Decree No. 18/2020/ND-CP on Administrative Sanctions for Violations in the Field of Surveying and Mapping

DECREE

Administrative Sanctions for Violations in the Field of Surveying and Mapping

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

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

Pursuant to the Law on Surveying and Mapping dated June 14, 2018;

At the proposal of the Minister of Natural Resources and Environment;

The Government issues this Decree on administrative sanctions for violations in the field of surveying and mapping.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violation, forms of sanction, levels of sanction, measures to remedy consequences; sanctioning authority, authority to issue administrative violation records in the field of surveying and mapping.

2. Other acts of administrative violation in the field of surveying and mapping not provided for in this Decree shall be subject to provisions in other Decrees of the Government on administrative sanctions in other fields of state management related thereto.

Article 2. Applicability

1. This Decree applies to organizations and individuals within the country and foreign organizations and individuals who commit administrative violations in the field of surveying and mapping on the territory of the Socialist Republic of Vietnam; persons with the authority to issue administrative violation records and the authority to impose administrative sanctions, agencies, organizations, and individuals related to the imposition of administrative sanctions in the field of surveying and mapping as prescribed in this Decree.

2. Organizations subject to administrative sanctions under this Decree include:

a) Enterprises established and operating in accordance with Vietnamese law; branches and representative offices of foreign enterprises operating in Vietnam;

b) Public service establishments;

c) Non-state-owned public institutions;

d) Cooperatives, Cooperative Federations;

đ) Foreign contractors as defined by laws on bidding;

e) State agencies committing violations that are not part of their assigned state management tasks;

g) Professional organizations operating in the field of surveying and mapping.

Article 3. Forms of Sanction and Measures to Remedy Consequences

1. Principal Forms of Sanction

For each act of administrative violation in the field of surveying and mapping, the violating organization or individual must bear one of the following principal forms of sanction:

a) Warning;

b) Fine.

2. Supplementary Forms of Sanction In addition to being subject to the forms of sanction prescribed in Clause 1 of this Article, organizations and individuals committing administrative violations in the field of surveying and mapping may, depending on the nature and degree of the violation, be subject to one or more supplementary forms of sanction as follows:

a) Suspension of the right to use surveying and mapping activity licenses and surveying and mapping practice certificates from three to twelve months;

b) Confiscate contraband items and means of transport for administrative violations;

c) Deportation.

3. Measures to remedy consequences

In addition to being subject to the forms of sanction prescribed in Clauses 1 and 2 of this Article, organizations and individuals committing administrative violations in the field of surveying and mapping may, depending on the nature and degree of the violation, be subject to one or more measures to remedy consequences as follows:

a) Compel restoration to the original condition.

b) Forced demolition of construction works or parts thereof;

c) Forced deletion of surveying and mapping data and products;

d) Forced recovery of surveying and mapping data and products, map publications;

đ) Forced correction of information, repair of surveying and mapping data and products, map publications;

e) Forced submission of information, data, surveying and mapping products;

g) Forced return of unlawful gains obtained through the commission of administrative violations;

h) Forced destruction of surveying and mapping products, map publications;

Article 4. Amount of fines and authority to impose fines

1. The maximum amount of fine for a single administrative violation in the field of surveying and mapping for individuals is 50,000,000 VND and for organizations is 100,000,000 VND.

2. The amount of fine prescribed in Chapter II of this Decree is the fine for the administrative violation committed by an individual; the fine for the administrative violation committed by an organization is twice the fine for the same administrative violation committed by an individual.

3. The authority to impose fines of those persons specified from Article 14 to Article 22 of this Decree is the authority to apply to a single administrative violation committed by an individual; for an administrative violation committed by an organization, the person with authority to impose fines shall be twice the amount of fine for an individual.

Chapter II

ADMINISTRATIVE VIOLATIONS IN THE FIELD OF SURVEYING AND MAPPING, FORMS OF PENALTIES, AMOUNTS OF FINES AND REMEDIAL MEASURES FOR THE CONSEQUENCES OF ADMINISTRATIVE VIOLATIONS

AND THE MAP, FORM OF ADMINISTRATIVE PENALTY, AMOUNT OF ADMINISTRATIVE PENALTY AND REMEDIAL MEASURES

FOR THE CONSEQUENCES OF VIOLATIONS OF ADMINISTRATIVE LAW

Article 5. Violation of conditions for operating surveying and mapping services

1. A fine of from five million to ten million Vietnamese dong shall be imposed for any of the following acts:

a) Erasing, altering to distort the content of the practice certificate for surveying and mapping;

b) Practicing surveying and mapping not in accordance with the content recorded in the practice certificate.

