Decree No. 150/2005/ND-CP on administrative penalties in the field of national security, public order, and social safety

DECREE

Regulations on administrative penalties in the field of national security, public order, and social safety

___________________

THE GOVERNMENT

 

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

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

At the proposal of the Minister of Public Security,

 

DECREE:

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violations in the fields of national security and public order (hereinafter referred to collectively as national security and public order); forms of penalty, fine amounts, measures to remedy consequences; authority to impose penalties; procedures for imposing penalties; complaints, denunciations, and resolution of complaints and denunciations.

2. Administrative violations in the fields of national security and public order are acts that violate state management regulations on national security and public order, committed intentionally or negligently by individuals or organizations, which are not criminal offenses and must be subject to administrative penalties according to this Decree.

3. Acts of administrative violations in the fields of national security and public order or related to national security and public order, as prescribed in other Government Decrees on administrative penalties, shall be handled according to those Decrees.

Article 2. Applicability

1. Vietnamese individuals and organizations committing administrative violations in the fields of national security and public order shall be penalized according to the provisions of this Decree and other relevant regulations on administrative penalties.

2. Foreign individuals and organizations committing administrative violations in the fields of national security and public order within the territory, exclusive economic zone, and continental shelf of the Socialist Republic of Vietnam shall be penalized according to the provisions of this Decree and other relevant laws on administrative penalties. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such treaty provisions shall apply.

3. Individuals who are minors committing administrative violations in the fields of national security and public order shall be dealt with according to Article 7 of the Administrative Violation Handling Ordinance.

Article 3. Principles of Administrative Penalties

1. All acts of administrative violations in the fields of national security and public order must be promptly detected and immediately stopped. Administrative penalties must be carried out quickly, objectively, and thoroughly. Consequences caused by administrative violations must be remedied in accordance with the law.

2. Individuals and organizations shall only be subject to administrative penalties in the fields of national security and public order when they commit acts violating the provisions of this Decree or other Government Decrees on administrative penalties related to these fields.

3. Administrative penalties in the fields of national security and public order shall be conducted by persons authorized to impose penalties under this Decree in accordance with the law.

4. An act of administrative violation shall only be subject to one administrative penalty. Individuals or organizations committing multiple acts of administrative violations shall be penalized for each individual violation. When multiple individuals or organizations jointly commit one act of administrative violation, each violator shall be penalized.

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

6. Administrative penalties shall not be imposed in situations of emergency, self-defense, unexpected events, or when committing administrative violations while suffering from mental illness or other diseases that impair cognitive ability or control over behavior.

Article 4. Forms of Administrative Sanctions for Violations

1. For each administrative violation in the field of security and public order specified in this Decree, the violator, whether an individual or an organization, shall be subject to one of the following main forms of administrative sanctions:

a) To issue warnings;

b) Fine.

An administrative violation in the field of security and public order may be fined from VND 60,000 to VND 30,000,000.

2. Depending on the nature and degree of the violation, individuals or organizations committing administrative violations in the field of security and public order may also be subject to one or more supplementary forms of administrative sanction as follows:

a) Revocation of the right to use licenses, certificates of practice, diplomas, certificates of practice, or other licenses;

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

3. In addition to the main forms of administrative sanctions and supplementary sanctions prescribed in Clause 1 and Clause 2 of this Article, individuals or organizations committing administrative violations in the field of security and public order may also be subject to one or more measures to remedy the consequences of the violation as follows:

a) Compelling restoration to the original state prior to the change caused by the administrative violation or compelling demolition of unauthorized construction works;

b) Compelling implementation of measures to address environmental pollution or the spread of diseases caused by the administrative violation;

c) Compelling removal from the territory of Vietnam or compelling re-export of goods, items, or means of transport;

d) Compelling destruction of items harmful to human health, animals, and crops, or harmful cultural products.

4. Foreign nationals who commit administrative violations in the field of security and public order within the territory of Vietnam may be subject to the expulsion sanction. The Minister of Public Security decides on the application of the expulsion sanction.

Article 5. Statute of Limitations for Administrative Sanctions

1. The statute of limitations for administrative sanctions in the field of security and public order is one year, counted from the date the violation was committed; for administrative violations related to departure and entry, the statute of limitations for administrative sanctions is two years, counted from the date the violation was committed.

If the time limit mentioned above has expired, the violator will not be subject to administrative sanctions but may still be subject to measures to remedy the consequences of the violation as stipulated in this Decree.

2. For individuals who have been indicted, prosecuted, or had a case decided to be brought to trial under criminal procedure, if there is a decision to terminate the investigation or close the case, they may still be subject to administrative sanctions if their actions indicate an administrative violation; in such cases, the statute of limitations for administrative sanctions is three months, counted from the date the competent authority receives the decision to terminate the investigation or close the case and the violation file.

3. Within the time limits specified in Clause 1 and Clause 2 of this Article, if an individual or organization commits a new administrative violation or intentionally evades or obstructs the administrative sanction process, the statute of limitations mentioned above will not apply; the statute of limitations will be recalculated from the date the new administrative violation was committed or the date the evasion or obstruction ends.

4. If the competent authority responsible for imposing administrative sanctions fails to act within the statute of limitations due to negligence, they will be subject to the provisions set forth in Article 121 of the Ordinance on Handling Administrative Violations.

Article 6. Period considered as not having been administratively punished

An individual or organization that has been administratively punished in the field of security and public order shall be deemed as not having been administratively punished in the field of security and public order if they have not committed any further violation within one year from the date of completion of the administrative punishment decision or from the date when the statute of limitations for enforcing the administrative punishment decision expires.

Chapter II

VIOLATIONS OF ADMINISTRATIVE LAW AND FORMS OF ADMINISTRATIVE PUNISHMENT

IN THE FIELD OF SECURITY AND PUBLIC ORDER

Article 7. Violations of public order

1. Warning or a fine of VND 60,000 to VND 100,000 for any of the following acts:

a) Flying kites, balloons, remote-controlled airplanes, or other flying objects in airport areas;

b) Making rude gestures, provocative remarks, teasing, or insulting the dignity and personality of others;

c) Causing disorder at theaters, cinemas, cultural houses, clubs, performance venues, sports events, government offices, factories, social organizations, businesses, cooperatives, residential areas, schools, hospitals, train stations, bus stations, on transportation means, on streets, at border gates, ports, or other public places;

d) Allowing cattle, horses, dogs, or other animals to run loose in cities, towns, or public places.

