Decree No. 169/2013/ND-CP on administrative sanctions for violations in the field of management and protection of the national border.

DECREE

Provisions on administrative penalties for violations in the field of management and protection of national borders.

Protection of national borders

_______________

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

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

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

"Based on the proposal of the Minister of National Defense;"

The Government promulgates this Decree to provide for administrative penalties for violations in the field of management and protection of national borders.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violation; forms of administrative penalty, fines; measures to remedy consequences; authority to issue administrative violation notices; authority to impose administrative penalties in the field of management and protection of national borders.

2. Administrative violations in the field of management and protection of national borders include:

a) Violations of regulations concerning the management and protection of national border lines, national boundary markers, and border signs;

b) Violations of regulations concerning crossing the border, encroachment, crossing the border to cultivate fields, plantations, hunting, exploiting forest and soil products, minerals, aquatic resources, and other actions causing harm to national defense, security, and human health in border areas;

c) Violations of regulations concerning residence, movement, and activities in border areas;

d) Violations of regulations concerning the management and protection of border works, signs, and restricted zones in border areas;

đ) Violations of regulations concerning construction of works in border areas;

e) Violations of regulations by persons and vessels in maritime border areas and port gateways;

g) Violations of regulations concerning ensuring security and order at port gateways;

h) Violations of regulations on entering, exiting, and operating in land border gateways.

3. Acts of administrative violation related to the field of management and protection of national borders as prescribed in Decrees providing for administrative penalties regarding import and export of goods, railway transportation, security and social order, publishing, surveying and mapping, maritime affairs, inland waterway transport, and other fields shall be penalized according to the provisions of those Decrees.

Article 2. Measures to remedy consequences

1. Compel restoration to the original state.

2. Compel removal of structures or parts of structures without permits or constructed contrary to permits.

3. Compel implementation of measures to address environmental pollution and disease spread.

4. Compel removal from the territory of the Socialist Republic of Vietnam or compel re-exportation of goods, items, and means of transport.

5. Compel destruction of goods and items harmful to human health, animals, and plants, and harmful cultural products.

6. Compel departure from land border gateway areas, port gateway areas, and border areas.

7. Compel return of shore access permit to crew members when foreign vessels are moored at the port.

8. Revoke border identification cards, border certification cards, or border entry-exit passes.

9. Compel destruction of forged border identification cards, border certification cards, or border entry-exit passes, and permits to operate in border gateways and ports.

Article 3. Amounts of fines for individuals and organizations and authority to impose fines

1. The maximum fine for individuals in the field of management and protection of national borders is 50,000,000 VND, and for organizations is 100,000,000 VND.

2. The amount of fine for acts of administrative violation prescribed in Chapter II of this Decree is the fine for individuals. The fine for organizations is twice the fine for individuals.

3. The authority to impose fines for the positions prescribed in Chapter III of this Decree is the authority to fine individuals; the authority to fine organizations is twice that for individuals.

Chapter II

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF PENALTY

AND MEASURES TO REMEDY CONSEQUENCES

Article 4. Acts violating regulations on the management and protection of national border lines, boundary markers, and signs indicating national border lines

1. Fine from 20,000,000 VND to 30,000,000 VND for any of the following acts:

a) Conducting geological exploration, resource exploitation, and mining activities that alter national border signs, national boundary markers, or border works;

b) Constructing hydropower projects on border rivers and streams without permission from competent authorities.

2. Fine from 40,000,000 VND to 50,000,000 VND for any of the following acts:

a) Damaging, moving, or engaging in any other action harmful to national boundary markers, border signs, and signs in border areas, and border works;

b) Building embankments, digging canals, ditches, dumping earth, rocks, waste into border rivers and streams; altering the flow of border rivers and streams, altering national border signs.

3. Additional forms of punishment

a) Confiscate contraband items and means of transport for violations prescribed in Clause 1, Clause 2 of this Article;

b) Suspend the right to use the mineral and resource exploration and exploitation permit for six months to one year for violations prescribed in Point a Clause 1 of this Article.