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

a) Distorting the content in the application file for a surveying and mapping operation permit;

b) Practicing surveying and mapping without a practice certificate or practicing surveying and mapping during the period when the right to use the practice certificate has been revoked;

c) Operating surveying and mapping when failing to maintain the conditions required to obtain a surveying and mapping operation permit.

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

a) Operating surveying and mapping not in accordance with the content of the surveying and mapping operation permit;

b) Erasing, altering to distort the content of the surveying and mapping operation permit;

c) Operating surveying and mapping when the surveying and mapping operation permit has expired.

4. A fine of between 40,000,000 VND and 50,000,000 VND for the act of operating surveying and mapping without a permit or operating surveying and mapping during the period when the right to use the surveying and mapping operation permit has been revoked.

5. Additional forms of punishment:

a) Confiscate the objects and means of committing administrative violations as stipulated in point a Clause 1, point a Clause 2, and point b Clause 3 of this Article;

b) Revoke the right to use the surveying and mapping operation permit for three to twelve months for the act stipulated in point c Clause 2 of this Article.

6. Measures to remedy consequences:

Order the destruction of data and surveying and mapping products resulting from the acts stipulated in point b Clause 2 and Clause 4 of this Article that do not meet the quality requirements under the laws on surveying and mapping.

Article 6. Violation of regulations on construction, use, and protection of surveying infrastructure works

1. A fine of between 2,000,000 VND and 4,000,000 VND for the act of not reporting to the People's Committee of the commune when using surveying markers.

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

a) Constructing, repairing, or renovating architectural works within the protected zone of surveying infrastructure works without complying with the provisions of the land law regarding the protected zone of safe works and other related laws;

b) Moving or demolishing surveying markers without the approval of the management agency of such markers.

3. A fine of between 10,000,000 VND and 20,000,000 VND for the act of destroying or damaging surveying markers.

4. A fine of between 40,000,000 VND and 50,000,000 VND for the act of investing in constructing a satellite positioning station network for business purposes not according to the list of investment projects encouraged by ministries, ministerial-level agencies, government agencies, and provincial People's Committees.

5. Measures to remedy consequences:

a) Order restoration to the original state for the acts stipulated in point b Clause 2 and Clause 3 of this Article;

b) Order demolition of the construction work or part thereof for the act stipulated in point a Clause 2 of this Article;

c) Order dismantling of the satellite positioning station for the act stipulated in Clause 4 of this Article.

Article 7. Violations in the establishment and implementation of projects, technical design - budget estimates, surveying and mapping tasks

1. A fine of VND 1,000,000 to VND 3,000,000 for the act of not using or inaccurately representing standardized and published place names in surveying and mapping activities.

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

a) Using information, data, and products from surveying and mapping without clear origins in the establishment and implementation of projects, technical design - budget estimates, surveying and mapping tasks;

b) Not conducting verification of measuring instruments listed in the Catalogue of measuring instruments used in surveying and mapping activities as required by the Minister of Science and Technology;

c) Using measuring instruments that do not meet technical standards in the implementation of projects, technical design - budget estimates, surveying and mapping tasks;

d) Inaccurately representing administrative boundary lines on information, data, and products from surveying and mapping in the implementation of projects, technical design - budget estimates, surveying and mapping tasks.

3. A fine of VND 30,000,000 to VND 40,000,000 for any of the following acts:

a) Falsifying or distorting data and products from surveying and mapping in the implementation of projects, technical design - budget estimates, surveying and mapping tasks;

b) Inaccurately representing national borders and territorial sovereignty on information, data, and products from surveying and mapping in the implementation of projects, technical design - budget estimates, surveying and mapping tasks;

c) Not using basic information, data, and products from surveying and mapping in the establishment and implementation of specialized projects, technical design - budget estimates, surveying and mapping tasks;

d) Not using national geographic spatial data in implementing planning tasks, developing economic and social development plans, programs, defense, security projects, and other activities serving state management.