2. A fine of VND 200,000 to VND 500,000 for any of the following acts:

a) Fighting or inciting others to fight;

b) Providing false information to state agencies with authority;

c) Calling emergency numbers to prank, insult, threaten, harass, test telephones, or for other purposes;

d) Causing public disorder while drunk;

đ) Throwing stones, sand, gravel, or any other object at houses, trains, boats, or other transportation means, or at people, property, or assets of others;

e) Gathering in public places without permission from authorized authorities;

g) Allowing livestock or other animals to injure others.

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

a) Obstructing, failing to comply with the requests of law enforcement officers, or verbally or physically insulting their dignity or opposing them;

b) Inciting others not to comply with the requests of law enforcement officers;

c) Causing public disorder while carrying crude weapons such as knives, machetes, chains, sticks, or other supportive tools;

d) Recruiting or inciting others to cause public disorder;

đ) Hiring or recruiting others to fight;

e) Gathering to encourage or incite illegal boat racing;

g) Causing public disorder in courtrooms, execution sites, or obstructing judicial activities;

h) Causing public disorder at sites where compulsory enforcement decisions are being carried out;

i) Abusing democratic freedoms or religious beliefs to recruit or incite others to infringe upon the interests of the State, the rights and legitimate interests of organizations or individuals;

k) Assaulting or hiring others to assault the health or life of others;

l) Causing or obstructing the normal operation of agencies or organizations;

m) Gathering in large numbers contrary to the law in areas hosting international conferences, National Assembly sessions, People's Council meetings, or other important political activities of the Party, State, Vietnam Fatherland Front, or political-social organizations;

n) Not complying with or improperly complying with the law regarding gathering in public places;

o) Mediating, leading, organizing, or creating conditions for others to marry foreigners contrary to customs and traditions or the law, affecting national security and public order.

4. In addition to fines, individuals or organizations violating points a Clause 1; đ Clause 2; c Clause 3 of this Article shall also have their contraband items or means of transport confiscated.

Article 8. Acts affecting public tranquility

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

a) Creating loud noise, causing disturbance during the period from 10 PM to 5 AM the next morning;

b) Failing to comply with regulations on maintaining quietness in hospitals, convalescent homes, schools, or other places where common quietness must be maintained.

2. A fine from 300,000 VND to 500,000 VND shall be imposed for using loudspeakers, drums, gongs, horns, trumpets, or other means to rally in public places without permission from competent authorities.

3. In addition to the fine, individuals or organizations committing the act under Clause 2 of this Article shall have their contraband and equipment confiscated.

Article 9. Acts affecting public hygiene

1. Warning or a fine of VND 60,000 to VND 100,000 for any of the following acts:

a) Failing to clean up garbage and clear drainage channels around houses, offices, enterprises, military camps, thereby causing public hygiene issues;

b) Pouring water or allowing water to flow into residential areas, streets, sidewalks, train stations, bus terminals, public places, or transportation vehicles, or other places that cause public hygiene issues;

c) Dumping garbage, animal carcasses, waste, or any other items in public places, near water taps, wells, ponds, lakes, or other places commonly used by people for daily activities, thereby causing pollution or public hygiene issues;

d) Urinating or defecating on streets or common pathways;

đ) Allowing livestock, poultry, or other animals to defecate in public places;

e) Transporting manure by simple transportation means within cities or towns, causing it to spill or not ensuring hygiene;

g) Arbitrarily burning waste, toxic substances, or other dangerous materials in residential areas or public places.

2. A fine from 100,000 VND to 300,000 VND shall be imposed for any of the following acts:

a) Transporting manure by motorized transportation means within cities or towns, causing it to spill or not ensuring hygiene;

b) Dumping garbage or any other items into public manholes or drainage systems.

3. A fine from 300,000 VND to 500,000 VND shall be imposed for constructing toilets in violation of regulations, thereby causing public hygiene issues.

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

a) Dumping waste, dirt, or other substances that stain houses, offices, workplaces, production, or business premises of others;

b) Burying deceased persons due to infectious diseases, exhuming graves, moving corpses, or bones in violation of regulations, without ensuring hygiene.

5. In addition to the fine, individuals or organizations violating these provisions shall also be subject to the following measures:

a) Violations under points b, c, d, đ, e, g of Clause 1; point a of Clause 2; and point b of Clause 4 of this Article shall be required to remediate environmental pollution caused by administrative violations;

b) Violations under point b of Clause 2; and point a of Clause 4 of this Article shall be required to restore the original condition caused by administrative violations;

c) Violations under Clause 3 of this Article shall be required to dismantle sanitation facilities.

Article 10. Acts violating civilized living habits

1. Warning or a fine of VND 60,000 to VND 100,000 for any of the following acts:

a) Not wearing pants or shirts or wearing undergarments at meetings, cultural sites, religious sites, workplaces of state agencies, political organizations, economic organizations, social organizations;

b) Entering places that require tickets without having a ticket;

c) Speaking or behaving rudely, indecently, or uncultured in public places;

d) Defacing, painting, writing, posting advertisements, pictures onto signs, billboards, posters, trees, utility poles, walls, fences, headquarters of agencies, organizations, schools, hospitals, residential areas, or other places without permission.

2. A fine from 500,000 VND to 2,000,000 VND shall be imposed for exploiting others' superstitions for improper gain or harming others' health, reputation, or dignity.

3. A fine from 5,000,000 VND to 10,000,000 VND shall be imposed for organizing festivals, cultural, artistic, sports activities without obtaining the required permits from competent state authorities.

4. In addition to the fine, individuals or organizations violating these provisions shall also be subject to supplementary penalties and the following measures:

a) Violations under point d of Clause 1 of this Article shall be required to restore the original condition caused by administrative violations and have contraband and equipment confiscated;

b) Violations under Clause 2 of this Article shall have contraband and equipment confiscated.

Article 11. Acts violating regulations on registration and management of household registration

1. A warning or a fine from 60,000 VND to 100,000 VND shall be imposed for any of the following acts:

a) Not complying with regulations on adjusting, supplementing, or other changes to household registration and population;

b) Not complying with regulations on temporary residence and absence registration;

c) Failing to present the family household book, collective population certificate, or temporary residence certificate when requested by the competent authority to check.

2. A fine of VND 200,000 to VND 500,000 for any of the following acts:

a) Erasing, deleting, altering, or distorting the content or form of household registration documents;

b) Renting, borrowing, or lending household registration documents to commit acts contrary to the law;

c) Using household registration documents to commit acts contrary to the law;

d) Failing to register temporary residence for guests staying at accommodation facilities as required by regulations.

