fees for vocational training of persons with disabilities contrary to the provisions of the law;

b) Failing to provide job counseling for persons with disabilities as prescribed by law;

c) Failing to implement exemptions or reductions in tuition fees for persons with disabilities undergoing vocational training as prescribed by law.

2. Imposing a fine of VND 10,000,000 to VND 15,000,000 for the act of falsely declaring or forging documents to meet the conditions for establishing a vocational training institution for persons with disabilities.

3. Fine from 15,000,000 VND to 20,000,000 VND for any of the following acts:

a) Failing to maintain the conditions prescribed by law after being established and operating for six months or more;

b) Failing to ensure material and equipment for vocational training for persons with disabilities;

c) Failing to ensure appropriate training programs, methods, and timeframes for vocational training for persons with disabilities;

d) Failing to assign teachers with expertise, skills, and qualifications to teach persons with disabilities;

e) Failing to issue certificates recognizing vocational training when persons with disabilities meet the conditions prescribed by law.

4. Measures to remedy consequences:

a) Order to refund to students the amounts collected unlawfully for the violations stipulated in Points a and c Clause 1 of this Article. In case the students cannot be identified, the amount must be paid into the state budget;

b) Order to return the unlawful profits obtained from committing the violations stipulated in Clause 2 of this Article.

Article 13. Violation of provisions on labor responsibilities towards persons with disabilities

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of refusing to recruit persons with disabilities who meet the required criteria for employment or setting recruitment standards contrary to the provisions of the law with the aim of limiting their employment opportunities.

2. A fine shall be imposed for one of the following acts: failing to ensure working conditions, tools, labor safety, and hygiene suitable for persons with disabilities and not regularly caring for their health; not consulting the opinions of persons with disabilities when making decisions related to their rights and interests according to one of the following levels:

a) VND 1,000,000 to less than VND 3,000,000 when violating from one person to less than ten people;

b) VND 3,000,000 to less than VND 5,000,000 when violating from ten people to less than fifty people;

c) VND 5,000,000 to less than VND 10,000,000 when violating from fifty people to less than one hundred people;

d) VND 10,000,000 to less than VND 15,000,000 when violating from one hundred people or more.

3. Measures to remedy consequences:

Order to ensure working conditions, tools, labor safety, and hygiene suitable for persons with disabilities and regularly care for their health; order to consult the opinions of persons with disabilities when making decisions related to their rights and interests for violations under Clause 2 of this Article.

Article 14. Violation of traffic participation regulations for persons with disabilities and the elderly

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

a) Not exempting or reducing ticket prices or service fees for severely disabled persons, moderately disabled persons, and the elderly as prescribed by law;

b) Not giving priority in selling tickets to persons with disabilities and the elderly;

c) Not assisting in arranging convenient seats for persons with disabilities and the elderly;

d) Refusing to transport persons with disabilities participating in traffic or refusing to transport appropriate support equipment for persons with disabilities.

2. Measures to remedy consequences:

Order to refund the buyer the unlawful amounts collected for the violation at Point a Clause 1 of this Article. In cases where the buyer cannot be identified, the amount must be paid into the state budget.

Article 15. Violation of standards for supporting persons with disabilities to access and use information technology and communication

A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of producing or trading mobile phones or other telecommunications devices that do not comply with the standard arrangement of numbers, letters, and symbols, making it impossible for persons with disabilities to use them.

Article 16. Violation of provisions on supporting activities applying information technology and communication for persons with disabilities

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of forging documents to benefit from preferential policies such as tax exemptions, reduced interest loans, and other support for research, production, and provision of services and means to assist persons with disabilities in accessing information technology and communication.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the act of incorrectly applying the beneficiaries of preferential policies such as tax exemptions, reduced interest loans, and other support for research, production, and provision of services and means to assist persons with disabilities in accessing information technology and communication.

3. Measures to remedy consequences:

Order to return the illegal profits obtained from implementing the violations under Clause 1 and Clause 2 of this Article.