4. Measures to remedy consequences

Compel restoration to the original state, compel removal of structures or parts of structures without permits or constructed contrary to permits for violations prescribed in Clause 1; Clause 2 of this Article.

Article 5. Acts violating regulations on crossing the border, encroachment, farming, hunting, exploiting forest products, minerals, aquatic resources, and other acts causing harm to national defense, security, and human health in border areas.

1. Warning or a fine from VND 300,000 to VND 500,000 for any of the following acts:

a) Border residents crossing the border without carrying the required documents as stipulated by law;

b) Border residents crossing the border not at the designated points for border crossings;

c) Border residents crossing the border outside the time specified on their border identification card, border certification card, or border entry-exit permit;

d) Grazing or herding livestock across the border;

đ) Crossing beyond the permitted area when allowed to cross the border.

2. A fine from VND 500,000 to VND 800,000 for any of the following acts:

a) Allowing others to use one's own border identification card, border certification card, or border entry-exit permit to cross the border;

b) Using another person's border identification card, border certification card, or border entry-exit permit to cross the border.

3. A fine from VND 1,000,000 to VND 1,500,000 for the act of providing false information to obtain a border identification card, border certification card, or border entry-exit permit.

4. A fine from VND 1,500,000 to VND 2,500,000 for any of the following acts of leading, assisting, or facilitating persons or means of transportation to exceed the permitted range.

5. A fine from VND 2,500,000 to VND 4,000,000 for any of the following acts:

a) Crossing the border to farm, hunt, exploit forest products, minerals, aquatic resources, and other illegal activities;

b) Encroaching in border areas;

c) Burial, relocation, or transporting remains across the border illegally;

d) Failing to report to the Border Guard Post or the People's Committee of the local commune regarding the purpose, time, list of people, number of means of transportation, content, and scope of activities in the border zone;

đ) Forging state agency documents to operate in border areas and border zones.

6. A fine from VND 6,000,000 to VND 10,000,000 for the act of buying, selling, exchanging, or transporting harmful substances or those posing a risk to public health, the environment, social order, and security across the border.

7. A fine from VND 10,000,000 to VND 20,000,000 for acts of launching, releasing, or sending through the border on land or air means of transport or objects that cause harm or pose a risk to national defense and security.

8. A fine from VND 20,000,000 to VND 30,000,000 for the act of installing equipment for storing dangerous chemicals and constructing hazardous waste disposal sites within 1,000 meters from the border line.

9. Additional forms of punishment

Confiscation of contraband items and means of administrative violation for violations under Clause 3; Point a, đ Clause 5; Clause 6; Clause 7; Clause 8 of this Article.

10. Measures to remedy consequences

a) Order restoration to the original condition for violations under Point b, Point c Clause 5 of this Article;

b) Order implementation of measures to mitigate environmental pollution and prevent the spread of diseases for violations under Clause 6, Clause 7 of this Article;

c) Order destruction of goods and items harmful to human health, animals, crops, and cultural products with harmful content for violations under Clause 6, Clause 7 of this Article;

d) Revoke the border identification card, border certification card, or border entry-exit permit for violations under Clause 3 of this Article;

đ) Order destruction of forged border identification cards, border certification cards, or border entry-exit permits.

Article 6. Acts violating regulations on residence, movement, and activities in border areas

1. Warning or a fine from VND 300,000 to VND 500,000 for any of the following acts:

a) Residing or moving in violation of regulations within border areas;

b) Failing to report or concealing, assisting others in illegal movement or residence within border areas.

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

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

b) Foreigners entering border zones without reporting to border guard posts or local authorities;

c) Organizing foreigners to enter border areas without accompanying personnel or notifying the provincial Public Security or Border Guard units.

3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for organizing foreigners to enter border areas without valid permits issued by competent public security agencies.

4. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for constructing markets, business premises, parking lots for various vehicles, tourist attractions, and other unauthorized activities within border zones without permission from competent authorities.

5. Additional forms of punishment

Suspension of construction permit usage rights for from six months to one year for violations stipulated in Clause 4 of this Article.