4. Additional forms of administrative punishment:

Revoking the license for surveying and mapping activities and the professional certificate for surveying and mapping from three to twelve months for the act specified in point a, Clause 3 of this Article.

5. Measures to remedy consequences:

a) Ordering the cancellation of data and products from surveying and mapping for the acts specified in points b and c, Clause 2, and point a, Clause 3 of this Article;

b) Ordering corrections to information, revisions to data and products from surveying and mapping, and publication of corrected maps for the acts specified in Clause 1, point d, Clause 2, and point b, Clause 3 of this Article.

Article 8. Violations concerning quality control of surveying and mapping products

1. A fine of from five million to ten million Vietnamese dong shall be imposed for any of the following acts:

a) Not conducting verification of measuring instruments listed in the Catalogue of measuring instruments used in surveying and mapping activities as required by the Minister of Science and Technology;

b) Using measuring instruments that do not meet technical standards to check the quality of surveying and mapping products;

c) Conducting quality checks of surveying and mapping products for the principal investor when the contractor, organization, or individual has not fully conducted quality checks of products for the construction unit as required by the law on surveying and mapping.

2. A fine of VND 10,000,000 to VND 20,000,000 for any of the following acts:

a) Conducting incomplete quality checks of surveying and mapping products as required by the law on surveying and mapping;

b) Falsifying or distorting data and products from surveying and mapping during the quality check process of surveying and mapping products.

3. Additional forms of punishment:

Revoking the license for surveying and mapping activities and the professional certificate for surveying and mapping from three to twelve months for the act specified in point b, Clause 2 of this Article.

4. Measures to remedy consequences:

Ordering the cancellation of data and products from surveying and mapping due to the implementation of the acts specified in points a and b, Clause 1, and point b, Clause 2 of this Article.

Article 9. Violation of reporting regulations on surveying and mapping activities

1. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for the act of not reporting to the licensing authority when there is a change in the technical responsible person or when there is a change in the main office address.

2. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed for the act of not implementing reports on surveying and mapping activities as prescribed by laws on surveying and mapping.

Article 10. Violation of regulations on submission, provision, exploitation, use, and exchange of information, data, and products of surveying and mapping

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

a. Using information, data, and products of surveying and mapping to implement projects, designs, technical estimates, and surveying and mapping tasks that do not match the requirements stated in the request form for information, data, and products of surveying and mapping;

b. Exchanging and providing information, data, and products of surveying and mapping, which are state assets, to organizations and individuals inside or outside the country in violation of laws on surveying and mapping;

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for the act of not submitting information, data, and products of surveying and mapping for storage as prescribed by laws on surveying and mapping.

3. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for the act of international exchange, import, and export of information, data, and products of surveying and mapping related to national territorial sovereignty without properly reflecting or incorrectly reflecting national sovereignty and borders as prescribed by laws on surveying and mapping.

4. Additional forms of administrative punishment:

a. Confiscation of contraband items and means of administrative violations for the act stipulated in Clause 3 of this Article;

b. Foreign individuals committing administrative violations stipulated in Clause 3 of this Article may be subject to expulsion from the Socialist Republic of Vietnam depending on the severity of the violation.

5. Measures to remedy consequences:

a. Compel the return of illegal profits obtained from the act stipulated at point b of Clause 1 of this Article;

b. Compel the submission of information, data, and products of surveying and mapping as prescribed for the act stipulated in Clause 2 of this Article;

c. Compel the recovery of data, products of surveying and mapping, and map publications for the act stipulated in Clause 3 of this Article;

d. Compel the destruction of products of surveying and mapping and map publications for the act stipulated in Clause 3 of this Article.

Article 11. Violation of regulations on publishing and circulating products of surveying and mapping, map publications

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of publishing and circulating products of surveying and mapping, map publications that inaccurately reflect administrative boundaries as prescribed by laws on surveying and mapping.

2. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for the act of circulating products of surveying and mapping, map publications related to national territorial sovereignty without properly reflecting or incorrectly reflecting national sovereignty and borders as prescribed by laws on surveying and mapping.

3. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for the act of publishing products of surveying and mapping, map publications related to national territorial sovereignty without properly reflecting or incorrectly reflecting national sovereignty and borders as prescribed by laws on surveying and mapping.

