Decree No. 151/2003/NĐ-CP on administrative sanctions for violations in the field of national defense

DECREE

Provisions on administrative penalties for violations in the field of national defense

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Based on the Administrative Violation Handling Ordinance dated July 2, 2002;
At the proposal of the Minister of National Defense,

DECREE

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Administrative violations in the field of national defense are intentional or negligent acts that violate legal provisions in the field of national defense, which are not criminal offenses and according to the law must be subject to administrative penalties, including:

1. Violations of regulations on performing military service obligations, serving in the armed forces, and reserve positions;

2. Violations of regulations on building the reserve force;

3. Violations of regulations on industrial mobilization; management and use of equipment, technology, and specialized materials for defense production;

4. Violations of regulations on managing and building the People's Militia Self-Defense Force;

5. Violations of regulations on protecting defense works and military areas, and management of defense land;

6. Violations of regulations on using motorcycle, car, and military transport vehicle license plates;

7. Violations of regulations on the use, purchase, and production of military uniforms.

Article 2. Applicability

1. Individuals and organizations committing administrative violations in the field of national defense as specified in Chapter II of this Decree.

2. Foreign individuals and organizations committing administrative violations in the field of national defense within the territory, exclusive economic zone, and continental shelf of the Socialist Republic of Vietnam, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

3. Minors committing administrative violations in the field of national defense shall be punished in accordance with Article 7 of the Administrative Violation Handling Ordinance.

Article 3. Principles of Imposition of Sanctions

1. The administration of administrative penalties for violations in the field of national defense shall be carried out by the authority specified in Chapter III of this Decree in accordance with the provisions of the law.

2. All administrative violations in the field of national defense must be discovered promptly and stopped immediately. Penalties must be imposed quickly, fairly, and thoroughly; all consequences caused by administrative violations must be remedied in accordance with the law.

3. An administrative violation shall only be subject to one administrative penalty. Individuals and organizations committing multiple administrative violations shall be penalized for each violation. If multiple people commit the same administrative violation, each violator shall be penalized.

4. Administrative penalties shall be based on the nature and degree of the violation, the background of the violator, and mitigating or aggravating circumstances as stipulated in Articles 8 and 9 of the Administrative Violation Handling Ordinance to determine appropriate forms and measures of punishment.

5. Administrative penalties for violations in the field of national defense shall not be imposed in cases of emergency situations, justifiable self-defense, unexpected events, or when the violator is suffering from mental illness or other diseases that impair their ability to control their actions.

Article 4. Time limit for imposing penalties and period considered as not having been administratively penalized in the field of national defense

1. The time limit for imposing administrative penalties for violations in the field of national defense is one year from the date the violation was committed; if this period has passed, no penalty will be imposed, but measures to remedy the consequences as provided for in Clause 3 of Article 5 of this Decree shall still apply. The time limit for imposing administrative penalties for violations in the field of defense land management, defense works, and military areas is two years.

2. For individuals who have been indicted, prosecuted, or had a decision made to bring them to trial under criminal proceedings, but subsequently have a decision to terminate the investigation or close the case, and whose actions indicate administrative violations in the field of national defense, they shall be subject to administrative penalties; within three days from the date of the decision to terminate the investigation or close the case, the person issuing the decision must send the decision and violation file to the authority responsible for imposing administrative penalties in the field of national defense; in this case, the time limit for imposing administrative penalties is three months, from the date the authority responsible for imposing penalties receives the decision to terminate and the violation file.

3. Within the periods specified in Clauses 1 and 2 of this Article, if an individual or organization commits new administrative violations in the same field previously violated or deliberately evades or obstructs the imposition of penalties, the time limits specified in Clauses 1 and 2 of this Article shall not apply; the time limit shall be recalculated from the date of the new administrative violation or the date the act of evasion or obstruction ends.

4. Individuals and organizations subject to administrative penalties in the field of national defense, if they do not reoffend within one year from the date of completion of the penalty decision or from the expiration date of the enforcement of the penalty decision, shall be considered as not having been administratively penalized in the field of national defense.