Remedial measures

a) Compelling restoration to original condition, demolition of structures or parts thereof without permits or constructed contrary to permits for violations stipulated in Clause 4 of this Article;

b) Compelling departure from border areas for violations stipulated in Point a of Clause 1, Point a, Point c of Clause 2, and Clause 3 of this Article.

Article 7. Acts violating regulations on management and protection of border works, signboards, restricted areas within the border region

1. Warning or a fine of from VND 300,000 to VND 500,000 shall be imposed for acts of drawing, writing, erasing characters on signs indicating "border area," "border zone," "prohibited area," "customs area," and other signs within border areas.

2. A fine of from VND 1,500,000 to VND 2,000,000 shall be imposed for entering, exiting, moving, controlling vehicles, or conducting activities in violation of regulations within prohibited areas or restricted activity zones within border areas.

3. A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed for filming, photographing, measuring, drawing scenery, recording with electronic devices, transmitting radio signals in areas within prohibited zones within border areas without authorization from competent authorities.

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

a) Clearing land by cutting, destroying, burning trees; causing explosions, firing guns illegally within border zones; shooting across borders;

b) Damaging, moving, dismantling signs indicating "border area," "border zone," "prohibited area," "customs area," and other signs within border areas.

5. A fine of from VND 8,000,000 to VND 12,000,000 shall be imposed for damaging or dismantling the structure or equipment of border works.

6. Additional forms of punishment:

Confiscation of contraband items and means of administrative violation for violations stipulated in Clause 3; Clause 4; Clause 5 of this Article.

7. Measures to remedy consequences:

Compelling restoration to original condition for violations stipulated in Clause 1; Point b of Clause 4; Clause 5 of this Article.

Article 8. Acts violating regulations on construction of works in border areas

1. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the act of constructing transportation, tourism, water conservancy, hydropower, industrial enterprises, agricultural farms, forestry farms, ranches, port works, economic zones jointly operated with foreign countries, exploration, exploitation of natural resources, and other construction projects in border areas without notifying the local authorities and border guard posts by the project investors.

2. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for the acts stipulated in Clause 1 of this Article that have not been permitted by competent authorities.

3. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for the acts stipulated in Clause 1 of this Article that are constructed at incorrect locations or alter national boundary markers, damage national boundary markers, or border works.

4. Additional forms of punishment

Seizure of contraband items and means of administrative violation for acts violating the provisions of Clause 2 of this Article.

5. Measures to remedy consequences

Forced demolition of works or parts of works without permits or constructed contrary to permits for acts violating the provisions of Clauses 2 and 3 of this Article.

Article 9. Acts violating regulations of persons and vessels in maritime border areas and seaport gateways

1. A fine of VND 500,000 to VND 1,000,000 shall be imposed for the act of failing to prepare a list and notify the competent authority, Border Guard Post, or seaport gateway border guard when there are foreigners accompanying the group entering the maritime border area or seaport gateway.

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

a) Filming, photographing, measuring, drawing scenery, recording images using electronic devices, transmitting radio waves in areas marked with prohibitory signs within the maritime border area or seaport gateway without permission from the competent authority;

b) Transporting people or goods onto or off vessels in the seaport gateway area without permission from the competent authority or authorized person.

3. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed for foreigners entering the maritime border area or seaport gateway area (excluding tourist and service areas) to work or operate at the seaport gateway without a permit issued by the competent public security authority.

4. A fine of VND 4,000,000 to VND 5,000,000 shall be imposed for the act of using means of transport to moor alongside foreign vessels in internal waters or territorial seas 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) Failure to comply with border guard inspection and supervision of vessels as prescribed by law;

b) Conducting military exercises, search and rescue drills, organizing live-fire exercises, or using explosives in the maritime border area without a plan approved by the competent authority, without notifying relevant organizations, individuals, as well as the provincial People's Committee and Border Guard Force according to regulations;

c) Conducting activities such as marine resource exploration, fishing, scientific research, and resource exploitation in the maritime border area permitted by the competent ministries and sectors but without notification to the provincial People's Committee and Border Guard Force;

d) Organizing, guiding, or transporting by vessel persons exiting or entering the country illegally.

6. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for the master, operator, or person responsible for foreign vessels operating in the maritime border area who do not possess all required documents as prescribed by law.

7. Additional forms of punishment

Seizure of contraband items and means of administrative violation for acts violating the provisions of Point a Clause 2 of this Article.

8. Measures to remedy consequences

Forced departure from the border area or seaport gateway area for acts violating the provisions of Clause 1 and Clause 3 of this Article.

Article 10. Acts violating regulations on ensuring security and order at seaport border gates

1. Warning or a fine from VND 300,000 to VND 500,000 for any of the following acts:

a) Using expired permits;

b) Not registering, presenting shore entry permits, cards, or ship boarding permits to competent authorities before going ashore or boarding ships;

c) Not complying with the time, scope, and content of activities permitted.

2. A fine of VND 500,000 to VND 1,000,000 shall be imposed on foreigners who board from foreign vessels without the required permits.

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

a) Allowing others to use shore entry permits, cards, or ship boarding permits;

b) Using shore entry permits, cards, or ship boarding permits belonging to others;

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

d) Not reporting to the border guard of the seaport border gate information related to vessels, goods, crew lists, passenger lists (if any), and expected arrival and departure times when conducting travel agency or maritime agent business or handling vessel procedures;

đ) Returning to the vessel without permission from the border guard of the seaport border gate after completing entry formalities to Vietnam and departing by another means;

e) Returning inland without re-entering after completing exit formalities.

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

a) Leaving the vessel or transacting with individuals or organizations that are not pilots, Vietnamese public servants, or maritime agents before completing entry formalities or after completing exit formalities;

b) Not having a visa issued by competent Vietnamese authorities when transiting inland or exiting through another border gate via vessel;

5. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for falsifying permits used in border sea areas or seaport border gates.

6. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the master, person in charge of the vessel, or person responsible for the vessel for any of the following acts:

a) Loading or unloading cargo before receiving confirmation from the border guard of the seaport border gate that entry formalities have been completed;

b) Departing the port without authorization from the competent authority after changes in the crew have been confirmed;

c) Not submitting electronic border formalities documents to the border guard of the seaport border gate after completing electronic border formalities;

d) Not fully declaring or inaccurately declaring information as required by law on electronic border formalities for seaports;

đ) Anchoring in port waters for more than 24 hours without permission from the competent authority after completing exit formalities;

e) Not having a Dangerous Goods Declaration, Weapons and Explosives Declaration, or Passenger Concealment Declaration (if applicable);

g) Not maintaining the sealed state of cargo and border formalities documents as required by law during transit or port change;

h) Not taking necessary measures to prevent concealment and reporting to the border guard of the seaport border gate or other specialized management agencies upon discovering concealed persons on board;

7. Additional forms of punishment

a) Confiscation of administrative violation evidence for acts violating Clause 5 of this Article;

b) Suspension of the right to use shore entry permits, cards, or ship boarding permits for one to three months for acts specified in Point a, Clause 3 of this Article;

8. Measures to remedy consequences

a) Compelling the return of shore entry permits for acts violating Point c, Clause 1 of this Article;

b) Compelling the destruction of permits used in border sea areas or seaport border gates that have been falsified as specified in Clause 5 of this Article.

Article 11. Acts violating regulations on entry, exit, and activities within border gate areas

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

a) Residing or traveling in violation of regulations within the border gate area;

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

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

a) Entering, exiting, or conducting activities within the border gate area without the required personal and vehicle documents as prescribed by law;

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

c) Transporting or loading/unloading goods within the border gate area at unauthorized locations;

d) Altering or tampering with permits for activities within the border gate area;

đ) Allowing others to use permits for activities within the border gate area;

e) Using another person's permit for activities within the border gate area.

3. A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed for the act of not having a permit or using an expired permit for activities within the border gate area.

4. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for engaging in business without a permit within the border gate area.