4. Additional forms of administrative punishment:

a. Confiscation of contraband items and means of administrative violations for the acts stipulated in Clauses 2 and 3 of this Article;

b. Foreign individuals committing administrative violations stipulated in Clauses 2 and 3 of this Article may be subject to expulsion from the Socialist Republic of Vietnam depending on the severity of the violation.

5. Measures to remedy consequences:

a. Compel correction of information, modification of data, products of surveying and mapping, and map publications for the acts stipulated in Clauses 1 and 2 of this Article;

b. Compel the recovery of data, products of surveying and mapping, and map publications for the acts stipulated in Clauses 2 and 3 of this Article;

c. Compel the destruction of products of surveying and mapping and map publications for the act stipulated in Clause 3 of this Article;

d. Compel the return of illegal profits obtained for the acts stipulated in Clauses 2 and 3 of this Article.

Article 12. Acts obstructing the lawful surveying and mapping activities of agencies, organizations, and individuals

1. A fine of from VND 2,000,000 to VND 3,000,000 for acts obstructing organizations and individuals in using survey markers when conducting lawful surveying activities.

2. A fine of from VND 5,000,000 to VND 10,000,000 for acts obstructing the lawful surveying and mapping activities of agencies, organizations, and individuals.

Article 13. Acts exploiting surveying and mapping activities to harm national interests, ethnic interests, and the lawful rights and interests of organizations and individuals

1. A fine of from VND 10,000,000 to VND 20,000,000 for acts exploiting surveying and mapping activities to infringe upon the lawful rights and interests of organizations and individuals.

2. A fine of from VND 40,000,000 to VND 50,000,000 for acts exploiting surveying and mapping activities to infringe upon national interests and ethnic interests.

3. Additional forms of punishment:

a) Seizure of contraband items and means of administrative violation for acts prescribed in Clause 2 of this Article;

b) Suspension of the right to use surveying and mapping activity licenses and surveying and mapping profession certificates for from three to twelve months for acts prescribed in Clause 2 of this Article.

c) Foreign individuals committing administrative violations prescribed in Clause 2 of this Article may be subject to expulsion from the Socialist Republic of Vietnam depending on the severity of the violation.

4. Measures to remedy consequences:

Compel the return of unlawful gains for acts prescribed in Clause 2 of this Article.

Chapter III

AUTHORITY TO IMPOSE ADMINISTRATIVE SANCTIONS,

TO ISSUE ADMINISTRATIVE VIOLATION NOTICES AND APPLY REMEDIAL MEASURES

 TO MITIGATE THE CONSEQUENCES IN THE FIELD OF SURVEYING AND MAPPING

Article 14. Authority of Chairpersons of People's Committees at all levels to impose administrative sanctions

The Chairperson of the People's Committee has the authority to impose administrative sanctions on administrative violations in the field of surveying and mapping as stipulated in Chapter II of this Decree, specifically as provided in Articles 1, 2, and 3 of this Decree.

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

a) To issue warnings;

b) A fine up to VND 5,000,000

b) Suspension of the right to use surveying and mapping activity licenses and surveying and mapping profession certificates for from three to twelve months;

d) Seizure of contraband items and means of administrative violation with a value not exceeding VND 5,000,000;

đ) Application of remedial measures as prescribed in Point a, Clause 3, Article 3 of this Decree.

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) Suspension of the right to use surveying and mapping activity licenses and surveying and mapping profession certificates for from three to twelve months;

d) Seizure of contraband items and means of administrative violation with a value not exceeding VND 25,000,000;

đ) Application of remedial measures as prescribed in Clause 3, Article 3 of this Decree.

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

a) To issue warnings;

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

c) Suspension of the right to use surveying and mapping activity licenses and surveying and mapping profession certificates for from three to twelve months;

d) Confiscate contraband and means of administrative violation;

đ) Application of remedial measures as prescribed in Clause 3, Article 3 of this Decree.

Article 15. Authority of specialized inspectors and agencies assigned the task of specialized inspection in natural resources and environment to impose administrative sanctions

Specialized inspectors and agencies assigned the task of specialized inspection in natural resources and environment have the authority to impose administrative sanctions on administrative violations in the field of surveying and mapping as stipulated in Chapter II of this Decree, specifically as provided in Articles 1, 2, 3, and 4 of this Decree.