Article 5. Forms of administrative sanctions for violations in the field of national defense

1. Principal forms of punishment: For each administrative violation in the field of national defense, the violator, whether an individual or an organization, shall be subject to one of the following principal forms of punishment:

a) Warning: applicable to individuals or organizations committing minor administrative violations for the first time, with mitigating circumstances, or to all acts of administrative violation committed by persons under the age of 16 but over 14 years old. A warning shall be decided in writing;

b) Fine: based on the nature and degree of the violation, the amount of fine within the prescribed fine range shall be determined for each act of violation according to this Decree. The specific fine for a single act of violation is the midpoint of the prescribed fine range for that act; if the violation has mitigating circumstances, the fine may be reduced but not below the minimum limit of the fine range; if the violation has aggravating circumstances, the fine may be increased but not above the maximum limit of the fine range;

c) Deportation: applicable to foreign nationals who commit administrative violations in the field of national defense; in each specific case of violation, deportation may be applied as either a principal form of punishment or an additional form of punishment;

2. Additional forms of punishment: Depending on the nature and degree of the violation, individuals or organizations committing administrative violations in the field of national defense may also be subject to the following additional forms of punishment:

a) Suspension or revocation of licenses or certificates related to the administrative violation in the field of national defense, for a limited or unlimited period. In cases where it is necessary to apply the suspension or revocation of certain licenses issued by the military for the purpose of national defense and security, the authority deciding the punishment shall notify and request the relevant military agency to handle the matter;

b) Confiscation of objects or means used to commit administrative violations in the field of national defense;

3. In addition to the principal forms of punishment and additional forms of punishment stipulated in Clause 1 and Clause 2 of this Article, individuals or organizations committing administrative violations in the field of national defense shall, depending on the nature of the violation, be subject to the following measures to remedy the consequences:

a) Compel restoration to the original state altered due to the administrative violation or compel demolition of unauthorized construction works, return of occupied defense land areas;

b) Compel compliance with regulations on military service registration; registration for reserve officer positions; compliance with regulations on health checks for military service to select candidates for reserve officer training;

c) Compel compliance with orders for conscription or orders for reserve officer training as prescribed by law;

d) Compel compliance with orders for concentrated training, exercises, readiness mobilization inspections, combat readiness inspections; implementation of the system for registering and mobilizing technical equipment;

đ) Compel compliance with decisions of competent authorities regarding industrial mobilization preparation, implementation of industrial mobilization tasks;

e) Compel establishment of civilian self-defense forces according to decisions of competent authorities; compel dissolution of self-defense forces established illegally;

Chapter II

ADMINISTRATIVE VIOLATIONS IN THE FIELD OF NATIONAL DEFENSE, FORMS OF PUNISHMENT, AMOUNT OF FINE, MEASURES TO REMEDY CONSEQUENCES

PART 1: VIOLATIONS OF THE PROVISIONS ON PERFORMING MILITARY SERVICE OBLIGATIONS AND SERVING IN RESERVE BRANCHES; FORMS OF PENALTIES, AMOUNTS OF FINES, AND REMEDIAL MEASURES FOR CONSEQUENCES

Article 6. Violations of provisions on military service registration

1. A warning penalty shall be imposed for the act of not complying with the regulations on military service registration by individuals who have reached the age of 17 years and are required to register for military service.

2. A fine of from VND 100,000 to VND 300,000 shall be imposed for the act of not complying with the initial registration, supplementary registration, relocation registration, long-term absence registration, individual military service registration, reserve branch registration after discharge, and reserve branch cancellation registration as prescribed in the military service registration regulations.

3. In addition to being subject to punishment, violators of this Article must also comply with the regulations on military service registration.

Article 7. Violations of provisions on reserve officer registration

1. A fine of from VND 200,000 to VND 500,000 shall be imposed for the act of failing to register for the reserve officer branch at the local military authority or the permanent headquarters of the organization or enterprise where they reside or work upon transferring to a new workplace or residence.

2. In addition to being fined, violators must also comply with the regulations on registering for the reserve officer branch.

Article 8. Violations of provisions on inspection or health examination for performing military service obligations

1. A fine of from VND 100,000 to VND 300,000 shall be imposed for the act of being absent without justifiable reasons when called for inspection or health examination for performing military service obligations.

2. A fine of from VND 300,000 to VND 500,000 shall be imposed for the act of deceit or bribery of medical personnel to falsify health factors to evade military service obligations.

3. In addition to being fined, violators of Clause 1 and 2 of this Article must also comply with the inspection or health examination plans of the Military Service Council.

