Decree No. 52/2012/ND-CP on administrative sanctions for violations in the field of fire prevention and fighting

DECREE

Regulations on Administrative Sanctions for Violations in Fire Prevention and Fighting

__________________________

 

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

Based on the Law on Fire Prevention and Fighting dated June 29, 2001;

Based on the Ordinance on Handling Administrative Violations dated July 2, 2002 and the Ordinance Amending and Supplementing Certain Articles of the Ordinance on Handling Administrative Violations dated April 2, 2008;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government issues this Decree to regulate administrative sanctions for violations in fire prevention and fighting,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violation, principles of punishment, forms of punishment, levels of fines, measures to remedy consequences, authority to impose punishment, procedures and formalities for imposing punishment, complaints, denunciations, and handling of complaints and denunciations regarding administrative sanctions in the field of fire prevention and fighting.

2. Acts of administrative violation in the field of fire prevention and fighting or related to this field that are not specified in this Decree but are regulated in other Government Decrees on administrative sanctions shall be subject to administrative sanctions according to the provisions of those Decrees.

Article 2. Applicability

Individuals and organizations committing acts of administrative violation in the field of fire prevention and fighting within the territory of the Socialist Republic of Vietnam shall be punished according to the provisions of this Decree and other relevant legal regulations on administrative sanctions.

Article 3. Principles of Administrative Sanctions

The principles of administrative sanctions in the field of fire prevention and fighting shall be implemented according to the provisions of Article 3 of the Ordinance on Handling Administrative Violations.

Article 4. Forms of Administrative Sanctions

1. For each act of administrative violation in the field of fire prevention and fighting specified in this Decree, individuals and organizations violating such acts must bear one of the following main forms of administrative sanction:

a) To issue warnings;

b) Fine.

2. Depending on the nature and degree of violation, individuals and organizations committing acts of administrative violation in the field of fire prevention and fighting may also be subject to one or more supplementary forms of administrative sanction as follows:

a) Revocation of license or practice certificate;

b) Confiscation of objects and means used to commit administrative violations.

3. In addition to the main forms of administrative sanction and supplementary forms of administrative sanction prescribed in Clause 1 and Clause 2 of this Article, individuals and organizations committing administrative violations in the field of fire prevention and fighting may also be subject to one or more remedial measures as follows:

a) Compel the implementation of measures to remedy environmental pollution caused by administrative violations;

b) Compel restoration to the original state before it was changed due to administrative violations or compel removal of unauthorized construction projects;

c) Compel remediation of unsafe conditions caused by administrative violations;

d) Compel reduction of quantities of hazardous substances concerning fire and explosion according to prescribed standards;

đ) Compel relocation of hazardous substances concerning fire and explosion caused by administrative violations to warehouses or designated locations;

e) Other remedial measures prescribed in Chapter II of this Decree.

4. Individuals committing acts of administrative violation in the field of fire prevention and fighting causing damage to organizations or individuals, in addition to being subject to administrative sanctions according to the provisions of Clause 1, Clause 2, and Clause 3 of this Article, must also compensate for damages according to civil law regulations.

5. Foreigners committing acts of administrative violation in the field of fire prevention and fighting within the territory of Vietnam may be expelled from the Socialist Republic of Vietnam. Expulsion may be a main form of administrative sanction or a supplementary form of administrative sanction. Authority, procedures, and formalities for applying expulsion as an administrative sanction shall be carried out according to current legal regulations on administrative expulsion through administrative procedures.

Chapter II

ACTS OF ADMINISTRATIVE VIOLATION AND FORMS OF SANCTION

Article 5. Violations in the issuance, dissemination, and implementation of regulations and internal rules on fire prevention and fighting

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

a) Not fully complying with internal rules and regulations on fire prevention and fighting;

b) Causing loss of effectiveness or allowing internal rules, fire orders, signs, prohibitory signs, and directional signs on fire prevention and fighting to become faded, unclear, or illegible.

c) Equipping internal rules, fire orders, signs, prohibitory signs, and directional signs on fire prevention and fighting not in accordance with prescribed standards.