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

a) Making false declarations or fabricating files and documents to obtain household registration and issuance of household registration documents;

b) Forging or using forged household registration documents.

4. In addition to the fine, individuals or organizations violating these provisions shall also be subject to supplementary penalties and the following measures:

a) Violating point a Clause 2, point b Clause 3 of this Article shall result in confiscation of evidence and means;

b) Violating point a Clause 3 of this Article if household registration has been registered, the registration results shall be annulled.

Article 12. Acts violating regulations on issuance and management, use of identity cards and other travel documents

1. Warning or a fine of VND 60,000 to VND 100,000 for any of the following acts:

a) Not carrying or failing to produce an identity card upon request for inspection;

b) Not complying with regulations on issuing new, reissuing, or exchanging identity cards;

c) Not complying with regulations on revoking or temporarily holding identity cards;

d) Not making identity cards according to regulations;

đ) Using an expired identity card.

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

a) Entering areas requiring permits without having one or having one that is no longer valid;

b) Using another person's identity card.

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

a) Erasing, deleting, or altering an identity card or other travel permit;

b) Renting, borrowing, or allowing others to rent or borrow an identity card or other travel permit;

c) Leaving behind an identity card after being inspected or temporarily held;

d) Arbitrarily replacing one's own photograph or another person's photograph on an identity card.

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

a) Making false declarations or fabricating files to obtain an identity card or other travel permit;

b) Forging an identity card or other travel permit;

c) Using an identity card or other travel permit not issued by an authorized agency.

5. In addition to fines, individuals and organizations committing violations shall also be subject to supplementary penalties and measures as follows:

a) Violating point đ Clause 1; point b Clause 2; point a, d Clause 3; point a, b, c Clause 4 of this Article shall result in confiscation of evidence and means;

b) Violating point a Clause 4 of this Article shall result in annulment of fabricated files.

Article 13. Acts violating regulations on management and use of firearms, explosives, auxiliary tools, fireworks, and dangerous toys prohibited

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

a) Not implementing or implementing inadequately and promptly the periodic inspection regulations for various types of firearms and auxiliary tools;

b) Violating storage regulations for various types of firearms, explosives, and auxiliary tools;

c) Using prohibited dangerous toys;

d) Setting off fireworks illegally;

đ) Circulating usage permits for various types of firearms, explosives, and auxiliary tools that have lost their validity.

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

a) Using firearms and auxiliary tools without a permit;

b) Transferring firearms and auxiliary tools to persons who do not meet the conditions and standards for use;

c) Failing to surrender firearms and auxiliary tools as required;

d) Failing to declare and register fully various types of firearms, explosives, and auxiliary tools with the competent authority.

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

a) Borrowing or lending firearms, auxiliary tools, or usage permits for firearms and auxiliary tools;

b) Repairing, erasing, or altering usage permits, transportation permits, purchase permits, and carrying permits for various types of firearms and auxiliary tools;

c) Losing usage permits, transportation permits, purchase permits, and carrying permits for various types of firearms and auxiliary tools;

d) Using firearms and auxiliary tools contrary to regulations;

đ) Using firearms and auxiliary tools to hunt wild animals;

e) Using firearms, bows, crossbows, or other means to hunt in cities, towns, or densely populated areas.

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

a) Buying, selling, or transporting simple weapons and auxiliary tools in small quantities without a permit or with a permit that has lost its validity;

b) Buying, selling scrap materials containing simple weapons and auxiliary tools in small quantities;

c) Violating safety regulations for transporting firearms and auxiliary tools;

d) Cutting or dismantling bombs, mines, bullets, grenades, underwater mines, and other weapons to extract explosives illegally;

đ) Producing, storing, trading, or transporting fireworks, firework ingredients, and dangerous toys;

e) Losing firearms and auxiliary tools;

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

a) Producing or repairing prohibited simple weapons, auxiliary tools, and dangerous toys without a permit;

b) Buying, selling, or transporting simple weapons and auxiliary tools in large quantities without a permit or with a permit that has lost its validity;

c) Illegally buying or selling sports weapons;

d) Transporting military weapons, explosive accessories, and auxiliary tools without a permit or with a permit that does not comply with the regulations stipulated in the permit, or the permit has lost its validity or lacks other required documents as prescribed by law;

đ) Buying or selling hunting rifles and ammunition without a permit issued by the competent public security authority.

6. A fine from 20,000,000 VND to 30,000,000 VND shall be imposed for any of the following acts:

a) Illegally producing, manufacturing, or repairing military weapons and sports weapons.

b) Illegally bringing into or out of the territory of Vietnam firearms for military use, sports firearms, hunting guns, auxiliary tools, types of fireworks, dangerous toys.

7. Acts violating administrative regulations in the field of industrial explosives shall be handled according to Decree No. 64/2005/NĐ-CP dated May 16, 2005 of the Government.

8. In addition to being fined, individuals and organizations that violate the regulations shall also have the following supplementary penalties applied:

a) Violating points c, d, đ Clause 1; points a, b, c Clause 2; points b, d, đ, e Clause 3; points a, b, đ, Clause 4; Clause 5; Clause 6 of this Article shall result in confiscation of evidence and means of transportation.

b) Violating point b Clause 2 of this Article shall result in revocation of the right to use licenses for three months; violating points a, b, đ Clause 3; points a, c Clause 4 of this Article shall result in indefinite revocation of the right to use licenses.

Article 14. Acts violating management regulations on certain industries and trades subject to conditions concerning national security and public order.

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

a) Individual business households renting accommodation, silk screen printing, photocopying activities without committing to implementing conditions related to national security and public order with the police agency.

b) Using personnel who do not meet the required qualifications and standards in businesses subject to conditions concerning national security and public order, or failing to fully comply with other regulations regarding conditions for national security and public order when operating such industries and trades.

c) Losing the certificate confirming compliance with conditions related to national security and public order or the commitment to implement conditions related to national security and public order.

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

a) Operating outside the scope and location specified in the certificate confirming compliance with conditions related to national security and public order or the commitment to implement conditions related to national security and public order.

b) Accepting collateral for assets which, according to regulations, must have ownership documents or registration but do not have such documents.

c) Collateralizing or mortgaging assets without a contract as prescribed.

d) Lending, borrowing, or transferring the certificate confirming compliance with conditions related to national security and public order or the commitment to implement conditions related to national security and public order.