Article 17. Violations concerning the determination of disability levels

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

a) Failing to perform or performing inadequately the responsibilities of members of the Disability Level Determination Council;

b) Failing to perform or performing inadequately the methods for determining disability levels or re-determining disability levels.

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

a) Taking advantage of the disability level determination process to gain improper benefits;

b) Refusing to re-determine disability levels without legitimate reasons;

c) Deceiving in the determination of disability levels or issuing certificates confirming disability levels.

3. A fine of from five million dong to ten million dong shall be imposed on the act of forging documents to obtain a certificate confirming disability levels.

4. Measures to remedy consequences:

a) Ordering the return of unlawful profits obtained through the implementation of the violation stipulated in Point a, Clause 2, Article 17 herein;

b) Recommending that competent state agencies revoke the certificate confirming disability levels for violations stipulated in Clause 3, Article 17 herein.

Article 18. Violations concerning the rights and obligations towards elderly persons

||| 1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts:

a) Obstructing elderly persons from living with their children or grandchildren or living alone;

b) Infringing upon or obstructing elderly persons from exercising their rights to marriage, property ownership, and other lawful rights.

2. A fine of from five million dong to ten million dong shall be imposed on the act of forcing elderly persons to go hungry, thirsty, not allowing or restricting personal hygiene; forcing them to live in harmful or dangerous environments, or other forms of cruel treatment.

3. Measures to remedy consequences:

Ordering an apology when requested for the violation stipulated in Clause 2, Article 18 herein.

Article 19. Violations concerning the obligation to care for and support elderly persons

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

a) Failing to fulfill the legal obligation to care for and support elderly persons;

b) Failing to fully comply with commitments under service contracts signed to care for elderly persons as prescribed by law;

c) Taking advantage of caring for and supporting elderly persons to gain improper benefits.

2. Measures to remedy consequences:

Order to return the unlawful profits obtained from committing the violation stipulated in Point c Clause 1 of this Article.

Article 20. Violations of certain other provisions concerning persons with disabilities and elderly persons

1. A fine of from three million dong to five million dong shall be imposed on the act of inciting others to commit acts violating the law against persons with disabilities or elderly persons.

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

a) Forcing others to commit acts violating the law against persons with disabilities or elderly persons;

b) Compelling elderly persons to work or engage in activities contrary to the law.

Section 2

ADMINISTRATIVE VIOLATIONS CONCERNING THE PROTECTION AND CARE OF CHILDREN

Article 21. Violations concerning medical examinations and treatments for children

1. A fine of from one million dong to three million dong shall be imposed on those responsible for caring for, raising, supervising, or teaching children who discover that a child is ill or has symptoms of illness but fail to promptly inform the family or immediately take the child to the nearest healthcare facility for examination and treatment.

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

a) Charging fees for medical examinations and treatments for children under six years old contrary to the law;

b) Failing to use medical equipment and facilities for children's medical examinations and treatments when conditions permit and such use is allowed for children.

3. A fine of from ten million dong to fifteen million dong shall be imposed on the act of refusing to provide medical examinations and treatments for children as required or in emergency situations.

4. Additional forms of administrative punishment:

Revoking the right to use licenses and practice certificates for a period of three to six months for violations stipulated in Clauses 1, 2, and 3 of this Article.

5. Measures to remedy consequences:

Ordering the refund of illegally collected fees to the person receiving medical examinations and treatments for the violation stipulated in Point a, Clause 2 of this Article. If the person to whom the refund should be made cannot be identified, the amount must be paid into the state budget.

Article 22. Violation of provisions on caring for and raising children

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

a) Abandoning or failing to care for and raise a child after birth;

b) Parents or guardians failing to fulfill their duty to raise and support children, severing emotional and material ties with children, except in cases where the child is adopted or required to be separated from the child according to the law;

c) Parents or guardians intentionally abandoning children in public places, leaving children unattended or forcing them not to live with their family, neglecting children's self-sufficiency, failing to care for, raise, and educate children, thereby placing children in special circumstances.

2. Measures to remedy consequences:

Obligation to fulfill the duty of caring for and raising children according to the law shall be enforced against parents or guardians who commit violations under Clause 1 of this Article.