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

a) Not arranging or posting fire orders, signs, prohibitory signs, and directional signs on fire prevention and fighting as prescribed;

b) Not complying with internal rules and regulations on fire prevention and fighting;

c) Not disseminating internal rules and regulations on fire prevention and fighting to persons under their management;

d) Issuing internal rules and regulations on fire prevention and fighting that are incomplete or not suitable for the fire and explosion hazards of the premises.

3. A fine from VND 1,000,000 to VND 2,000,000 shall be imposed for the act of not arranging or posting internal rules on fire prevention and fighting as prescribed.

4. A fine from VND 2,000,000 to VND 5,000,000 shall be imposed for the act of not issuing or issuing regulations and internal rules on fire prevention and fighting contrary to national regulatory legal documents.

5. Measures to remedy consequences:

a) Compel restoration to the original state altered due to administrative violations stipulated in Point b Clause 1 of this Article;

b) Compel issuance, dissemination, and posting of internal rules and regulations on fire prevention and fighting in accordance with regulations for the acts stipulated in Points a, c, d Clause 2, Clause 4 of this Article.

Article 6. Violations of regulations on fire safety inspection

1. A fine from VND 100,000 to VND 200,000 shall be imposed for the act of not presenting documents and materials for fire safety inspection.

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

a) Not fully implementing or not implementing within the prescribed time limit recommendations on fire prevention and fighting requested in writing by competent authorities;

b) Not assigning responsible persons to participate in fire safety inspection teams as prescribed;

c) Not conducting self-inspection of fire safety as prescribed.

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

a) Not organizing the implementation of guidance and directives on fire prevention and fighting issued by competent authorities;

b) Not implementing recommendations on fire prevention and fighting requested in writing by competent authorities;

c) Obstructing the activities of inspections and checks in the field of fire prevention and fighting by functional agencies.

4. A fine from VND 10,000,000 to VND 15,000,000 shall be imposed for the act that after the premises have been reviewed and accepted for fire prevention and fighting, before putting the premises into operation, the head of the premises does not issue a notification and sign a commitment that the premises meet all requirements and maintain conditions to ensure fire safety during the use of buildings, works, and production and business activities as prescribed.

Article 7. Violations concerning fire safety management records

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

a) Failure to conduct statistics and report on fire prevention and firefighting work as prescribed;

b) Fire safety management records lacking required documentation;

c) Failure to update information related to fire prevention and firefighting work in the management records when changes occur.

2. A fine of VND 1,000,000 to VND 3,000,000 for failure to establish fire safety management and monitoring records as prescribed.

Article 8. Violations concerning fire safety regulations in managing, storing, and using dangerous goods and materials prone to fire and explosion

1. Warning or a fine of VND 100,000 to VND 200,000 for failing to maintain tracking and management records for dangerous goods and materials prone to fire and explosion as prescribed.

2. A fine of VND 1,000,000 to VND 2,000,000 for exceeding quantities or improper arrangement of dangerous goods and materials prone to fire and explosion without adhering to prescribed groupings.

3. A fine of VND 2,000,000 to VND 5,000,000 for using containers or equipment for dangerous goods and materials prone to fire and explosion without certification or failing to meet fire safety conditions as prescribed.

4. A fine of VND 10,000,000 to VND 20,000,000 for illegally storing dangerous goods and materials prone to fire and explosion.

5. A fine of VND 20,000,000 to VND 30,000,000 for improperly using dangerous goods and materials prone to fire and explosion.

6. Additional forms of punishment:

Confiscation of dangerous goods and materials prone to fire and explosion for violations stipulated in Clause 4 and Clause 5 of this Article.

7. Measures to remedy consequences:

a) Order to establish tracking and management records for dangerous goods and materials prone to fire and explosion as prescribed for violations stipulated in Clause 1 of this Article.

b) Order to properly store, arrange, reduce quantities of dangerous goods and materials prone to fire and explosion as prescribed for violations stipulated in Clause 2 of this Article;

c) Order to move dangerous goods and materials prone to fire and explosion to designated storage locations as prescribed for violations stipulated in Clause 3 of this Article.