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

a) Engaging in business subject to conditions concerning national security and public order without a certificate confirming compliance with conditions related to national security and public order.

b) Not having a commitment to implement conditions related to national security and public order with the police agency for buildings of ten floors or less used as hotels, residences, guesthouses, offices, pawnshops, karaoke bars, dance halls; steam baths, massage parlors (massage), printing establishments.

c) Not committing to implementing conditions related to national security and public order, not complying with requirements for conditions ensuring national security and public order, or not reporting temporary residence when renting accommodation or employing foreign nationals.

d) Using a business subject to conditions concerning national security and public order to organize prostitution, drug trafficking, gambling, or other illegal activities.

đ) Creating conditions for others to exploit a business subject to conditions concerning national security and public order to organize prostitution, drug trafficking, gambling, or other illegal activities.

e) Accepting collateral for assets obtained through theft, fraud, appropriation, or other illegal acts.

4. In addition to being fined, individuals and organizations that violate the regulations shall also have the following supplementary penalties applied:

a) Violating points a, d Clause 2; points d, đ Clause 3 of this Article shall result in revocation of the right to use licenses and certificates of practice for a period of three to six months.

b) Violating point e Clause 3 of this Article shall result in confiscation of evidence and means of transportation and revocation of the right to use licenses and certificates of practice for a period of six to nine months.

Article 15. Acts violating regulations on management and use of seals

1. A fine of VND 200,000 to VND 500,000 shall be imposed for the act of losing the certificate of registered seal model.

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

a) Engraving seals without a permit or other required documents;

b) Using seals that have not been registered for imprinting or do not have a certificate of registered seal model;

c) Taking seals out of the organization without permission from the competent authority;

d) Losing the currently used seal;

đ) Not re-engraving the seal when there is a decision from the competent authority to change the name of the organization or its headquarters according to regulations;

e) Not re-engraving the seal according to the prescribed model;

g) Not returning the seal when the organization splits, merges, dissolves, goes bankrupt, or ceases operations;

h) Not notifying the relevant authorities about the seal model before using it.

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

a) Not returning the seal or not returning the seal within the specified time frame when there is a decision to recall it from the competent authority;

b) Stamping documents or papers without content;

c) Stamping documents or papers without the signature of the competent authority or with the signature of an unauthorized person;

d) Not having a certificate of registered seal model.

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

a) Bringing seals from abroad into Vietnam for use without a permit to bring seals into the Socialist Republic of Vietnam or without a certificate of registered seal model;

b) Illegally using seals brought from abroad into Vietnam;

c) Engraving counterfeit seals or using counterfeit seals.

5. In addition to fines, individuals and organizations violating these provisions shall also be subject to the following supplementary penalties:

a) Violating points b, đ, e, g Clause 2; points a, b, c Clause 3; point c Clause 4 of this Article shall result in confiscation of evidence and means;

b) Violating point a Clause 2 of this Article shall result in confiscation of evidence and means of violation and revocation of the right to use the business license or professional certificate for a period of three to six months.

Article 16. Acts violating regulations on management of security service business activities

1. A fine of VND 100,000 to VND 200,000 shall be imposed for the act of not wearing identification badges as prescribed when performing security duties.

2. A fine of VND 200,000 to VND 500,000 for any of the following acts:

a) Not reporting the location of the headquarters or operating area, start date of operation of the enterprise, branch, representative office; not regularly reporting on security activities related to public order and safety;

b) Losing the certificate of conditions for conducting security services in terms of public order and safety;

c) Using security personnel who do not meet the prescribed conditions and standards.

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

a) Operating outside the scope, field, area, and headquarters recorded in the certificate of conditions for conducting security services in terms of public order and safety;

b) Not reporting the deployment of security personnel outside the province or centrally-administered city where the enterprise's headquarters is registered;

c) Not reporting changes in the head of the enterprise, branch, or representative office to the police agency as prescribed;

d) Not issuing security personnel certificates or identification badges to security personnel as prescribed.

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

a) Conducting security services without a certificate of conditions for conducting security services in terms of public order and safety;

b) Violating regulations on equipping and using uniforms, insignia, caps, badges, symbols similar to those of armed forces.

5. In addition to fines, individuals and organizations committing violations shall also be subject to supplementary penalties and measures as follows:

a) Violating point c Clause 2 of this Article shall result in revocation of the right to use the business license for a period of one to three months; violating point a Clause 3; point a Clause 4 of this Article shall result in revocation of the right to use the business license for a period of three to six months;

b) Violating point b Clause 4 of this Article shall result in confiscation of evidence and means.

Article 17. Acts violating criminal procedure regulations and other administrative handling measures

1. A fine of from VND 100,000 to VND 200,000 for acts violating regulations on education at commune, ward, town level; administrative control; placement in educational institutions; placement in educational facilities; placement in medical facilities.

2. A fine of from VND 500,000 to VND 1,000,000 for any of the following acts:

a) Violating regulations on applying preventive measures such as arrest, temporary detention, pre-trial detention, bail, prohibition from leaving residence, depositing money or valuable assets as security, or other acts violating preventive measures as prescribed by law;

b) Violating obligations of participants in criminal proceedings such as failure to provide documents or evidence upon lawful request of authorities and those conducting criminal proceedings, failure to fulfill obligations of witnesses, interpreters, defense counsel, persons with rights and interests related to the case, violation of regulations on preserving evidence, sealing, or seizing property, or other acts violating the law;

c) Violating rules and regimes for implementing criminal judgments such as suspended sentences, administrative control, prohibition from residing, compulsory residence, non-custodial reform, execution of prison sentences, intentionally failing to comply or obstructing the execution of court decisions on civil, administrative, labor, marriage and family matters, or other acts violating the law.

Article 18. Acts causing damage to others' property

1. A fine of from VND 100,000 to VND 200,000 for any of the following acts:

a) Petty theft;

b) Openly appropriating others' property;

c) Using deceitful means or fleeing to appropriate others' property;

d) Illegally using others' property;

e) Purchasing, selling, storing, or using others' property knowing that it was obtained through illegal means;

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

a) Destroying or intentionally damaging others' property;

b) Causing loss, damage, or destruction of state property directly managed;

c) Troubling or harassing others when carrying, transporting, or keeping luggage at railway stations, bus stations, airports, ports, and other public places;

d) Using means or creating circumstances to force others to give money or property;

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

a) Creating and intentionally spreading or disseminating computer viruses through networks or other methods causing disruption, blocking, or altering, destroying data on others' computers;

b) Violating regulations on operating, exploiting, and using networks causing disruption, blocking, or altering, destroying data on others' computers;

c) Illegally using information on networks or computers or entering networks or computers with information contrary to the law;

d) Illegally holding others' property.