Article 23. Violation of provisions prohibiting enticing, luring, or compelling children to wander and exploiting wandering children for profit

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for acts of enticing, luring, or compelling children to leave home and wander in any form.

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

a) Parents or guardians compelling children to wander to earn a living;

b) Exploiting children who are wandering for profit.

3. Measures to remedy consequences:

Obligation to return illegal profits obtained through the violation under Point b Clause 2 of this Article shall be enforced.

Article 24. Violation of provisions requiring the marking of products unsuitable for children on publications, printed materials, toys, or failure to announce the age limit for children not allowed to view, listen to radio, television programs, art performances, films, and other shows containing inappropriate content for children

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

a) Failure to mark that children are not permitted to use publications, printed materials, or toys if they contain content unsuitable for children;

b) Failure to announce the age limit for children not allowed to view, listen to radio, television programs, art performances, films, and other shows containing inappropriate content for children.

2. Additional forms of punishment:

Seizure of publications, printed materials, and toys for violations under Point a Clause 1 of this Article.

Article 25. Violation of provisions prohibiting enticing, luring, or compelling children to gamble; selling or providing children with alcohol, tobacco, and other harmful stimulants

||| 1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts:

a) Enticing, luring, or compelling children to witness gambling in any form;

b) Enticing, luring, or compelling children to participate in serving gambling in any form;

c) Enticing, luring, or compelling children to witness the illegal use of narcotics in any form.

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

a) Enticing, luring children to gamble, use alcohol, tobacco, and other harmful stimulants affecting the health and development of children;

b) Selling or providing children with alcohol, tobacco, and other harmful stimulants affecting the health and development of children.

Article 26. Violation of provisions prohibiting the inclusion of images of children in cultural, information, and communication products containing pornographic, violent, or horrific content

1. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for the act of including images of children in cultural, information, and communication products containing pornographic, violent, or horrific content.

2. Measures to remedy consequences:

Obligation to destroy cultural, information, and communication products containing pornographic, violent, or horrific content for violations under Clause 1 of this Article.

Article 27. Violation of provisions prohibiting the abuse of children; exploiting children for profit; hindering children from participating in social activities

1. A warning or a fine of up to five hundred thousand dong shall be imposed on the act of hindering children from participating in lawful and healthy social activities and community life.

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

a) Assaulting the body, causing harm to the health of children;

b) Forcing children to go without food or drink, not allowing or restricting personal hygiene; forcing children to live in places with harmful or dangerous environments or other forms of cruel treatment towards children;

c) Causing mental injury, insulting the dignity, honor, humiliating, cursing, threatening, disgracing, isolating, neglecting, affecting the development of children;

d) Using punishment methods that cause physical or mental pain to children;

đ) Frequently threatening children with images, sounds, animals, objects that make children fearful and mentally injured.

3. Imposing a fine of VND 10,000,000 to VND 15,000,000 for any of the following acts:

a) Organizing or compelling children to beg;

b) Renting out, lending children or using children for begging.

4. Measures to remedy consequences:

a) Compelling the payment of all costs for medical examination and treatment (if applicable) for children for violations under Clause 2 of this Article;

b) Compelling the destruction of items harmful to the health of children for violations under Point đ Clause 2 of this Article;

c) Compelling the return of illegal profits obtained through the implementation of violations under Clause 3 of this Article.

Article 28. Violation of provisions prohibiting inciting, instigating, deceiving children to hate their parents, guardians, or inciting, instigating, deceiving children to assault the bodies, dignity, honor of others

1. A fine of from five million dong to ten million dong shall be imposed on the act of inciting, instigating, deceiving children in any form to make children hate their parents, guardians.

2. A fine of from ten million dong to fifteen million dong shall be imposed on the act of inciting, instigating, deceiving children to assault the bodies, dignity, honor of others.

3. Measures to remedy consequences:

Compelling the payment of all costs for medical examination and treatment for the person assaulted by children for violations under Clause 2 of this Article.