Article 9. Violations concerning fire safety regulations in producing and trading dangerous goods and materials prone to fire and explosion

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

a) Lack of prescribed static electricity prevention measures and equipment;

b) Lack of natural ventilation measures or forced ventilation equipment as prescribed.

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

a) Failure to install devices to detect and handle leaks of dangerous goods and materials prone to fire and explosion into the surrounding environment as prescribed;

b) Lack of emergency response plans or equipment for ruptured or broken tanks, pipelines, and containers holding crude oil, petroleum products, and other flammable liquids;

c) Loading, unloading, or transferring dangerous goods and materials prone to fire and explosion at unauthorized locations or transferring them to unsuitable containers not compatible with such goods and materials.

3. A fine of VND 10,000,000 to VND 20,000,000 for producing, trading, loading, unloading, or transferring dangerous goods and materials prone to fire and explosion without a permit as prescribed.

4. A fine of VND 20,000,000 to VND 25,000,000 for producing or trading dangerous goods and materials prone to fire and explosion that are prohibited from trade.

5. Additional forms of punishment:

Confiscation of dangerous goods and materials prone to fire and explosion for violations stipulated in Clause 3 and Clause 4 of this Article.

6. Measures to remedy consequences:

Order to remediate environmental pollution according to prescribed regulations for violations stipulated in Point a and Point b Clause 2 of this Article.

Article 10. Acts violating regulations on transporting flammable and explosive dangerous goods

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

a) Damaging or crumpling the Permit for transporting flammable and explosive dangerous goods;

b) Not carrying the Permit for transporting flammable and explosive dangerous goods as prescribed when transporting such goods;

c) Not removing or detaching the marking of flammable and explosive dangerous goods affixed to the transport vehicle when such goods have been moved from the transport vehicle;

d) Losing the Permit for transporting flammable and explosive dangerous goods but promptly reporting to the competent authority.

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

a) Arranging flammable and explosive dangerous goods on the transport vehicle not in accordance with the prescribed regulations;

b) Stopping or parking the transport vehicle carrying flammable and explosive dangerous goods at places not permitted as prescribed.

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

a) Not maintaining all conditions for fire prevention and firefighting safety when using motorized vehicles to transport flammable and explosive dangerous goods during the permitted transportation period as prescribed;

b) Transporting other goods together with flammable and explosive dangerous goods on the same transport vehicle without permission as prescribed;

c) Carrying persons not on duty on the transport vehicle carrying flammable and explosive dangerous goods.

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

a) Transporting flammable and explosive dangerous goods exceeding the quantity, volume, or type specified in the permit;

b) Not affixing the marking for transporting flammable and explosive dangerous goods on the transport vehicle as prescribed;

c) Not complying with the conditions for fire prevention and firefighting safety or not following the instructions of the authorized person in charge when loading, unloading, pumping, or transferring flammable and explosive dangerous goods out of the transport vehicle as prescribed;

d) Loading, unloading, pumping, or transferring flammable and explosive dangerous goods at a location that does not meet the prescribed fire prevention and firefighting safety conditions;

đ) Loading, unloading, pumping, or transferring flammable and explosive dangerous goods onto another vehicle while in transit without the permission of the authorized agency;

e) Altering or erasing the Permit for transporting flammable and explosive dangerous goods;

g) Losing the Permit for transporting flammable and explosive dangerous goods but not reporting to the competent authority.

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

a) Transporting flammable and explosive dangerous goods without the Permit for transporting flammable and explosive dangerous goods as prescribed;

b) Forging or using a forged permit to transport flammable and explosive dangerous goods.

6. Additional forms of punishment:

a) Revoking the right to use the Permit for transporting flammable and explosive dangerous goods for the act prescribed in Point e Clause 4 of this Article;

b) Confiscating flammable and explosive dangerous goods for the acts prescribed in Point b Clause 1, Point a, and Point b Clause 5 of this Article.