5. Additional forms of punishment

a) Suspension of the right to use permits for activities at land border gates for three to six months for violations stipulated in Point đ Clause 2 of this Article;

b) Suspension of the right to use permits for activities at land border gates for three to six months for violations stipulated in Points d, e Clause 2; Clause 3 of this Article.

Remedial measures

Forced removal from the border gate area for violations stipulated in Point a Clause 1; Points a, e Clause 2 of this Article.

Article 12. Administrative violations in the maritime traffic sector occurring in border sea areas and port areas

For violations concerning ensuring safety, security, and order in port operations; ensuring maritime safety; procedures for entering and leaving ports or transiting; safety, security, and order related to ship activities; human life safety on ships; anchoring, berthing, alongside berthing, and towing of ships in port waters and border sea areas, penalties shall be imposed according to Decree No. 93/2013/NĐ-CP dated August 20, 2013 of the Government on administrative penalties in the maritime traffic sector and inland waterway traffic.

Chapter III

AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND VIOLATION RECORDS

Article 13. Competence to impose penalties of the Border Guard Force

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

a) To issue warnings;

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

2. The head of the unit specified in Clause 1 of this Article, the Border Gate Station Commander has the authority:

a) To issue warnings;

b) Impose a fine up to 2,500,000 VND.

3. The Border Guard Post Commander, the Border Guard Squadron Commander, the Border Guard Sub-District Commander, the Border Guard Port-Customs Commander have the authority:

a) To issue warnings;

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

c) Confiscate the objects and means of administrative violations with a value not exceeding the fine amount prescribed in Point b of this Clause;

d) To compel restoration to the original state;

đ) To compel implementation of measures to mitigate environmental pollution and prevent disease spread;

e) To compel destruction of goods and items harmful to human health, livestock, crops, and the environment, and cultural products containing harmful content;

g) To compel departure from the land border gate area, border area, port border gate area;

h) To compel surrender of shore access permits for crew members, staff, and passengers when foreign vessels are anchored at the port;

i) To revoke border crossing certificates, border recognition certificates, or border entry-exit permits;

k) To compel destruction of border crossing certificates, border recognition certificates, or border entry-exit permits, or operating permits in border gate and port areas that are counterfeit.

4. Commanders of provincial border guard forces and commanders of border guard fleets subordinate to the Border Guard Command have the authority to:

a) To issue warnings;

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

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

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

đ) To compel restoration to the original state;

e) To compel implementation of measures to mitigate environmental pollution and prevent disease spread;

g) To compel destruction of goods and items harmful to human health, livestock, crops, and the environment, and cultural products containing harmful content;

h) To compel departure from the land border gate area, border area, port border gate area;

i) To compel surrender of shore access permits for crew members, staff, and passengers when foreign vessels are anchored at the port;

k) To revoke border crossing certificates, border recognition certificates, or border entry-exit permits;

l) To compel destruction of border crossing certificates, border recognition certificates, or border entry-exit permits, or operating permits in border gate and port areas that are counterfeit.

Article 14. Competence to impose penalties of the Chairpersons of People's Committees at all levels along the border

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

a) To issue warnings;

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

c) Confiscate the objects and means of administrative violations with a value not exceeding the fine amount prescribed in Point b of this Clause;

d) To compel restoration to the original state;

d) Order the demolition of construction works or parts thereof without a permit or not in accordance with the permit;

e) Order the implementation of measures to address environmental pollution and the spread of diseases;

g) Order the destruction of goods or items harmful to human health, livestock, crops, the environment, and cultural products containing harmful content.