Article 29. Violation of provisions prohibiting the exploitation of child labor; using children to buy, sell, transport goods, counterfeit goods, tax-evaded goods, illegal currency

1. A fine of from one million dong to three million dong shall be imposed on the act of parents, guardians, fosterers compelling children to perform household work beyond their capacity, time, affecting their studies, play, entertainment, adversely affecting the development of children.

2. A fine of from ten million dong to fifteen million dong shall be imposed on the act of using children to buy, sell, transport goods, counterfeit goods, tax-evaded goods, illegal currency.

3. Additional forms of punishment:

Seizure of tax-evaded goods, counterfeit goods, illegal currency resulting from the implementation of violations under Clause 2 of this Article.

4. Measures to remedy consequences:

Compelling the return of illegal profits obtained through the implementation of violations under Clause 2 of this Article.

Article 30. Violation of provisions prohibiting hindering the right to education of children

1. A warning or a fine of up to five hundred thousand dong shall be imposed on one of the following acts:

a) Destroying books, notebooks, educational supplies of children;

b) Intentionally failing to fulfill the obligation to contribute to the education of children as prescribed by law, not ensuring the time and conditions for children's education.

2. A fine of from one million dong to three million dong shall be imposed on the act of enticing, luring, compelling children to drop out of school, skip classes.

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

a) Disrupting, hindering the operation of educational facilities for children;

b) Damaging material infrastructure, teaching and learning equipment of educational facilities for children.

4. Additional forms of administrative punishment:

Seizure of evidence and means used to commit violations under Point b Clause 3 of this Article.

5. Measures to remedy consequences:

a) Compelling the payment of all costs to purchase books, notebooks, educational supplies for children for violations under Point a Clause 1 of this Article;

b) Compelling the restoration of the original condition of material infrastructure, teaching and learning equipment damaged due to the implementation of violations under Point b Clause 3 of this Article.

Article 31. Violation of the prohibition on insulting, cursing, scolding, and forcing children who violate the law to perform acts that infringe upon their dignity and personality.

A fine of from five million dong to ten million dong shall be imposed for the act of insulting, cursing, scolding, and forcing children who violate the law to perform acts that infringe upon their dignity and personality.

Article 32. Violation of the prohibition on establishing cemeteries, production facilities, business establishments, warehouses storing pesticides, toxic chemicals, radioactive materials, flammable and explosive substances within the range affecting childcare and nurturing facilities, educational institutions, cultural centers, and children's entertainment venues.

1\. A fine of from twenty million dong to twenty-five million dong shall be imposed for any of the following acts:

a\. Establishing cemeteries, warehouses storing pesticides, toxic chemicals, radioactive materials, flammable and explosive substances within the range affecting childcare and nurturing facilities, educational institutions, cultural centers, and children's entertainment venues;

b\. Establishing production and business facilities producing hazardous waste, generating excessive noise beyond the limits prescribed by law, affecting childcare and nurturing facilities, educational institutions, cultural centers, and children's entertainment venues;

c\. Establishing childcare and nurturing facilities, educational institutions, cultural centers, and children's entertainment venues within the range affected by cemeteries, warehouses storing pesticides, toxic chemicals, radioactive materials, flammable and explosive substances, or production and business facilities producing hazardous waste and generating excessive noise beyond the limits prescribed by law.

2. Additional forms of punishment:

Suspension of part or all activities or revocation of the right to use the operating license for three to six months for violations under Clause 1 of this Article.

3. Measures to remedy consequences:

a\. Compel restoration to the original state that was altered or removal of illegally constructed buildings or installed equipment due to the violation under Clause 1 of this Article;

b\. Compel relocation of cemeteries, warehouses storing pesticides, toxic chemicals, radioactive materials, flammable and explosive substances, production and business facilities producing hazardous waste, or childcare and nurturing facilities, educational institutions, cultural centers, and children's entertainment venues established outside the permitted range as stipulated in Clause 1 of this Article.

Article 33. Violation of the requirement to ensure safety in production, business operations, and transportation leading to accidents and injuries to children.