Article 9. Violations of provisions on enlistment

1. A fine of from VND 300,000 to VND 500,000 shall be imposed for the act of not appearing at the time and place specified in the call-up order for enlistment without justifiable reasons.

2. In addition to being fined, violators must also comply with the call-up order for enlistment as prescribed by law.

Article 10. Contravening or obstructing the implementation of provisions on military service obligations

1. A fine of from VND 100,000 to VND 400,000 shall be imposed for the act of causing difficulties or obstructing others from complying with the regulations on military service registration or the call-up order for enlistment.

2. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for the act of causing difficulties or obstructing those responsible for implementing the Law on Military Service Obligations.

3. A fine of from VND 1,500,000 to VND 2,000,000 shall be imposed for the act of not scheduling or creating conditions for citizens to perform the military service registration system, health inspections, or call-up orders for enlistment; not reporting lists of male citizens aged 17 years old within the year; and not reporting the number of reserve military personnel and those ready for enlistment in their organizations as prescribed by the Law on Military Service Obligations.

Article 11. Violations of provisions on performing military service while serving in the armed forces

1. A warning penalty shall be imposed for the act of desertion while performing military service during peacetime, when the battalion-level military unit has sent a notice of desertion and reduced the number of personnel to the People's Committee of the commune and the military authority of the district for the first-time violator who falls under the category of temporary deferment from call-up for enlistment or who has continuously served in the military beyond the term of service as prescribed by the Law on Military Service Obligations or who is a female military personnel.

2. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for the act of desertion while performing military service during peacetime, when the battalion-level military unit has sent a notice of desertion and reduced the number of personnel to the People's Committee of the commune and the military authority of the district, for the first-time violator who does not fall under the categories prescribed in Clause 1 of this Article.

3. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for the act of harboring or shielding a deserter.

Article 12. Violation of regulations on training reserve officers

1. A fine of from VND 100,000 to VND 300,000 shall be imposed for the act of being absent at the designated location for health check-up to select or call-up order for training reserve officers without a valid reason.

2. A fine of from VND 400,000 to VND 600,000 shall be imposed for the act of failing to comply with the call-up order for health check-up to select or call-up order for training reserve officers.

3. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for the act of deceit or bribery of medical personnel to falsify health factors to evade the obligation to attend training for reserve officers.

4. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for the act of obstructing others from complying with the call-up order for health check-up to select or call-up order for training reserve officers.

5. In addition to the fine, violators under Clause 1, 2, and 3 of this Article shall also be compelled to comply with the call-up order for health check-up to select or call-up order for training reserve officers.

PART 2: VIOLATIONS CONCERNING THE BUILDING OF RESERVE FORCES; FORMS OF PENALTY, AMOUNT OF FINE AND REMEDIAL MEASURES

Article 13. Violation of regulations on concentration for training, exercises, readiness inspection for mobilization, combat readiness

1. A fine of from VND 100,000 to VND 300,000 shall be imposed for the act of not being present at the time and place specified in the call-up order for concentration for training, exercises, readiness inspection for mobilization, combat readiness without a valid reason.

2. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for the act of causing difficulties or obstructing reserve military personnel from performing regulations on concentration for training, exercises, readiness inspection for mobilization, combat readiness.

3. In addition to the fine, violators under Clause 1 of this Article shall also be compelled to comply with the call-up order for concentration for training, exercises, readiness inspection for mobilization, combat readiness according to the order of the competent authority.

Article 14. Violation of regulations on registering technical equipment

1. A fine of from VND 1,000,000 to VND 1,500,000 shall be imposed for the act of failing to comply with the registration system and procedures for technical equipment listed in the category of technical equipment to be mobilized as supplementary forces for the regular army and to ensure training and mobilization of reserve forces.

2. In addition to the fine, individuals and organizations violating this provision shall also be compelled to implement the technical equipment registration system as prescribed.

Article 15. Violation of regulations on mobilizing technical equipment

1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for the act of failing to comply with the decision or order to mobilize technical equipment not included in reserve units; to ensure training, exercises, and inspection of reserve units during peacetime.

2. A fine of from VND 6,000,000 to VND 10,000,000 shall be imposed for the act of failing to comply with the decision or order to mobilize technical equipment already included in reserve units to serve training, exercises, and inspection of reserve units during peacetime.