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

a) To issue warnings;

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

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

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

đ) To compel restoration to the original state;

e) Order the demolition of construction works or parts thereof without a permit or not in accordance with the permit;

g) Order the implementation of measures to address environmental pollution and the spread of diseases;

h) Order the destruction of goods or items harmful to human health, livestock, crops, the environment, and cultural products containing harmful content;

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

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

a) To issue warnings;

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

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

d) Confiscate contraband and means of administrative violation;

d) Apply remedial measures as stipulated in Clause 1, Article 28 of the Law on Handling Administrative Violations;

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

Article 15. Competence to impose penalties of the People's Public Security

The People's Public Security has the authority to impose penalties for violations specified in Clause 1, Article 4; Clause 2, Clause 3, Clause 6, Clause 7, Article 5; Article 6; Clause 1, Clause 2, Article 8; Clause 4, Point d, Clause 5, Article 9; Clause 4, Clause 5, Article 10, Article 11, Chapter II of this Decree as follows:

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

a) To issue warnings;

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

2. The Station Commander, the Team Leader of the person prescribed in Clause 1 of this Article have the right to:

a) To issue warnings;

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

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

a) To issue warnings;

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

c) Confiscate the objects and means of administrative violations with a value not exceeding the fine amount prescribed in Point b of this Clause;

d) Apply remedial measures as stipulated in Chapter II of this Decree.

4. The Head of the Public Security Department of the district has the right:

a) To issue warnings;

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

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

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

đ) Apply remedial measures prescribed in Chapter II of this Decree.

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

a) To issue warnings;

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

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

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

đ) Apply remedial measures prescribed in Chapter II of this Decree.

Article 16. Competence to impose penalties of the Coast Guard

The Coast Guard has the authority to impose penalties for violations specified in Article 9, Article 12, Chapter II of this Decree as follows:

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

a) To issue warnings;

b) To impose fines up to VND 1,000,000.

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

a) To issue warnings;

b) Impose a fine up to 2,500,000 VND.

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

a) To issue warnings;

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

c) Apply remedial measures as stipulated in Chapter II of this Decree.

4. The maritime squadron commander have the right to:

a) To issue warnings;

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

c) Confiscate the objects and means of administrative violations with a value not exceeding the fine amount prescribed in Point b of this Clause;

d) Apply remedial measures as stipulated in Chapter II of this Decree.

5. Chiefs of coast guard fleets have the authority to:

a) To issue warnings;

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

c) Confiscate the objects and means of administrative violations with a value not exceeding the fine amount prescribed in Point b of this Clause;

d) Apply remedial measures as stipulated in Chapter II of this Decree.

6. Commanders of Coast Guard Zones have the right:

a) To issue warnings;

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

c) Confiscate the objects and means of administrative violations with a value not exceeding the fine amount prescribed in Point b of this Clause;

d) Apply remedial measures as stipulated in Chapter II of this Decree.

7. Directors of the Coast Guard Department have the right:

a) To issue warnings;

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

c) Confiscate the objects and means of administrative violations with a value not exceeding the fine amount prescribed in Point b of this Clause;

d) Apply remedial measures as stipulated in Chapter II of this Decree.

Article 17. Competence to impose penalties of the Market Management

The Market Management has the authority to impose penalties for violations specified in Clause 6, Article 5; Clause 4, Article 6; Point b, Clause 2, Article 9; Point c, Clause 2, Article 11, Chapter II of this Decree as follows:

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

a) To issue warnings;

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

2. The Team Leader of the Market Management Team has the right:

a) To issue warnings;

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

c) Confiscate the objects and means of administrative violations with a value not exceeding the fine amount prescribed in Point b of this Clause;

d) Apply remedial measures as stipulated in Article 5, Article 6, Article 9, Article 11, Chapter II of this Decree.

3. The Director of the Market Management Branch under the Department of Industry and Trade, the Head of the Anti-Smuggling Department, the Head of the Anti-Counterfeit Goods Department, the Head of the Quality Control Department under the Market Management Bureau have the right:

a) To issue warnings;

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

c) Confiscate the objects and means of administrative violations with a value not exceeding the fine amount prescribed in Point b of this Clause;

d) Suspend the use of business licenses and professional certificates for a period of time;

d) Apply remedial measures as stipulated in Article 5, Article 6, Article 9, Article 11, Chapter II of this Decree.