4. A fine of from VND 2,000,000 to VND 5,000,000 for fraudulent or deceptive acts in brokerage, guidance, or introduction services for buying, selling real estate or other assets.

5. In addition to fines, individuals or organizations violating this provision shall also be subject to supplementary penalties as follows: for violations under Clause 1; Point d Clause 2; Points a, c, d Clause 3 of this Article, they shall have their contraband, tools confiscated.

Article 19. Acts causing damage to public works and security and order facilities

1. A fine of VND 200,000 to VND 500,000 shall be imposed for any of the acts of moving, dismantling, destroying, or performing any other act that causes damage to signs, directional boards, or organizational signs without authorization.

2. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for any of the acts of moving, dismantling telephone poles, telegraph poles, street lamps, or fences of state agencies or other public works without authorization.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for violating regulations on protecting security and order facilities.

4. In addition to the fine, individuals and organizations committing violations under Clause 1, Clause 2, and Clause 3 of this Article shall have their contraband confiscated and be ordered to restore the original condition altered due to administrative violations.

Article 20. Acts violating regulations on managing and protecting border areas, boundary markers, and national border signs

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

a) Damaging or performing any harmful action against boundary markers or signs along the border;

b) Violating regulations on grazing animals across the border;

c) Burning fields within the border zone, damaging border area signs, border zone signs, and restricted areas.

2. A fine of VND 2,000,000 to VND 10,000,000 shall be imposed for acts of encroaching on or changing the national border.

3. In addition to the fine, individuals and organizations committing violations under Point a and Point c of Clause 1, and Clause 2 of this Article shall be ordered to restore the original condition altered due to administrative violations.

Article 21. Acts violating regulations on managing border areas and checkpoints

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

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

b) Failing to declare or concealing, assisting others to travel, reside, or engage in business activities illegally within the border area or checkpoint;

c) Violating regulations on managing and protecting the border zone.

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 with or obstructing inspections and controls by border protection and checkpoint control forces;

b) Using vehicles to pick up or drop off people or transport goods within the checkpoint area at unauthorized locations or failing to follow the instructions of responsible personnel;

c) People or vehicles entering the border area or checkpoint without the required documents;

d) Operating vehicles within the border area or checkpoint beyond the permitted range;

đ) Persons permitted to cross the border but exceeding the prescribed range;

e) Leading, assisting, or creating conditions for foreigners to travel beyond the permitted range.

3. In addition to the fine, individuals and organizations committing violations under Point a of Clause 1, and Points c and d of Clause 2 of this Article shall have their contraband and means of transportation confiscated.

Article 22. Acts violating regulations on departure, entry, transit, residence, and travel

1. A warning or a fine of VND 100,000 to VND 200,000 shall be imposed for foreign nationals traveling in Vietnam without carrying a passport or substitute travel document, or failing to present such documents when requested by authorized personnel.

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

a) Losing or damaging a passport or substitute travel document, visa, temporary residence card, or permanent residence card without immediately reporting it to the competent authority;

b) Altering, erasing, or tampering with the form or content of a passport or substitute travel document, visa, or residence card;

c) Providing false information to obtain a passport, substitute travel document, visa, temporary residence card, or permanent residence card; using a passport or substitute travel document that has lost its validity for entry or exit;

d) Foreign nationals entering restricted areas or areas requiring permits without such permits, or traveling beyond the permitted range or duration;

đ) Entering or exiting without presenting required documents when requested by Vietnamese authorities; failing to comply with other inspection requirements for persons and luggage as stipulated by law;

e) Foreign nationals failing to declare temporary residence as required, or using a temporary residence certificate, temporary residence card, or permanent residence card beyond the permitted period without authorization;

g) Accommodation facilities hosting foreign nationals overnight without submitting temporary residence declarations, failing to guide foreign nationals to declare temporary residence as required, or failing to comply with other regulations of the competent authority.

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

a) Entering, exiting, or transiting without a passport, visa, or substitute travel document as required;

b) Evading or organizing, assisting others to evade entry or exit means to enter Vietnam or leave the country;

c) Allowing others to use a passport or substitute travel document, or using another person's passport or substitute travel document for entry or exit.

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

a) The owner or driver of vehicles transporting passengers entering or exiting Vietnam illegally;

b) Foreign nationals residing in Vietnam without permission from the competent authority.

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

a) Assisting, harboring, concealing, or facilitating others to travel abroad, stay abroad, enter Vietnam, stay in Vietnam, or cross the national border illegally;

b) Foreign nationals entering Vietnam to engage in business or other activities without permission from the competent Vietnamese authority as stipulated by law.

c) An individual or organization in Vietnam guarantees or processes for foreigners to enter Vietnam, apply for visas, temporary residence cards, or extend temporary residence but fails to fulfill their responsibilities as prescribed by law or provides false information when guaranteeing, inviting, or processing for foreigners to enter, apply for visas, temporary residence cards, or extend temporary residence;

d) Staying abroad without permission from the competent authority;

6. A fine from 20,000,000 VND to 30,000,000 VND shall be imposed for any of the following acts:

a) Falsifying documents to obtain a passport or other documents substituting for a passport, visa, temporary residence card, or permanent residence card;

b) Counterfeiting passports or other documents substituting for passports, visas, temporary residence cards, or permanent residence cards, or inspection stamps;

c) Using counterfeit passports, substitute documents for counterfeit passports, counterfeit visas, counterfeit temporary residence cards, counterfeit permanent residence cards, or counterfeit inspection stamps to exit, enter, or transit;

d) Escaping into an embassy, consulate, or premises of international organizations located in Vietnam;

đ) Organizing, leading, or brokering for others to exit or enter Vietnam illegally;

7. In addition to fines, individuals or organizations violating this provision may also be subject to supplementary penalties and measures: for violations under Clause 1, 2, 3, 4, 5, and Clause 6 of this Article, they may have their passports or substitute documents for passports confiscated and contraband items and means of transportation seized;

Article 23. Acts Violating Regulations on Prevention, Control, and Supervision of Narcotics

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

a) Smoking, injecting, inhaling, or using narcotics in any other manner;

b) Inciting others to use narcotics;

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

a) The owner or person responsible for managing restaurants, hotels, guesthouses, inns, clubs, transportation vehicles, and other places who, due to negligence or lack of responsibility, allow others to use narcotics within their managed areas or vehicles;

b) Cultivating opium poppy plants, cannabis plants, coca plants, or other plants containing narcotics;