7. Measures to remedy consequences:

a) Ordering the rearrangement of flammable and explosive dangerous goods in accordance with the prescribed regulations for the act prescribed in Point a Clause 2 of this Article;

b) Ordering a reduction in the quantity, volume, or type of flammable and explosive dangerous goods in accordance with the prescribed regulations for the act prescribed in Point a Clause 4 of this Article;

c) Ordering the relocation of flammable and explosive dangerous goods to warehouses or locations as prescribed for the acts prescribed in Point a and Point b Clause 5 of this Article.

Article 11. Acts violating fire prevention and fighting regulations in the use of fire sources, heat sources, fire-producing equipment, and heat-producing equipment

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

a) Arranging cooking and worship areas that do not ensure safety in accordance with fire prevention and fighting regulations;

b) Bringing matches, lighters, mobile phones, electronic devices, or fire-producing and heat-producing equipment into places where such items are prohibited.

2. A warning or a fine of VND 200,000 to VND 500,000 shall be imposed for acts of using fire sources, heat sources, fire-producing equipment, and heat-producing equipment without ensuring the required safe distance in accordance with fire prevention and fighting regulations.

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

a) Using fire sources, mobile phones, electronic devices, or other fire-producing and heat-producing equipment in places where such use is prohibited;

b) Welding or cutting metal without measures to ensure safety in accordance with fire prevention and fighting regulations.

Article 12. Acts violating fire prevention and fighting regulations in the design, installation, management, and use of electricity

1. A warning or a fine of VND 100,000 to VND 200,000 shall be imposed for acts of failing to have fire prevention and fighting safety regulations in the use of electricity at facilities.

2. A fine of VND 200,000 to VND 500,000 shall be imposed for acts of using electrical equipment not in accordance with the manufacturer's instructions.

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

a) Failing to maintain the continuous operation of emergency lighting systems;

b) Changing the design or altering the main structure and parameters of the electrical system or electrical equipment without approval from authorized persons or agencies;

c) Installing or using electrical wiring, cables, circuit breakers, protective devices, or electrical consumption devices that do not ensure fire prevention and fighting safety;

d) Using electrical equipment beyond its rated capacity;

đ) Using electrical equipment in places where such use is prohibited.

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

a) Using electrical equipment that does not meet fire prevention and explosion protection requirements in hazardous environments;

b) Failing to have a backup power supply as prescribed.

5. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for acts of failing to design and install electrical systems serving fire prevention, firefighting, and rescue operations as prescribed.

6. Measures to remedy consequences:

Compel the correction of unsafe conditions caused by administrative violations stipulated in Clauses 3, 4, and 5 of this Article.

Article 13. Acts violating fire prevention and fighting safety regulations in the design, construction, inspection, and maintenance of lightning protection systems

1. A fine of VND 100,000 to VND 200,000 shall be imposed for acts of failing to maintain records of lightning protection systems as prescribed.

2. A fine of VND 200,000 to VND 500,000 shall be imposed for acts of failing to conduct regular inspections of lightning protection systems as prescribed.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for acts of failing to correct defects and damages that impair the effectiveness of lightning protection systems.

4. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for acts of failing to install lightning protection systems on buildings and structures that are required to have such systems according to regulations.

5. Measures to remedy consequences:

Compel the correction of unsafe conditions caused by administrative violations stipulated in Clause 3 of this Article.

Article 14. Acts violating fire prevention and fighting regulations in investment and construction

1. A fine of VND 100,000 to VND 200,000 shall be imposed for acts of failing to provide measures and means to ensure fire prevention and fighting safety during construction and building works.

2. A fine of VND 200,000 to VND 500,000 shall be imposed for acts of failing to design fire prevention and fighting systems for projects that are required to have such designs.

3. A fine of VND 1,000,000 to VND 5,000,000 shall be imposed for acts of putting buildings and projects into use without meeting one of the fire prevention and fighting safety conditions for projects that are not required to undergo fire prevention and fighting review according to regulations.