1. Inspectors and persons assigned to perform specialized inspection tasks in the field of natural resources and environment while performing their duties have the right:

a) To issue warnings;

b) Seizure of contraband items and means of administrative violation with a value not exceeding VND 500,000;

c) Application of remedial measures as prescribed in Point a, Clause 3, Article 3 of this Decree.

2. Heads of Inspection Departments of Provincial Natural Resources and Environment Departments, Heads of provincial-level specialized inspection teams, and Heads of specialized inspection teams of agencies assigned the function of specialized inspection have the right:

a) To issue warnings;

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

c) Suspension of the right to use surveying and mapping activity licenses and surveying and mapping profession certificates for from three to twelve months;

d) Seizure of contraband items and means of administrative violation with a value not exceeding VND 25,000,000;

đ) Application of remedial measures as prescribed in Clause 3, Article 3 of this Decree. Heads of central-level specialized inspection teams have the right: To issue warnings; To impose fines up to VND 35,000,000; To suspend the right to use surveying and mapping activity licenses and surveying and mapping profession certificates for from three to twelve months; To seize contraband items and means of administrative violation with a value not exceeding VND 35,000,000;

đ) Application of remedial measures as prescribed in Clause 3, Article 3 of this Decree.

4. Heads of the Ministry of Natural Resources and Environment's Inspection Department, Directors of the Vietnam Geological and Mineral Resources General Department, Directors of the Vietnam Environment General Department, and Directors of the Land Management General Department have the right:

a) To issue warnings;

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

c) Suspension of the right to use surveying and mapping activity licenses and surveying and mapping profession certificates for from three to twelve months;

d) Confiscate contraband and means of administrative violation;

đ) Application of remedial measures as prescribed in Clause 3, Article 3 of this Decree.

Article 16. Competence to impose administrative sanctions of the People's Public Security Force

The competence to impose administrative sanctions and apply measures to remedy consequences of the People's Public Security shall be implemented in accordance with Article 39 of the Law on Handling Administrative Violations. The person authorized to impose administrative sanctions of the public security agency has the authority to impose sanctions for acts prescribed in Clause 1 and Clause 3 of Article 10, Clause 1, 2 and 3 of Article 11, Article 12, Clause 1 and 2 of Article 13 of this Decree within their jurisdiction and according to their functions, tasks, and granted powers, specifically as provided in Clauses 1, 2, 3, and 4 of this Article.

1. Chiefs of Public Security at commune level, Chiefs of Public Security posts; Chiefs of Border Gate Police Stations, industrial zones have the right to: Seize contraband items and means of transportation involved in administrative violations with a value not exceeding 2,500,000 VND.

2. Chiefs of Public Security at district level, Heads of Departments under Provincial Public Security including Heads of Economic Security Department, Heads of Cybersecurity and High-Tech Crime Prevention Department, Heads of Social Order Crimes Investigation Department, Heads of Corruption, Economy, Smuggling Crimes Investigation Department, Heads of Environmental Crime Prevention Department, Heads of Social Order Administration Management Department, Heads of Traffic Police Department or Highway-Railway Traffic Police Department, Waterway Traffic Police Department, Heads of Departments under Highway Police Corps, Heads of Internal Political Security Department have the right to:

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

b) Suspension of the right to use surveying and mapping activity licenses and surveying and mapping profession certificates for from three to twelve months;

c) Seize contraband items and means of transportation involved in administrative violations with a value not exceeding 10,000,000 VND;

d) Apply remedial measures prescribed in points d, đ, and h of Clause 3 of Article 3 of this Decree.

3. Directors of Provincial Public Security have the right to:

b) Suspend the operation permit for surveying and mapping activities and surveying and mapping practice certificates from three to twelve months;

c) Seize contraband items and means of transportation involved in administrative violations with a value not exceeding 25,000,000 VND;

d) Expel;

đ) Apply remedial measures prescribed in points d, đ, g, and h of Clause 3 of Article 3 of this Decree.