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

a) Producing, purchasing, or selling syringes, needles, pipes, or other equipment for using narcotics;

b) Providing locations or means for others to smoke, inject, or use narcotics;

c) Brokering, assisting, facilitating, or otherwise helping others to inject, smoke, or use narcotics;

d) Prescribing, dispensing, or buying and selling narcotic-containing drugs or psychotropic substances not in accordance with regulations;

đ) Being permitted to store or use narcotic-containing drugs, psychotropic substances, or other narcotics and transferring them to others who are not permitted to store or use them;

4. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following violations:

a) Violating regulations on exporting, importing, or transiting narcotics, addictive drugs, psychotropic substances, and precursor chemicals;

b) Violating regulations on researching, testing, producing, or storing narcotics, addictive drugs, psychotropic substances, or precursor chemicals;

c) Violating regulations on receiving, storing, transporting narcotics, addictive drugs, psychotropic substances, or precursor chemicals;

d) Violating regulations on distributing, selling, using, or exchanging narcotics, addictive drugs, psychotropic substances, or precursor chemicals;

5. In addition to fines, individuals or organizations violating this provision may also be subject to the following supplementary penalties:

a) For violations under Clause 1, 2, 3, and 4 of this Article, contraband items and means of transportation shall be confiscated;

b) For violations under point a Clause 2, point d Clause 3, and Clause 4 of this Article, the right to use licenses or professional certificates shall be revoked for a period of three to six months.

Article 24. Acts of Prostitution

1. A fine of VND 100,000 to VND 200,000 shall be imposed for acts of sexual abuse.

2. A fine of VND 500,000 to VND 1,500,000 shall be imposed for providing premises for prostitution activities.

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

a) Leading prostitution activities;

b) Concealing or protecting acts of purchasing or selling sex.

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

a) Reoffending in purchasing or selling sex or concealing or protecting acts of purchasing or selling sex;

b) Using coercive means to extort money or property from purchasers or sellers of sex.

5. Other violations related to preventing and combating prostitution shall be handled according to the provisions of Decree No. 178/2004/NĐ-CP dated October 15, 2004, guiding the implementation of certain articles of the Ordinance on Preventing and Combating Prostitution.

6. In addition to fines, individuals and organizations that violate paragraphs 1, 2, 3, and 4 of this Article shall have all proceeds from administrative violations confiscated.

Article 25. Acts of Gambling

1. A fine of VND 200,000 to VND 500,000 shall be imposed for purchasing lottery numbers.

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

a) Gambling through methods such as dice rolling, tá lả, tổ tôm, tú lơ khơ, tam cúc, three-card poker, four-color cards, red and black, chess games, or other forms where winnings are paid in cash or goods;

b) Gambling using illegal machines or electronic games;

c) Betting on sports matches, entertainment activities, or other events;

d) Selling lottery tickets or lottery numbers.

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

a) Depositing money, pawnbroking, or lending at casinos or other gambling venues;

b) Illegally guarding casinos or other gambling venues or concealing gambling activities;

c) Writing lottery numbers.

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

a) Inciting others to gamble;

b) Using one's own house or another location to store gambling equipment;

c) Installing illegal gambling machines or electronic games;

d) Organizing betting activities.

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

a) Managing lottery operations;

b) Organizing the production and distribution of lottery boards or other publications for lottery operations;

c) Organizing networks for selling lottery numbers;

d) Organizing various types of betting in sports matches, entertainment activities, or other events for gambling purposes.

6. In addition to fines, individuals and organizations that violate paragraph 1; paragraph 2; point a and c of paragraph 3; points b, c, and d of paragraph 4; and paragraph 5 of this Article shall have proceeds from administrative violations and contraband items confiscated.

Article 26. Violations Related to the Sale and Consumption of Alcohol and Beer

1. A warning or a fine of VND 60,000 to VND 100,000 shall be imposed for being drunk with alcohol or beer at workplaces, hotels, restaurants, eateries, on transportation vehicles, and in public places.

2. A fine of VND 200,000 to VND 500,000 for any of the following acts:

a) Inciting, forcing, or creating conditions for children under 16 years old to drink alcohol or beer;

b) Hotel, restaurant, or eatery owners selling alcoholic beverages or other stimulants with an alcohol content of 14 degrees or higher to minors; selling alcohol or beer to children under 16 years old;

c) Selling alcohol, beer, or other stimulants with an alcohol content of 14 degrees or higher at primary schools;

d) Drinking alcohol or beer at primary schools.

3. In addition to fines, individuals and organizations that violate points b, c, and d of paragraph 2 of this Article shall have contraband items and tools confiscated.

Article 27. Acts Violating State Secrets Protection Regulations

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

a) Not affixing the classification mark on documents within the scope of state secrets as prescribed, or affixing the classification mark on documents not within the scope of state secrets;

b) Drafting, printing, copying classified, top secret, and absolutely secret documents not in accordance with regulations;

c) Disseminating, researching information within the scope of state secrets not in accordance with regulations;

d) Not complying with regulations on transporting, receiving, delivering state secret items;

đ) Not complying with regulations on statistics, storage, preservation of documents and items listed in the state secret directory;

e) Not registering inventions, patents, useful solutions containing contents within the scope of state secrets with competent state management agencies;

g) Not numbering, assigning code names, pseudonyms, or secret symbols, and not organizing full implementation of management and protection regimes as prescribed for directories determined to be within the scope of state secrets;

h) Not implementing regulations on publication, dissemination, circulation, study, and use of state secret directories;

i) Liquidating, destroying classified documents not in accordance with regulations;

k) Entering restricted areas, places storing, keeping, or conducting activities with contents within the scope of state secrets without permission;

l) Filming, photographing, drawing diagrams in restricted areas.

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

a) Providing information within the scope of state secrets to agencies, organizations, citizens inside and outside the country not in accordance with regulations;

b) Taking documents, items within the scope of state secrets out of the country without permission from competent authorities;

c) Not compiling the state secret directory in accordance with regulations.

3. In addition to being fined, individuals and organizations violating these provisions shall also have supplementary sanctions and measures applied as follows:

a) For violations under point l clause 1; point b clause 2 of this Article, the contraband goods and means of violation shall be confiscated;

b) For violations under point i clause 1 of this Article, the violator must destroy classified documents in accordance with regulations;

c) For violations under points a, d, đ, e, g, h clause 1; point c clause 2 of this Article, the violator must restore the initial condition caused by administrative violations.

Article 28. Acts of Bribery to Public Servants

1. A fine of from VND 500,000 to VND 2,000,000 shall be imposed for the act of giving money, property, or other material benefits to public servants to avoid administrative violation handling but not reaching the level of criminal prosecution.