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following acts:

a\. Failure to promptly post warning signs, barriers, or instructions at dangerous, toxic, flammable, explosive, electric shock-prone, or unsafe transportation areas leading to accidents and injuries to children;

b\. Failure to fully and promptly implement safety measures in production, business operations, and traffic circulation leading to accidents and injuries to children.

2. Measures to remedy consequences:

a\. Compel immediate implementation of measures to address the lack of safety for the violation under Clause 1 of this Article;

b\. Compel payment of all medical examination and treatment costs for children for the violation under Clause 1 of this Article.

Article 34. Violation of the operation regulations of childcare and nurturing facilities.

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

a\. Failure to ensure one of the operational conditions for childcare and nurturing facilities;

b\. Continuing operations after the operating permit has expired without renewal as required.

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

a\. Operating contrary to the contents specified in the operating permit;

b\. Failing to comply with or improperly implementing the operational rules approved by the competent authority;

c\. Failing to process the necessary procedures to change the operating permit when there is a change in name, location, ownership, or operational content.

3. Fine from 15,000,000 VND to 20,000,000 VND for any of the following acts:

a\. Tampering with, altering, or forging documents to obtain permission to establish childcare and nurturing facilities;

b\. Misusing funds of childcare and nurturing facilities contrary to the provisions of the law;

c\. Charging service fees contrary to the provisions of the law;

d\. Operating without registration or an operating permit as required by law;

đ\. Failing to provide adequate food portions for children or using prohibited foods or chemicals to prepare meals for children, thereby affecting their health.

4. Additional forms of administrative punishment:

Revocation of the right to use the operating license for six to twelve months for individuals or organizations committing violations under Point a Clause 2, Points b and c Clause 3 of this Article.

5. Measures to remedy consequences:

a\. Compel the revocation of the operating permit for violations under Point a Clause 3 of this Article;

b\. Compel the return of illegal profits obtained through violations under Points b and c Clause 3 of this Article.

Chapter III
AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND VIOLATION RECORDS

Article 35. Allocation of Penalty Authority

1. The Labor - Social Affairs Inspectorate has the authority to impose penalties for violations of the provisions set forth in Chapter II of this Decree.

2. The Health Inspectorate has the authority to impose penalties for violations of the provisions set forth in Articles 10, 21, and 22 of this Decree.

3. The Education and Training Inspectorate has the authority to impose penalties for violations of the provisions set forth in Articles 11, 30, and 32 of this Decree.

4. The Transport Inspectorate has the authority to impose penalties for violations of the provisions set forth in Article 14 and Article 33 of this Decree.

5. The Culture, Sports and Tourism Inspectorate has the authority to impose penalties for violations of the provisions set forth in Articles 24, 26, and 32 of this Decree.

6. The Information and Communications Inspectorate has the authority to impose penalties for violations of the provisions set forth in Articles 15, 16, 24, and 26 of this Decree.

7. Market Management has the authority to impose penalties for violations of the provisions set forth in Articles 15, 24, 25, 26, and 32 and Point b Clause 1 Article 33 of this Decree.

8. The People's Public Security has the authority to impose administrative penalties for violations of the provisions set forth in Articles 14, 20, 23, 24, 25, 26, 27, 28, 29, 31, 32, and 33 of this Decree.

9. The penalty authority for administrative violations prescribed from Article 36 to Article 39 of this Decree applies to an individual's single administrative violation; in cases of fines, the penalty authority for organizations is twice that of individuals.

Article 36. Authority of Inspectors

1. Inspectors, persons assigned to perform specialized inspection duties as stipulated in Clauses 1, 2, 3, 4, 5, and 6 of Article 35 of this Decree have the right:

a) To issue warnings;

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

c) To confiscate contraband items, means of transportation involved in administrative violations with a value not exceeding the fine amount specified in Point b of this Article.

d) To apply remedial measures as provided for in Points a, c, and Point đ Clause 1 of Article 28 of the Law on Handling Administrative Violations.