3. In addition to the fine, individuals and organizations violating Clauses 1 and 2 of this Article shall also be compelled to implement the decision or order to mobilize technical equipment.

PART 3: VIOLATIONS OF REGULATIONS ON INDUSTRIAL MOBILIZATION PRODUCTS, MANAGEMENT, USE OF EQUIPMENT, TECHNOLOGY, AND SPECIAL MATERIALS FOR NATIONAL DEFENSE PRODUCTION; FORMS OF PENALTIES, AMOUNTS OF FINES, AND REMEDIAL MEASURES

Article 16. Violations of regulations on the production of industrial mobilization products

A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for failing to ensure the production schedule, quantity, and quality of industrial mobilization products according to the mobilization targets.

Article 17. Violations of regulations on industrial mobilization

1. A fine of from VND 6,000,000 to VND 10,000,000 shall be imposed for evading preparations for industrial mobilization; failing to perform assigned mobilization tasks.

2. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for failing to comply with decisions to mobilize participation in industrial mobilization exercises.

3. In addition to fines, individuals and organizations violating Clause 1 and Clause 2 of this Article shall also be required to comply with decisions of competent authorities regarding mobilization preparations; perform mobilization tasks; participate in industrial mobilization exercises.

Article 18. Violations of regulations on the management of equipment and products serving industrial mobilization

1. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for illegally exploiting equipment provided by the State for industrial mobilization purposes; using products serving industrial mobilization for business or other purposes without permission from competent authorities.

2. In addition to fines, individuals and organizations using products serving industrial mobilization for business purposes shall have their contraband confiscated.

Article 19. Violations of regulations on the management, use, and transportation of equipment, technology, and special materials serving national defense production

1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for failing to comply with regulations on loading, unloading, and transporting equipment, technology, and special materials serving national defense production, resulting in damage, loss, or misplacement.

2. A fine of from VND 1,000,000 to VND 4,000,000 shall be imposed for losing, damaging, or causing confusion leading to malfunction or deterioration of equipment, technology, and special materials serving national defense production.

3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for illegally using or exploiting equipment, technology, and special materials serving national defense production.

PART 4: VIOLATIONS OF REGULATIONS ON THE CONSTRUCTION, USE, AND OPERATIONS OF PEOPLE'S MILITIA FORCES; FORMS OF PENALTIES, AMOUNTS OF FINES, AND REMEDIAL MEASURES

Article 20. Violations of regulations on the construction of people's militia forces

1. A fine of from VND 100,000 to VND 500,000 shall be imposed for evading participation in the people's militia or obstructing the construction of the people's militia force.

2. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for failing to comply with decisions of competent authorities regarding the construction of the people's militia force.

3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for organizing the people's militia force contrary to the law.

4. In addition to fines, individuals or organizations violating Clause 1 of this Article shall still be required to participate in the people's militia force; those violating Clause 2 shall be required to organize the people's militia force in accordance with decisions of competent authorities; those violating Clause 3 shall be required to disband the illegally organized people's militia force.

Article 21. Violations concerning the use of civilian militia forces; obstructing the civilian militia from performing their duties

1. A fine of VND 500,000 to VND 1,000,000 shall be imposed for using civilian militia forces for tasks not within their functions and responsibilities.

2. A fine of VND 700,000 to VND 1,000,000 shall be imposed for obstructing civilian militia officers and soldiers from performing their patrol, guard, and pursuit duties.

Article 22. Violations concerning the management of weapons and equipment

1. A fine of VND 500,000 to VND 1,000,000 shall be imposed for using weapons illegally or lending weapons to others without authorization (except during combat).

2. A fine of VND 1,000,000 to VND 1,500,000 shall be imposed for failing to take responsibility resulting in damage or loss of weapons and equipment.

3. In addition to the fine, violators of this Article may also have their weapon usage permit revoked.

Section 5: VIOLATIONS OF REGULATIONS ON THE PROTECTION OF NATIONAL DEFENSE CONSTRUCTIONS AND MILITARY AREAS; FORMS OF PENALTY, AMOUNTS OF FINES, AND REMEDIAL MEASURES

Article 23. Violations concerning entry, exit, and movement in restricted areas, protected zones, and safety zones around national defense constructions and military areas

1. A warning shall be issued for unintentional entry, exit, or movement in restricted areas, protected zones, and safety zones around national defense constructions and military areas without permission from the competent authority.

a) A fine of from VND 400,000 to VND 500,000 shall be imposed on any of the following acts: cleaning equipment, motorcycles; discharging oil, grease, toxic chemicals; dumping garbage, animal and plant carcasses causing surface water pollution;

a) From VND 100,000 to VND 300,000 for intentional entry, exit, or movement in protected zones and safety zones around national defense constructions and military areas;

b) From VND 400,000 to VND 1,000,000 for intentional entry, exit, or movement in restricted areas around national defense constructions and military areas.