2. In addition to being fined, individuals and organizations violating these provisions shall also have all the money, property, or material used for bribery to public servants confiscated.

Article 29. Deportation Sanction

Foreigners committing administrative violations as stipulated in point o clause 3 Article 7 and Articles 14, 15, 18, 19, 20, 21, 22, 23, 24, 25 of this Decree may be deported from the Socialist Republic of Vietnam.

Chapter III

AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND VIOLATION RECORDS

Article 30. Administrative Violation Handling Authority of the People's Public Security

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

a) To issue warnings;

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

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

a) To issue warnings;

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

3. The Head of the Public Security Police Station has the authority:

a) To issue warnings;

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

c) Confiscating contraband goods and means of violation valued up to VND 500,000;

d) Compelling restoration of the initial condition caused by administrative violations;

đ) Compelling implementation of measures to mitigate environmental pollution and disease spread caused by administrative violations;

e) Compelling destruction of harmful products affecting human health, livestock, crops, and harmful cultural products.

4. The Head of the County Public Security Office has the authority:

a) To issue warnings;

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

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

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

đ) Compelling restoration of the initial condition changed due to administrative violations or compelling removal of illegal construction works;

e) Compelling implementation of measures to mitigate environmental pollution and disease spread caused by administrative violations;

g) Compelling destruction of harmful products affecting human health, livestock, crops, and harmful cultural products.

5. The Heads of the Administrative Management Police Department, Traffic Police Department, Fire Prevention and Control Police Department, Economic Crime Investigation Police Department, Social Order Crime Investigation Police Department, Narcotics Crime Investigation Police Department, Exit and Entry Management Department, and independent units of Mobile Police Company at battalion level or above, Mobile Police Regiment Commander, Border Gate Station Chief, Industrial Zone Station Chief have the authority:

a) To issue warnings;

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

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

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

đ) Applying remedial measures as provided for in points đ, e, g clause 4 of this Article.

6. The provincial public security director have the right to:

a) To issue warnings;

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

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

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

đ) Applying remedial measures as provided for in point đ, e, g clause 4 of this Article.

7. The Heads of the Administrative Management Police Bureau, Traffic Police Bureau, Fire Prevention and Control Police Bureau, Economic Crime Investigation Police Bureau, Social Order Crime Investigation Police Bureau, Narcotics Crime Investigation Police Bureau, Exit and Entry Management Bureau have the authority:

a) To issue warnings;

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

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

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

đ) Applying remedial measures as provided for in point đ, e, g clause 4 of this Article.

8. The Minister of Public Security decides on the application of deportation sanctions.

Article 31. Competence to impose administrative penalties of Chairpersons of People's Committees at all levels

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

a) To issue warnings;

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

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

d) To compel restoration to the original state that was changed due to administrative violations;

đ) Compelling implementation of measures to mitigate environmental pollution and disease spread caused by administrative violations;

e) Compelling destruction of harmful products affecting human health, livestock, crops, and harmful cultural products.

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

a) To issue warnings;

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

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

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

đ) Compelling restoration of the initial condition changed due to administrative violations or compelling removal of illegal construction works;

e) Compelling implementation of measures to mitigate environmental pollution and disease spread caused by administrative violations;

g) To compel destruction of items harmful to human health, animals, and plants, and harmful cultural products;

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

a) To issue warnings;

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

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

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

đ) Compelling restoration of the initial condition changed due to administrative violations or compelling removal of illegal construction works;

e) Compelling implementation of measures to mitigate environmental pollution and disease spread caused by administrative violations;

g) To compel removal from the territory of Vietnam or re-exportation of goods, items, and means;

h) To compel destruction of items harmful to human health, animals, and plants, and harmful cultural products;

Article 32. Competence to impose administrative penalties of other agencies

In addition to those persons authorized to impose administrative penalties as stipulated in Articles 30 and 31 of this Decree, those persons specified in Articles 32, 33, 34, 35, 36, 37, 38, 39, and 40 of the Ordinance on Handling Administrative Violations, while performing their functions and duties and discovering administrative violations as prescribed in this Decree, have the authority to impose penalties according to the provisions of the law;

Article 33. Delegation of authority to impose administrative penalties in the field of security and public order

Persons authorized to impose administrative penalties as stipulated in Clauses 2, 3, 4, 5, 6, and Clause 7 of Article 30; Article 31 of this Decree may delegate such authority to their deputies, who must bear responsibility under the law for their decisions;

Article 34. Principles for determining competence to impose administrative penalties

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

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

a) If the form and level of penalty prescribed for each violation are within the authority of the penalizing authority, then the authority remains with that person;

b) If the form and level of penalty prescribed for one of the violations exceed the authority of the penalizing authority, then that person must transfer the violation to the competent authority with jurisdiction to impose penalties;

3. In cases where the authority to impose penalties belongs to the People's Public Security Force and they are handling individuals or organizations for violations related to security and public order as prescribed in this Decree, and discover that these individuals or organizations also commit administrative violations as prescribed in other Government Decrees, they have the authority to impose administrative penalties for those violations;

Chapter IV

PROCEDURES FOR IMPOSING ADMINISTRATIVE PENALTIES

Article 35. Procedures and formalities for imposing administrative penalties

1. Upon discovering administrative violations in the field of security and public order, the authority to impose penalties must immediately issue an order to stop the violation;

2. The procedures and formalities for imposing administrative penalties are carried out as follows:

a) For administrative violations where the form of penalty is a warning or a fine up to VND 100,000, the authority to impose penalties issues a decision to impose penalties on the spot according to the simplified procedure prescribed in Article 54 of the Ordinance on Handling Administrative Violations;

b) For administrative violations where the form of penalty is a fine over VND 100,000, the authority to impose penalties must prepare an administrative violation record according to Article 55 of the Ordinance on Handling Administrative Violations and issue a decision to impose penalties according to Article 56 of the Ordinance on Handling Administrative Violations; if the violation exceeds the authority to impose penalties of the person preparing the record, that person must send the record to the authority with jurisdiction to impose penalties to issue a decision to impose penalties in accordance with the regulations;

3. When imposing a fine, the specific amount of the fine for one administrative violation is the midpoint of the fine range for that violation; if there are mitigating circumstances, the fine amount may be reduced but not below the minimum limit of the fine range; if there are aggravating circumstances, the fine amount may be increased but not above the maximum limit of the fine range;

4. Individuals who are minors aged from 16 to under 18 years old, if they are administratively penalized with a fine, the amount of the fine shall not exceed half the fine amount for adults; in cases where they do not have the money to pay the fine, their parents or guardians must pay on their behalf.