2. Heads of Provincial Inspectorates and equivalent positions assigned by the Government to perform specialized inspection functions as stipulated in Clauses 1, 2, 3, 4, 5, and Clause 6 of Article 35 of this Decree have the right:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) To confiscate contraband items, means of transportation involved in administrative violations with a value not exceeding the fine amount specified in Point b Clause of this Article;

đ) To apply remedial measures as provided for in Article 2 of this Decree.

3. Heads of Ministry Inspectorates and equivalent positions assigned by the Government to perform specialized inspection functions as stipulated in Clauses 1, 2, 3, 4, 5, and Clause 6 of Article 35 of this Decree have the right:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) To apply remedial measures as provided for in Article 2 of this Decree.

4. Heads of specialized inspection teams at the ministry level as stipulated in Clauses 1, 2, 3, 4, 5, and Clause 6 of Article 35 of this Decree have the right:

a) To issue warnings;

b) Impose a fine up to thirty-five million dong;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) To confiscate contraband items, means of transportation involved in administrative violations with a value not exceeding the fine amount specified in Point b Clause of this Article;

đ) To apply remedial measures as provided for in Article 2 of this Decree.

5. Heads of specialized inspection teams at the provincial level have the authority to impose penalties according to Clause 2 of this Article.

Article 37. Authority of the Chairman of the People's Committee

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

a) To issue warnings;

b) To impose fines up to VND 5,000,000;

c) To confiscate contraband items, means of transportation involved in administrative violations with a value not exceeding the fine amount specified in Point b Clause of this Article;

d) To apply remedial measures as provided for in Points a, b, c, and đ Clause 1 of Article 28 of the Law on Handling Administrative Violations.

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 25,000,000;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) To confiscate contraband items, means of transportation involved in administrative violations with a value not exceeding the fine amount specified in Point b Clause of this Article;

đ) To apply remedial measures as provided for in Points a, b, c, đ, e, h, and i Clause 1 of Article 28 of the Law on Handling Administrative Violations, and Article 2 of this Decree.

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

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) To apply remedial measures as provided for in Clause 1 of Article 28 of the Law on Handling Administrative Violations and Article 2 of this Decree.

Article 38. Competence of Market Management

1. Market inspectors performing their duties have the right to:

a) To issue warnings;

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

2. The Head of the Market Management Team has the right to:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

c) To confiscate contraband items, means of transportation involved in administrative violations with a value not exceeding the fine amount specified in Point b Clause of this Article;

d) Apply the remedial measures prescribed in points a, đ, e, g, h, and i Clause 1 Article 28 of the Law on Handling Administrative Offenses and items 7, 11, and 12 Section 2 of this Decree.

3. The Head of the Market Management Sub-department under the Department of Industry and Trade, the Head of the Anti-Smuggling Department, the Head of the Anti-Fake Goods Department, and the Head of the Quality Control Department of the Market Management Department have the right:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) To confiscate contraband items, means of transportation involved in administrative violations with a value not exceeding the fine amount specified in Point b Clause of this Article;

d) Revoke the right to use a time-limited license or certificate of practice or suspend operations for a time-limited period;

đ) Apply the remedial measures prescribed in points a, c, d, đ, e, g, h, and i Clause 1 Article 28 of the Law on Handling Administrative Offenses and items 7, 11, and 12 Section 2 of this Decree.

4. The Director of the Market Management Department has the right to:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) To confiscate objects and means of administrative violations;

d) Revoke the right to use a time-limited license or certificate of practice or suspend operations for a time-limited period;

đ) Apply the remedial measures prescribed in points a, c, d, đ, e, g, h, and i Clause 1 Article 28 of the Law on Handling Administrative Offenses and items 7, 11, and 12 Section 2 of this Decree.

Article 39. Competence of People's Public Security

1. Public security officers performing their duties have the authority to:

a) To issue warnings;

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

2. The Station Chief, Team Leader as specified in Clause 1 of this Article have the right:

a) To issue warnings;

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

3. Chiefs of public security stations at commune level, chiefs of public security posts, and chiefs of public security checkpoints at border gates and export processing zones have the authority to:

a) To issue warnings;

b) Impose fines up to 2,500,000 VND;

c) To confiscate contraband items, means of transportation involved in administrative violations with a value not exceeding the fine amount specified in Point b Clause of this Article;

d) Apply the remedial measures prescribed in points a, c, and đ Clause 1 Article 28 of the Law on Handling Administrative Offenses.