Article 24. Violations concerning filming, photographing, measuring, and drawing national defense constructions and military areas

1. A fine of VND 500,000 to VND 1,000,000 shall be imposed for filming, photographing, measuring, and drawing the safety zones around national defense constructions and military areas without permission from the competent authority.

2. A fine of VND 1,500,000 to VND 2,000,000 shall be imposed for filming, photographing, measuring, and drawing the protected zones around national defense constructions and military areas without permission from the competent authority.

3. A fine of VND 2,000,000 to VND 4,000,000 shall be imposed for filming, photographing, measuring, and drawing the restricted areas around national defense constructions and military areas without permission from the competent authority.

4. In addition to the fine, violators of this Article shall have the evidence seized; if violating Clause 2 or Clause 3 of this Article, the means used for the violation shall also be confiscated.

Article 25. Violations concerning the protection of secrets related to national defense constructions and military areas

1. A fine of VND 1,500,000 to VND 2,000,000 shall be imposed for disseminating secret information about national defense constructions and military areas or locations with such constructions and areas.

2. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed for investigating the location, function, structure, and recording relevant data about national defense constructions and military areas outside the scope of one's duties and responsibilities and without permission from the competent authority.

3. In addition to the fine, violators of Clause 2 of this Article shall have the evidence seized.

Article 26. Violation of regulations on protecting defense works and military areas

1. A fine of from 1,000,000 VND to 1,500,000 VND shall be imposed for the act of installing equipment that affects the structure, function, safety, and secrecy of defense works and military areas.

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

a) Dumping waste or refuse inside or beside defense works.

b) Exploiting materials, minerals, and antiquities within the protected area and safety zone of defense works and military areas.

c) Cutting down camouflage trees of defense works and military areas.

d) Intruding upon boundary markers or signs of defense works and military areas.

3. A fine of from 4,000,000 VND to 6,000,000 VND shall be imposed for the act of placing chemical substances or poisons inside defense works.

a) Exploiting materials, minerals, and antiquities on the roof, beside, or under the bottom of defense works or within restricted areas of defense works and military areas.

4. A fine of from 7,000,000 VND to 10,000,000 VND shall be imposed for the act of constructing works without permission from competent authorities affecting defense works and military areas.

5. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed for the act of demolishing or damaging the structure and equipment of defense works.

6. In addition to being fined, individuals and organizations violating this Article shall also be compelled to dismantle unauthorized construction works and restore the original condition of defense works and military areas, and have contraband confiscated. If they violate point b Clause 3 and Clause 5 of this Article, they shall also have the means used for violation confiscated.

Article 27. Violation of regulations on using defense works

1. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed for the act of using specialized equipment and materials of defense works for purposes other than intended.

2. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed for the act of using or modifying defense works for other purposes without permission from competent authorities.

3. In addition to being fined, individuals and organizations violating this Article shall also be compelled to restore the original condition of defense works.

Article 28. Violation of regulations on managing defense land

1. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed for the act of encroaching on defense land.

2. In addition to being fined, individuals and organizations violating this Article shall also be compelled to restore the original condition and return the encroached defense land area.

Section 6: VIOLATIONS OF REGULATIONS ON USING LICENSE PLATES FOR MOTORCYCLES, CARS, AND MILITARY TRANSPORTATION MEANS; FORMS OF PENALTY, AMOUNT OF FINE, AND REMEDIAL MEASURES

MỤC 6: VI PHẠM QUY ĐỊNH VỀ SỬ DỤNG BIỂN SỐ MÔ TÔ, Ô TÔ VÀ PHƯƠNG TIỆN VẬN TẢI QUÂN SỰ; HÌNH THỨC XỬ PHẠT, MỨC PHẠT VÀ BIỆN PHÁP KHẮC PHỤC HẬU QUẢ

Article 29. Violation of regulations on using license plates for motorcycles, cars, and military transportation means

1. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed for the act of illegally storing license plates for motorcycles, cars, and military transportation means (both genuine and fake plates).

2. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed for the act of illegally using license plates for motorcycles, cars, and military transportation means (both genuine and fake plates).

3. A fine of from 4,000,000 VND to 6,000,000 VND shall be imposed for the act of illegally producing or selling license plates for motorcycles, cars, and military transportation means.

4. In addition to being fined, individuals and organizations violating this Article shall also be subject to the following supplementary penalties:

a) Violations of Clause 1 and Clause 2 of this Article shall result in confiscation of contraband.

The Standing Office of the Council for International Cooperation on Non-Governmental Organizations (Vietnam Friendship Association) is the agency responsible for receiving registration dossiers, leading, and coordinating with member agencies of the Council to examine dossiers and return results of reviews of registration dossiers of foreign non-governmental organizations in Vietnam.) Violations of Clause 3 of this Article shall result in confiscation of contraband and means used for violation.

Article 30. Violations concerning the use of motorcycles, automobiles, and military transport vehicles

1. A fine of from seven million to ten million Vietnamese dong shall be imposed for impersonating motorcycles, automobiles, and military transport vehicles.

2. In addition to the fine, individuals and organizations violating this provision shall have their driving licenses and permits to operate military transport vehicles revoked for a period of ninety to one hundred eighty days.

Section 7: Violations concerning the use, sale, production of military uniforms; forms of punishment, fines, and measures to mitigate consequences

Article 31. Violations concerning the use of military uniforms

1. A fine of from one hundred thousand to five hundred thousand Vietnamese dong shall be imposed for wearing hats with insignia, uniforms with rank badges, emblems, sprigs, stars, and other types of military uniforms without authorization.

2. In addition to the fine, the offender shall have the contraband confiscated.

Article 32. Violations concerning the management of military uniforms

1. A fine of from one million to three million Vietnamese dong shall be imposed for storing, trading, or exchanging unauthorized military insignia, rank badges, emblems, sprigs, kepi hats, combat helmets, ceremonial uniforms, regular service uniforms, combat uniforms, specialized uniforms, and other types of military uniforms.

2. In addition to the fine, individuals and organizations violating this provision shall have the contraband confiscated.

Article 33. Violations concerning the production of military uniforms

1. A fine of from five million to ten million Vietnamese dong shall be imposed for producing or counterfeiting military insignia, rank badges, emblems, sprigs, kepi hats, combat helmets, ceremonial uniforms, regular service uniforms, combat uniforms, specialized uniforms, and other types of military uniforms.

2. In addition to the fine, individuals and organizations violating this provision shall have the contraband and equipment used for the violation confiscated.

Article 34. Violations concerning the use of emblems, duty plates, flags reserved exclusively for the military when on duty

1. A fine of from one million to five million Vietnamese dong shall be imposed for using unauthorized emblems, duty plates, and flags reserved exclusively for the military when on duty.

2. In addition to the fine, individuals and organizations violating this provision shall have the contraband confiscated.

Article 35. Violations concerning the management of emblems, duty plates, flags reserved exclusively for the military when on duty

1. A fine of from three million to seven million Vietnamese dong shall be imposed for unauthorized trading of emblems, duty plates, and flags reserved exclusively for the military when on duty..

2. In addition to the fine, individuals and organizations violating this provision shall have the contraband confiscated.

Article 36. Violations concerning the production of emblems, duty plates, flags reserved exclusively for the military when on duty

1. A fine of from seven million to ten million Vietnamese dong shall be imposed for unauthorized production or counterfeiting of emblems, duty plates, and flags reserved exclusively for the military when on duty.

2. In addition to the fine, individuals and organizations violating this provision shall have the contraband and equipment used for the violation confiscated.

Chapter III

AUTHORITY AND PROCEDURES FOR ADMINISTRATIVE PENALTIES IN THE FIELD OF NATIONAL DEFENSE

Article 37. Authority of the Chairpersons of People's Committees at all levels to impose penalties

The Chairpersons of People's Committees at all levels have the authority to impose penalties according to Articles 28, 29, and 30 of the Administrative Violation Handling Ordinance within the territorial scope under their jurisdiction for violations and measures to mitigate consequences when imposing penalties for violations stipulated in Chapter II of this Decree.