Article 36. Application of measures to prevent administrative violations and ensure the enforcement of administrative penalties in the field of security and public order.

In cases where it is necessary to promptly prevent administrative violations or to ensure the enforcement of administrative penalties in the field of security and public order, the following measures shall be applied: temporary detention of persons; temporary detention of objects and means of administrative violations; search of persons; search of transport vehicles and objects; search of places concealing objects and means of administrative violations, in accordance with the provisions of the Administrative Violation Handling Ordinance and Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government.

Article 37. Collection and payment of fines for administrative violations.

Individuals and organizations penalized with fines for administrative violations in the field of security and public order must pay the fine within the prescribed time limit and at the State Treasury specified in the penalty decision, except in cases where the fine has been paid on the spot as provided for in Article 54 of the Administrative Violation Handling Ordinance and a receipt for the fine collection has been received. The collection of fines must use receipts issued by the Ministry of Finance in accordance with the regulations.

In remote 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 fine to the authorized authority. The authorized authority responsible for collecting the fine on the spot and depositing it into the State Treasury in accordance with Clause 3 of Article 58 of the Administrative Violation Handling Ordinance. The person fined has the right not to pay the fine if there is no receipt for the fine collection.

Article 38. Enforcement of decisions on administrative penalties.

1. Individuals and organizations penalized for administrative violations in the field of security and public order must comply with the penalty decision within ten days from the date they receive the decision. If the individual or organization does not voluntarily comply with the penalty decision beyond this period, they will be subject to compulsory enforcement in accordance with the law.

2. Individuals penalized with a fine of VND 500,000 or more may have their payment of the fine postponed according to the provisions of Article 65 of the Administrative Violation Handling Ordinance.

3. When deemed necessary, the authorized authority or agency conducting the penalty against individuals and organizations committing administrative violations in the field of security and public order may publicly announce information about the administrative violation and the penalty decision to relevant agencies, organizations, or local authorities where the violators work or reside.

Article 39. Revocation of licenses and certificates.

The revocation of the right to use licenses and certificates can only be implemented for violations stipulated in this Decree, other Decrees of the Government regarding administrative penalties related to security and public order, and must be carried out in accordance with the provisions of the Administrative Violation Handling Ordinance and Article 11 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government.

Article 40. Handling of objects and means of administrative violations.

1. The procedure for confiscating objects and means of administrative violations in the field of security and public order shall be carried out in accordance with Article 60 of the Administrative Violation Handling Ordinance.

2. For objects and means of administrative violations that must be confiscated according to the regulations; harmful cultural products, counterfeit goods without value for use, items harmful to human health, animals, plants, or easily perishable goods, the authorized authority confiscating them shall handle them in accordance with Clauses 1, 2, and 3 of Article 61 of the Administrative Violation Handling Ordinance and Article 32 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government.

3. For objects and means of administrative violations whose owners, managers, or lawful users are unknown or who do not come to claim them, the authorized authority confiscating them must publish announcements in local or central mass media at least twice consecutively and must post notices publicly at the office of the authorized authority confiscating them for thirty days. After thirty days from the date of publication and public posting, if the owner, manager, or lawful user cannot be identified or does not come to claim them, the authorized authority must issue a decision to confiscate the objects and means of administrative violations for handling in accordance with Clause 1 of Article 61 of the Administrative Violation Handling Ordinance.

4. For objects and means belonging to individuals or organizations that have been seized or used illegally, depending on the nature and severity of the administrative violation, they may be considered for return to the owner, manager, or lawful user.

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

Article 41. Transfer of case files of administrative violations with signs of criminal offenses for prosecution under criminal responsibility

In cases where an administrative violation is examined to decide on punishment, if it is found that the violation has signs of a criminal offense, or if after issuing a decision on punishment, it is discovered that the violation has signs of a criminal offense without exceeding the statute of limitations for criminal prosecution, then the case file must be transferred to the competent criminal proceedings agency in accordance with the provisions of Article 62 of the Ordinance on Handling Administrative Violations.

Chapter V

PETITIONING, REPORTING VIOLATIONS, AND REWARDING HANDLING OF VIOLATIONS

Article 42. Petitioning and Reporting

1. Individuals or organizations subject to administrative punishment or their legitimate representatives have the right to petition against decisions on administrative punishment, decisions on applying preventive measures, and ensuring the handling of administrative violations. A petition against an administrative punishment decision does not suspend the execution of such a decision in the field of security and public order.

2. Vietnamese citizens have the right to report to state agencies with jurisdiction individuals or organizations committing administrative violations stipulated in this Decree and to report those authorized to impose administrative punishments for abusing power, violating the provisions of this Decree.

3. The authority, time limit, procedures for petitioning and reporting, and the resolution of petitions and reports by citizens shall be carried out in accordance with the laws on petitioning and reporting.

4. Initiating litigation against decisions on administrative punishment, decisions on applying preventive measures, and ensuring the handling of administrative violations in the field of security and public order shall be conducted in accordance with the laws on procedures for resolving administrative cases.

Article 43. Rewards

Individuals or organizations with achievements in providing information, detecting, preventing, and handling administrative violations in the field of security and public order shall be promptly rewarded in accordance with the law.

Article 44. Handling of Violations

1. If an authorized person imposing administrative punishment in the field of security and public order abuses power, harasses, tolerates, covers up, fails to impose punishment, imposes punishment untimely, improperly, or exceeds authority, they will be disciplined or prosecuted criminally depending on the nature and severity of the violation; if damage is caused to the State, citizens, or organizations, compensation must be provided according to the law.

2. If an individual or organization commits administrative violations stipulated in this Decree and does not voluntarily comply with the punishment decision, they will be subject to enforcement; if they commit an administrative violation and obstruct, resist public officials or use deceitful means, bribery to delay or evade inspection, supervision, or punishment by authorized persons, they will be administratively punished or prosecuted criminally depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 45. Effective Date

This Decree takes effect fifteen days from the date of publication in the Official Gazette and replaces Government Decree No. 49/CP dated August 15, 1996 on administrative punishment in the field of security and public order and Article 20 of Government Decree No. 88/CP dated December 14, 1995 on administrative punishment in cultural activities and cultural services and prevention of certain social evils.

Article 46. Implementation organization

The Minister of Public Security shall guide and organize the implementation of this Decree; issue uniform forms for use when imposing administrative penalties in the field of national security and public order.

Article 47. Responsibility for Implementation

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