4. The Head of the Public Security Office at the district level; the Heads of the Departments under the Highway Traffic Police Corps, Railway Traffic Police Corps, Inland Waterway Traffic Police Corps; the Heads of the Departments under the Provincial Public Security Office including the Head of the Social Order Administration Police Department, the Head of the Public Order Police Department, the Head of the Rapid Response Police Department, the Head of the Social Order Crime Investigation Police Department, the Head of the Economic and Official Crime Investigation Police Department, the Head of the Drug Crime Investigation Police Department, the Head of the Highway Traffic Police Department, the Head of the Railway Traffic Police Department, the Head of the Inland Waterway Traffic Police Department, the Head of the Protection and Mobile Police Department, the Head of the Environmental Crime Prevention and Control Police Department, the Head of the Immigration Management Department, the Head of the Cultural and Ideological Security Department, the Head of the Information Security Department; the Heads of the Mobile Police Units from battalion level upwards have the right:

a) To issue warnings;

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

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) To confiscate contraband items, means of transportation involved in administrative violations with a value not exceeding the fine amount specified in Point b Clause of this Article;

đ) Apply the remedial measures prescribed in points a, c, and đ Clause 1 Article 28 of the Law on Handling Administrative Offenses and items 2, 7, 8, 11, 12, and 13 Section 2 of this Decree.

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

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate the objects and means of administrative offenses with a value up to 25,000,000 VND;

đ) Apply the remedial measures prescribed in points a, c, đ, and i Clause 1 Article 28 of the Law on Handling Administrative Offenses and items 2, 7, 8, 11, 12, and 13 Section 2 of this Decree.

6. The Director of the Cultural and Ideological Security Bureau, the Director of the Information Security Bureau, the Director of the Social Order Administration Police Bureau, the Director of the Social Order Crime Investigation Police Bureau, the Director of the Economic and Official Crime Investigation Police Bureau, the Director of the Drug Crime Investigation Police Bureau, the Director of the Highway Traffic Police Bureau, the Director of the Railway Traffic Police Bureau, the Director of the Inland Waterway Traffic Police Bureau, the Director of the Environmental Crime Prevention and Control Police Bureau, the Director of the High-Tech Crime Prevention and Control Police Bureau have the right:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) Apply the remedial measures prescribed in points a, c, đ, and i Clause 1 Article 28 of the Law on Handling Administrative Offenses and items 2, 7, 8, 11, 12, and 13 Section 2 of this Decree.

7. The Director of the Immigration Management Bureau has the authority to impose penalties as provided for in Clause 6 of this Article.

Article 40. Competence to Draft Administrative Violation Records

When discovering administrative violations, those authorized to impose penalties, public officials, and civil servants performing their duties must promptly draft records and implement according to Article 58 of the Law on Handling Administrative Offenses.

Chapter IV
IMPLEMENTING PROVISIONS

Article 41. Effective Date

1. This Decree takes effect from December 15, 2013.

2. Decree No. 91/2011/NĐ-CP dated October 17, 2011 of the Government on administrative penalties for violations concerning children shall cease to be effective from the date this Decree takes effect.

Article 42. Transitional Provisions

1. For acts of violation occurring before the date this Decree takes effect but discovered afterwards or still under examination and resolution, the provisions on penalties in this Decree shall apply if they are beneficial to the individual or organization committing the administrative violation.

2. As for decisions on administrative penalties that have been issued or fully executed before the date this Decree takes effect, if the individual or organization subject to penalty or the individual subject to administrative measure still lodges complaints, the provisions of the Ordinance on Handling Administrative Offenses shall be applied to resolve them.

Article 43. Responsibility for Implementation

1. The Minister of Labor, Invalids, and Social Affairs shall be responsible for guiding the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of People's Committees of provinces and centrally administered cities are responsible for implementing this Decree./.