Article 38. Competence to impose administrative penalties of the National Defense Inspectorate

1. The National Defense Inspectorate has the competence to impose administrative penalties for violations stipulated in this Decree and for administrative violations in the management and use of housing and residential land under the management of the military in accordance with the provisions of the Government.

2. National Defense Inspectors performing their duties have the right:

a) To issue warnings;

b) To impose a fine up to two hundred thousand dong;

c) To confiscate items or means used for administrative violations valued up to two million dong;

d) to apply measures to remedy consequences prescribed in Chapter II of this Decree.

3. The Chief of the National Defense Inspectorate of provinces and centrally governed cities has the right:

a) To issue warnings;

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

c) to apply supplementary forms of administrative penalties and measures to remedy consequences when imposing penalties for violations prescribed in Chapter II of this Decree.

4. The Chief of the National Defense Inspectorate of the Ministry of National Defense has the right:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) to apply supplementary forms of administrative penalties and measures to remedy consequences when imposing penalties for violations prescribed in Chapter II of this Decree.

Article 39. Competence to impose administrative penalties of the People's Public Security

The People's Public Security has the competence to impose penalties in accordance with Article 31 of the Ordinance on Handling Administrative Violations for acts violating the provisions of Section 6, Section 7 and to apply measures to remedy consequences when imposing penalties for violations prescribed in Section 6, Section 7 of Chapter II of this Decree.

Article 40. Competence to impose administrative penalties of the Market Management

The Market Management has the competence to impose penalties in accordance with Article 37 of the Ordinance on Handling Administrative Violations for acts violating the provisions of Section 7 and to apply measures to remedy consequences when imposing penalties for violations prescribed in Section 7 of Chapter II of this Decree.

Article 41. Competence to impose administrative penalties of the Border Guard

The Border Guard has the competence to impose penalties in accordance with Article 32 of the Ordinance on Handling Administrative Violations for acts violating the provisions of Section 5, Section 6 and to apply measures to remedy consequences prescribed in Section 5, Section 6 of Chapter II of this Decree for violations occurring within the area under the management of the Border Guard.

Article 42. Competence to impose administrative penalties of the Coast Guard

The Coast Guard has the competence to impose penalties in accordance with Article 33 of the Ordinance on Handling Administrative Violations for acts violating the provisions of Section 6 and to apply measures to remedy consequences when imposing penalties for violations prescribed in Section 6 of Chapter II of this Decree for violations occurring within the area under the management of the Coast Guard.

Article 43. Delegation of authority and principles for determining competence to impose administrative penalties

1. Delegation of authority to impose administrative penalties in the field of national defense shall be applied in accordance with Article 41 of the Ordinance on Handling Administrative Violations and Article 14 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing certain provisions of the Ordinance on Handling Administrative Violations in 2002 (hereinafter referred to as Decree No. 134/2003/NĐ-CP).

2. Principles for determining the competence to impose administrative penalties in the field of national defense shall be applied in accordance with Article 42 of the Ordinance on Handling Administrative Violations and Article 13 of Decree No. 134/2003/NĐ-CP.

Article 44. Collection of fines

Individuals and organizations fined must pay the fine within the time limit and at the place specified in the penalty decision, except in cases where they have paid the fine on the spot in accordance with Article 54 and Clause 2 of Article 58 of the Ordinance on Handling Administrative Violations and received a receipt for the fine payment. If they evade or fail to pay within the time limit, they will be subject to compulsory enforcement in accordance with the law. The collection of fines must use receipts issued by the Ministry of Finance in accordance with current regulations.

The Ministry of Finance shall take the lead and coordinate with the Ministry of National Defense to guide the collection and use of fines for administrative violations in the field of national defense.

Article 45. Procedure and formalities for administrative sanctions in the field of national defense

1. The procedure and formalities for administrative sanctions in the field of national defense must be carried out in accordance with the provisions of the Administrative Violation Handling Ordinance.

2. The procedures for confiscating and handling evidence and means of administrative violations in the field of national defense shall be implemented in accordance with Articles 60 and 61 of the Administrative Violation Handling Ordinance.

3. Documents related to administrative sanctions in the field of national defense must be fully retained at the sanctioning agency. The administrative violation record shall be established in accordance with Article 55 of the Administrative Violation Handling Ordinance and the model prescribed in Decree No. 134/2003/NĐ-CP, except in cases handled under the simplified procedure stipulated in Article 54 of the Administrative Violation Handling Ordinance.