Article 18. Competence to impose penalties of the Customs

The Customs has the authority to impose penalties for violations specified in Clause 6, Article 5; Point b, Clause 2, Article 9; Points a, e, g, Clause 6, Article 10; Point c, Clause 2, Article 11, Chapter II of this Decree as follows:

1. Customs officials performing official duties have the right to:

a) To issue warnings;

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

2. The Team Leader of the Customs Branch, the Team Leader of the Post-Clearance Inspection Branch have the right:

a) To issue warnings;

b) Impose a fine up to 5,000,000 VND.

3. The Director of the Customs Branch, the Director of the Post-Clearance Inspection Branch, the Team Leader of the Supervision Team under the Provincial, Inter-Provincial, or Central City Customs Bureau, the Team Leader of the Anti-Smuggling Supervision Team, the Team Leader of the Customs Procedures Team, the Commander of the Marine Supervision Squadron, and the Team Leader of the Intellectual Property Protection Supervision Team under the Anti-Smuggling Investigation Bureau of the General Customs Department have the right:

a) To issue warnings;

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

c) Confiscate the objects and means of administrative violations with a value not exceeding the fine amount prescribed in Point b of this Clause;

d) Suspend the use of business licenses and professional certificates for a period of time;

d) Apply remedial measures as stipulated in Article 5, Article 9, Article 10, Article 11, Chapter II of this Decree.

Article 19. Competence to impose penalties of the Maritime Port Authority

The Maritime Port Authority has the competence to impose penalties for violations of the provisions set forth in Article 10, Chapter II of this Decree as follows:

1. The Representative Director of the Maritime Port Authority has the authority:

a) To issue warnings;

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

c) To confiscate evidence and means of administrative violation with a value not exceeding the amount of fine prescribed in Point b Clause of this Article.

2. The Director of the Maritime Port Authority has the authority:

a) To issue warnings;

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

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

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

d) To apply measures to remedy consequences prescribed in Article 10, Chapter II of this Decree.

Article 20. Competence to impose penalties of the Inland Waterway Port Authority

The Inland Waterway Port Authority has the competence to impose penalties for violations of the provisions set forth in Article 9, Chapter II of this Decree as follows:

1. The Representative Director of the Inland Waterway Port Authority has the authority:

a) To issue warnings;

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

c) To confiscate evidence and means of administrative violation with a value not exceeding the amount of fine prescribed in Point b Clause of this Article.

2. The Director of the Inland Waterway Port Authority under the Vietnam Inland Waterway Administration has the authority:

a) To issue warnings;

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

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

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

d) To apply measures to remedy consequences prescribed in Article 9, Chapter II of this Decree.

Article 21. Competence to draw up administrative violation records

1. When performing official duties, those persons authorized to impose penalties for administrative violations as stipulated in Articles 13, 14, 15, 16, 17, 18, 19, and 20 of this Decree have the authority to draw up administrative violation records within their field of management and protection of national borders.

2. Officers and soldiers of Border Guard units stationed in border areas and islands have the authority to draw up administrative violation records within their field of management and protection of national borders, and such records must be transferred to the person authorized to impose penalties to proceed with punishment according to the law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 22. Effectiveness

1. This Decree takes effect from January 1, 2014.

2. This Decree replaces Government Decree No. 129/2006/NĐ-CP dated October 31, 2006 on penalties for administrative violations in the management and protection of national borders.

Article 23. Transitional Provisions

1. For administrative violations in the field of management and protection of national borders occurring before the effective date of this Decree but discovered or being examined and resolved thereafter, if the provisions on penalties for administrative violations in this Decree are more favorable to the individual or organization committing the violation, then these provisions shall be applied to handle the case.

2. For decisions on penalties for administrative violations that have been issued or fully executed before the effective date of the Law on Handling Administrative Violations and this Decree, if the individual or organization subject to penalty still lodges a complaint, then the provisions of the Administrative Violation Handling Ordinance and Government Decree No. 129/2006/NĐ-CP dated October 31, 2006 on penalties for administrative violations in the management and protection of national borders shall be applied to resolve the matter.

Article 24. Responsibility for Implementation

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

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