4. Chiefs of Economic Security Bureau, Chiefs of Cybersecurity and High-Tech Crime Prevention Bureau, Chiefs of Social Order Crimes Investigation Bureau, Chiefs of Environmental Crime Prevention Bureau, Chiefs of Social Order Administration Management Bureau, Chiefs of Traffic Police Bureau, Chiefs of Internal Political Security Bureau, Chiefs of Corruption, Economy, Smuggling Crimes Investigation Bureau have the right to:

a) Impose fines up to VND 50,000,000;

b) Suspension of the right to use surveying and mapping activity licenses and surveying and mapping profession certificates for from three to twelve months;

c) To confiscate objects and means of administrative violations;

d) Apply remedial measures prescribed in points d, đ, g, and h of Clause 3 of Article 3 of this Decree.

5. Chief of Exit-Entry Administration Bureau has the right to:

a) Impose fines up to VND 50,000,000;

b) Suspension of the right to use surveying and mapping activity licenses and surveying and mapping profession certificates for from three to twelve months;

c) To confiscate objects and means of administrative violations;

d) Expel;

đ) Apply remedial measures prescribed in points d, đ, g, and h of Clause 3 of Article 3 of this Decree.

Article 17. Competence to impose administrative sanctions of the Border Guard Force

The person authorized to impose administrative sanctions of the Border Guard Force has the authority to impose sanctions and apply measures to remedy consequences for violations prescribed in point b of Clause 1 and Clause 3 of Article 10, Clause 2 of Article 11, Article 12, Clause 1 and 2 of Article 13 of this Decree within their jurisdiction and according to their functions, tasks, and granted powers, specifically as provided in Clauses 1 and 2 of this Article.

1. Chiefs of Border Guard Posts, Chiefs of Border Guard Fleets, and Commanders of Border Guard Command Port-Customs have the right to:

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

b) Seize contraband items and means of transportation involved in administrative violations with a value not exceeding 10,000,000 VND;

c) Apply remedial measures prescribed in points d and đ of Clause 3 of Article 3 of this Decree.

2. Commanders of Provincial Border Guard Forces, Commanders of Border Guard Fleets subordinate to the Border Guard Command have the right to:

a) Impose fines up to VND 50,000,000;

b) Confiscate contraband items and means of transport for administrative violations;

c) Apply remedial measures prescribed in points d, đ, and g of Clause 3 of Article 3 of this Decree.

Article 18. Administrative Offense Penalty Authority of the Coast Guard

The person authorized to impose administrative penalties by the Coast Guard has the authority to impose penalties and apply measures to remedy consequences for administrative offenses specified in Clause 1, Point b Clause 2, Clause 3 and 4 Article 5, Clause 2, 3 and 4 Article 6, Point c and d Clause 2, Point b and d Clause 3 Article 7, Point b Clause 1 and Clause 3 Article 10, Clause 1, 2 and 3 Article 11, Article 12, Clause 1 and 2 Article 13 of this Decree, within their jurisdiction and according to assigned functions, tasks, and authorities, specifically as provided in Clauses 1, 2, 3, 4 and 5 of this Article.

1. The Head of the Coast Guard Business Team, the Head of the Coast Guard Station have the authority: To impose fines up to VND 5,000,000.

2. The Commander of the Coast Guard Squadron has the authority:

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

b) Seize contraband items and means of transportation involved in administrative violations with a value not exceeding 10,000,000 VND;

c) To apply remedial measures as stipulated in Point d, đ and h Clause 3 Article 3 of this Decree.

3. The Commander of the Coast Guard Flotilla has the authority:

a) Fine up to fifteen million VND;

b) To confiscate contraband items and means of transportation with a value not exceeding VND 15,000,000;

c) To apply remedial measures as stipulated in Point d, đ, g and h Clause 3 Article 3 of this Decree.

4. The Commander of the Coast Guard Region has the authority:

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

b) To confiscate contraband items and means of transportation with a value not exceeding VND 25,000,000;

c) To apply remedial measures as stipulated in Point d, đ, g and h Clause 3 Article 3 of this Decree.

5. The Commander of the Coast Guard has the authority:

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

b) Confiscate contraband items and means of transport for administrative violations;

c) To apply remedial measures as stipulated in Point d, đ, g and h Clause 3 Article 3 of this Decree.

Article 19. Administrative Offense Penalty Authority of Customs

The person authorized to impose administrative penalties by Customs has the authority to impose penalties and apply measures to remedy consequences for acts specified in Point b Clause 1 and Clause 3 Article 10, Clause 2 Article 11 of this Decree, within their jurisdiction and according to assigned functions, tasks, and authorities, specifically as provided in Clauses 1, 2 and 3 of this Article.