Violations concerning the implementation of the Law on Military Service, construction of reserve forces, establishment and use of self-defense militia, shall be recorded in a report by the Chief of the People's Militia Self-Defense Force Board at the commune level, the Commander of the military office at the district and provincial levels, together with the public security agencies at the same level, and submitted to the Chairman of the People's Committee at their respective levels for punishment within their authority.

Article 46. Execution of administrative sanction decisions and enforcement of administrative sanction decisions in the field of national defense

1. Individuals and organizations subject to administrative sanctions in the field of national defense as prescribed in this Decree must strictly comply with the sanction decision within ten days from the date of receipt of the decision, unless otherwise provided by law. If individuals or organizations do not voluntarily comply, they will be enforced according to Article 66 of the Administrative Violation Handling Ordinance.

2. Persons authorized as specified in paragraphs 1, 2, 3, 7, and 8 of Article 67 of the Administrative Violation Handling Ordinance have the right to issue enforcement decisions and organize enforcement.

3. When applying measures to enforce administrative sanction decisions in the field of national defense, agencies and persons with authority must follow the enforcement procedures as prescribed by law.

The model for enforcement decisions on administrative sanction decisions shall be implemented in accordance with Decree No. 134/2003/NĐ-CP.

4. The People's Police force has the responsibility to ensure order and safety during the execution of enforcement decisions by the People's Committee at the same level or enforcement decisions by other state agencies when requested by those agencies and cooperate with other state agencies to organize the execution of enforcement decisions by those agencies when requested.

5. The military control force shall execute enforcement decisions by the Heads of Defense Inspectors at all levels.

6. Individuals and organizations subject to compulsory enforcement shall bear all costs related to organizing the implementation of compulsory enforcement measures.

Article 47. Application of preventive measures against administrative violations

1. To promptly prevent administrative violations and ensure the imposition of administrative sanctions in the field of national defense, persons with authority may apply preventive measures against administrative violations in accordance with Article 43 of the Administrative Violation Handling Ordinance.

2. Authority, procedure, and formalities for applying preventive measures against administrative violations and ensuring the imposition of administrative sanctions in the field of national defense shall be implemented in accordance with Articles 44, 45, 46, 47, 48, and 49 of the Administrative Violation Handling Ordinance and Article 15 of Decree No. 134/2003/NĐ-CP.

The model for records of application of preventive measures against administrative violations shall be implemented in accordance with Decree No. 134/2003/NĐ-CP.

Chapter IV

APPEAL AND COMPLAINT

Article 48. Complaints and Reports

Individuals or organizations that have been administratively sanctioned or their legitimate representatives have the right to appeal against administrative sanction decisions, decisions on preventive measures, and guarantees for the handling of administrative violations.

Citizens have the right to report to state agencies with jurisdiction about acts contrary to the law in the handling of administrative violations in the field of national defense.

The procedures for complaints and reports and the resolution of citizens' complaints and reports shall be carried out in accordance with the provisions of the law on complaints and reports.

Chapter V

REWARD AND DISCIPLINARY ACTION FOR VIOLATIONS

Article 49. Rewards

Individuals or organizations that have achievements in providing information, detecting, preventing, and handling administrative violations in the field of national defense shall be rewarded according to the general system of the State.

Article 50. Handling Violations

1. An authority responsible for imposing administrative sanctions in the field of national defense who harasses, tolerates, covers up, fails to impose sanctions, imposes sanctions untimely, incorrectly, or exceeds the prescribed authority shall be subject to disciplinary action or criminal liability depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with the law.

2. A person subject to administrative sanctions in the field of national defense who obstructs, resists law enforcement officers, delays, evades the execution of administrative sanction decisions, or commits other violations shall be subject to administrative handling or criminal liability depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with the law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 51. Effective Date

This Decree takes effect fifteen days from the date of publication in the Official Gazette and replaces Government Decree No. 24/CP dated April 18, 1996 on administrative sanctions for violations in the field of national defense.

Article 52. Guidance on Implementation

The Minister of National Defense, within the scope of his functions and duties, is responsible for coordinating with relevant ministries and sectors to provide guidance on the implementation of this Decree.

Article 53. Implementation Responsibility

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