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

a) Conducting construction and installation not in accordance with approved fire prevention and fighting designs;

b) Failing to submit documents for re-review when renovating, expanding, or changing the use of buildings and projects during construction and use as prescribed.

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

a) Organizing construction and building works that require fire prevention and fighting review without obtaining a "Fire Prevention and Fighting Review Certificate" as prescribed;

b) Manufacturing or modifying motor vehicles with special requirements for fire prevention and fighting safety without prior approval from authorized agencies.

6. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for acts of putting buildings and projects into operation and use without organizing fire prevention and fighting acceptance as prescribed.

7. Measures to remedy consequences:

a) Compel the correction of conditions to ensure fire prevention and fighting safety for acts stipulated in Clause 1 of this Article;

b) Compel the reconstruction and installation of fire prevention and fighting components in accordance with approved fire prevention and fighting designs for acts stipulated at Point a of Clause 4 of this Article;

c) Compel the organization to correct unsafe conditions caused by administrative violations or compel the organization to allow state management agencies to accept fire prevention and fighting for acts stipulated in Clause 6 of this Article.

Article 15. Violations concerning fire prevention and firefighting safety distances

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

a) Arranging and placing materials, goods without ensuring the fire prevention and firefighting safety distances as prescribed;

b) Not organizing industrial cleaning leading to the possibility of creating an environment with fire and explosion hazards.

2. A fine of VND 2,000,000 to VND 5,000,000 for the act of constructing firewalls, fire partitions, or fire doors and other fire prevention measures that do not meet the requirements as prescribed.

3. A fine of VND 5,000,000 to VND 10,000,000 for any of the following acts:

a) Making ceilings, floors, fire partitions, shelters, or stacking flammable materials in places not permitted as prescribed;

b) Building houses in forests or near forests without ensuring fire spread prevention safety as prescribed.

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

a) Not clearing flammable substances located within the safe distance corridor of oil pipelines, natural gas, and petroleum products;

b) Constructing works violating fire separation distances.

5. A fine of VND 20,000,000 to VND 30,000,000 for any of the following acts:

a) Not constructing firewalls, fire partitions, fire doors, and other fire prevention measures as prescribed;

b) Causing the loss of fire prevention function of firewalls, fire partitions, fire doors, and other fire prevention measures.

6. Measures to remedy consequences:

a) Order to restore the initial state changed due to administrative violations stipulated in Point a Clause 1, Point b Clause 5 of this Article;

b) Order to dismantle illegal construction works for the violation stipulated in Point b Clause 3, Point b Clause 4 of this Article;

c) Order to rectify the unsafe conditions caused by administrative violations stipulated in Clause 2, Point a Clause 3, Point a Clause 4, Point a Clause 5 of this Article.

Article 16. Penalties for violations concerning evacuation in fire prevention and firefighting

1. Warning or a fine of VND 100,000 to VND 200,000 for designing exit doors not opening towards the direction of evacuation, installing mirrors in evacuation staircases.

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

a) Arranging and placing materials, goods, transportation means, and other objects obstructing evacuation routes;

b) Removing, dismantling, or damaging emergency lighting, signs, and directional signs on evacuation routes;

c) Not installing signs and directional signs for evacuation on evacuation routes.

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

a) Not having sufficient rescue equipment and tools as prescribed;

b) Not having ventilation and smoke exhaust equipment as prescribed for evacuation routes;

c) Not having emergency lighting on evacuation routes or having but not meeting the required brightness or not functioning;

d) Designing and constructing exit doors, evacuation routes, evacuation staircases insufficient in quantity, area, width, or not in accordance with regulations.

4. A fine of VND 5,000,000 to VND 15,000,000 for locking, blocking, or obstructing exit doors.

5. A fine of VND 15,000,000 to VND 25,000,000 for causing the loss of functionality of evacuation routes.

6. Measures to remedy consequences:

Order to rectify the unsafe conditions caused by administrative violations stipulated in Clauses 1, 2, 3, 4, and 5 of this Article.