1. The Director of the Customs Branch, the Director of the Post-Customs Inspection Branch, the Head of the Control Team under the Provincial Customs Department, the Head of the Anti-Smuggling Control Team, the Head of the Customs Procedure Team, the Commander of the Maritime Control Squadron, and the Head of the Intellectual Property Protection Control Team under the Anti-Smuggling Investigation Bureau of the General Department of Customs have the authority:

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

b) To confiscate contraband items and means of transportation with a value not exceeding VND 25,000,000;

c) To apply remedial measures as stipulated in Point d, đ, g and h Clause 3 Article 3 of this Decree.

2. The Director of the Anti-Smuggling Investigation Bureau, the Director of the Post-Customs Inspection Bureau under the General Department of Customs, and the Director of the Provincial Customs Department have the authority:

a) Impose fines up to VND 50,000,000;

b) To confiscate contraband items and means of transportation with a value not exceeding VND 50,000,000;

c) To apply remedial measures as stipulated in Point d, đ, g and h Clause 3 Article 3 of this Decree.

3. The Director-General of the General Department of Customs has the authority:

a) Impose fines up to VND 50,000,000;

b) Confiscate contraband items and means of transport for administrative violations;

c) To apply remedial measures as stipulated in Point d, đ, g and h Clause 3 Article 3 of this Decree.

Article 20. Administrative Offense Penalty Authority of Market Management

The person authorized to impose administrative penalties by Market Management has the authority to impose penalties and apply measures to remedy consequences for acts specified in Point b Clause 1 and Clause 3 Article 10, Clause 2 Article 11 of this Decree, within their jurisdiction and according to assigned functions, tasks, and authorities, specifically as provided in Clauses 1, 2 and 3 of this Article.

1. The Head of the Market Management Team has the authority:

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

b) To confiscate contraband items and means of transportation with a value not exceeding VND 25,000,000;

c) To apply remedial measures as stipulated in Points d, đ, g and h Clause 3 Article 3 of this Decree.

2. The Director of the Provincial Market Management Bureau, the Director of the Market Management Operations Bureau have the authority:

a) Impose fines up to VND 50,000,000;

b) To confiscate contraband items and means of transportation with a value not exceeding VND 50,000,000;

c) To apply remedial measures as stipulated in Point g and h Clause 3 Article 3 of this Decree.

3. The Director-General of the General Department of Market Management has the authority:

a) Impose fines up to VND 50,000,000;

b) Confiscate contraband items and means of transport for administrative violations;

c) To apply remedial measures as stipulated in Point d, đ, g and h Clause 3 Article 3 of this Decree.

Article 21. Administrative Offense Penalty Authority of Maritime Port Services Office, Civil Aviation Port Services Office, Inland Waterway Port Services Office

The administrative offense penalty authority of the Maritime Port Services Office, Civil Aviation Port Services Office, and Inland Waterway Port Services Office has the authority to impose penalties and apply measures to remedy consequences for administrative offenses specified in point b, Clause 1 and Clause 3, Article 10, and Clause 2, Article 11 of this Decree, within their jurisdiction and according to their functions, tasks, and granted powers, specifically as provided in Clauses 1 and 2 of this Article.

1. The Head Representative of the Maritime Port Services Office, the Head Representative of the Civil Aviation Port Services Office, and the Head Representative of the Inland Waterway Port Services Office have the authority to impose fines up to VND 10,000,000.

2. The Director of the Maritime Port Services Office, the Director of the Civil Aviation Port Services Office, and the Director of the Inland Waterway Port Services Office under the Vietnam Inland Waterways Administration have the authority to:

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

b) To confiscate contraband items and means of transportation with a value not exceeding VND 25,000,000;

c) To apply remedial measures as stipulated in Point d, đ, g and h Clause 3 Article 3 of this Decree.

Article 22. Administrative Offense Penalty Authority of Specialized Inspectors and Agencies Assigned with Specialized Inspection Tasks in Transportation, Construction, Industry and Trade, Agriculture and Rural Development

1. The administrative offense penalty authority of specialized inspectors and agencies assigned with specialized inspection tasks is defined as follows:

a) Specialized inspectors and agencies assigned with specialized inspection tasks in transportation, industry and trade, agriculture, and rural development have the authority to impose penalties and apply measures to remedy consequences for violations specified in Articles 5, 7, 8, and 10 of this Decree;

b) Specialized inspectors and agencies assigned with specialized inspection tasks in construction have the authority to impose penalties and apply measures to remedy consequences for administrative offenses specified in Articles 5, 6, 7, 8, and 10 of this Decree.

2. Inspectors and persons assigned to perform specialized inspection tasks while on duty have the authority to:

a) To issue warnings;

b) Seizure of contraband items and means of administrative violation with a value not exceeding VND 500,000;

c) Apply measures to remedy consequences as stipulated in point a and point h, Clause 3, Article 3 of this Decree.

3. Heads of Provincial Inspectorates, Heads of Provincial Specialized Inspection Teams, and Heads of Specialized Inspection Teams of State Management Agencies assigned to perform specialized inspection functions have the authority to:

a) To issue warnings;

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

c) Suspend the right to use operation licenses for surveying and mapping and professional certificates for surveying and mapping from three to twelve months;

d) Confiscate contraband items and means of transport for administrative offenses with a value not exceeding VND 25,000,000;

đ) Apply measures to remedy consequences as stipulated in points c, d, and h, Clause 3, Article 3 of this Decree.

4. Heads of Inspectors of the Ministries of Transport, Industry and Trade, Agriculture and Rural Development; Directors General of the Vietnam Highway Administration, the Vietnam Water Resources Administration, the Vietnam Forestry Administration, the Vietnam Railway Administration, the Vietnam Maritime Administration, and the Vietnam Civil Aviation Administration have the authority to:

a) To issue warnings;

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

c) Suspension of the right to use surveying and mapping activity licenses and surveying and mapping profession certificates for from three to twelve months;

d) Confiscate contraband and means of administrative violation;

đ) Apply measures to remedy consequences as stipulated in points c, d, and h, Clause 3, Article 3 of this Decree.

Article 23. Authority to Draft Administrative Violation Records

Those authorized to draft administrative violation records in the field of surveying and mapping include:

1. Those authorized to impose administrative offense penalties as stipulated in Chapter III of this Decree.

2. Leaders of surveying and mapping inspection teams, civil servants, staff members, and personnel from the People's Public Security Forces and the People's Army in agencies stipulated from Article 14 to Article 22 of this Decree while performing their duties and tasks according to their assigned functions and responsibilities for inspection and supervision in the field of surveying and mapping.

3. Aircraft commanders, ship captains, ship leaders, and those tasked by aircraft commanders, ship captains, and ship leaders to draft records.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 24. Effective Date

1. This Decree takes effect from April 1, 2020.

2. This Decree abolishes Clause 3, Article 1, Chapter 3, and the phrase "surveying and mapping" in the name of the Decree, basis for issuance, name of Chapter 4, at Clause 1, Article 1, at Article 2, Clause 1, Article 3, point a, Clause 1, Article 20 of Decree No. 173/2013/NĐ-CP dated November 13, 2013 of the Government on administrative penalties for violations in the fields of meteorology, hydrology, surveying, and mapping; and abolishes the phrase "surveying and mapping" in Decree No. 84/2017/NĐ-CP dated July 18, 2017 of the Government amending and supplementing some articles of Decree No. 173/2013/NĐ-CP dated November 13, 2013 of the Government on administrative penalties for violations in the fields of meteorology, hydrology, surveying, and mapping.

Article 25. Transitional Provisions

1. For violations occurring before the effective date of this Decree but not yet penalized and currently being considered or resolved, or discovered after the effective date of this Decree, penalties shall be imposed according to the provisions of Decree No. 173/2013/NĐ-CP and Decree No. 84/2017/NĐ-CP. If the provisions on penalties in this Decree are more favorable to organizations and individuals, then the provisions of this Decree shall be applied for penalties.

2. For violations that have been decided upon and are enforceable but not yet executed or fully executed, they shall be enforced according to the previous penalty decision.

Article 26. Responsibility for Implementation

1. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial and centrally-administered city People's Committees, relevant agencies, organizations, and individuals are responsible for implementing this Decree.

2. The Minister of Natural Resources and Environment within the scope of his/her functions and tasks is responsible for organizing and guiding the implementation of this Decree./.