Article 17. Violations concerning fire extinguishing plans of facilities

1. Warning or a fine of VND 100,000 to VND 200,000 for failing to manage fire extinguishing plans as prescribed.

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

a) Developing a fire extinguishing plan that does not meet requirements as prescribed;

b) Failing to disseminate fire extinguishing plans as prescribed.

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

a) Failing to submit fire extinguishing plans for approval as prescribed;

b) Failing to participate in fire extinguishing plan drills as prescribed;

c) Failing to supplement or amend fire extinguishing plans as prescribed;

d) Failing to fully drill all scenarios in approved fire extinguishing plans.

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

a) Failing to develop a fire extinguishing plan as prescribed;

b) Failing to organize fire extinguishing plan drills as prescribed.

5. Measures to remedy consequences:

Compel the correction of unsafe conditions caused by administrative violations stipulated in Clauses 1, 2, 3 and 4 of this Article.

Article 18. Violations concerning fire alarm information

1. Warning or a fine of VND 100,000 to VND 200,000 for allowing fire alarm communication equipment to become faulty or ineffective.

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

a) Not having prescribed fire alarm signals or communication devices;

b) Delaying fire alarms or failing to report them promptly; reporting fire alarms incompletely.

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

a) Reporting false fire alarms;

b) Failing to report fires or obstructing, hindering fire alarm communications;

c) Service providers failing to promptly repair fire alarm receiving equipment of firefighting authorities when requested in writing.

4. Measures to remedy consequences:

Compel the correction of initial conditions altered due to administrative violations stipulated in Clause 1 of this Article.

Article 19. Violations concerning fire prevention and firefighting equipment installation, maintenance, and use

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

a) Moving or changing the installation location of fire prevention and firefighting equipment according to the design approved by competent authorities;

b) Obstructing visibility of fire prevention and firefighting equipment.

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

a) Failing to regularly inspect and maintain fire prevention and firefighting systems and equipment as prescribed;

b) Equipping fire prevention and firefighting equipment inadequately or non-uniformly as prescribed;

c) Failing to equip commonly used firefighting equipment on passenger vehicles with four seats or more, or specialized vehicles transporting hazardous materials as prescribed.

3. A fine of VND 1,000,000 to VND 5,000,000 for any of the following acts:

a) Installing, equipping, or using fire prevention and firefighting equipment that has not been quality tested as prescribed;

b) Equipping fire prevention and firefighting equipment unsuitable for the fire and explosion hazards of the facility as prescribed;

c) Using firefighting equipment at the ready position for other purposes;

d) Failing to store sufficient firefighting water as prescribed.

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

a) Failing to equip commonly used firefighting equipment on buildings and structures as prescribed;

b) Causing loss, damage, or rendering fire prevention and firefighting equipment ineffective.

5. A fine of VND 10,000,000 to VND 20,000,000 for failing to install fire alarm and firefighting systems as prescribed.

6. Measures to remedy consequences:

a) Compel the correction of unsafe conditions caused by administrative violations stipulated in Clause 2, Clause 3, Point a Clause 4 and Clause 5 of this Article;

b) Compel the correction of initial conditions altered due to administrative violations stipulated in Point b Clause 4 of this Article.

Article 20. Violations concerning firefighting work

1. A warning or a fine of VND 100,000 to VND 200,000 shall be imposed on the act of entering the firefighting area without permission from the authorized person.

2. A fine of VND 200,000 to VND 500,000 shall be imposed on the act of failing to promptly carry out rescue operations for people and property or firefighting.

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

a) Not being prepared adequately with personnel, equipment, water sources, and other conditions required for firefighting as prescribed;

b) Not arranging traffic routes, access points to buildings and projects, and other open spaces for fire trucks and other mechanical firefighting equipment as prescribed.

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

a) Not complying with orders from the firefighting commander;

b) Not complying with mobilization orders for firefighting issued by the authorized person;

c) Obstructing the activities of firefighting forces and equipment;

d) Not participating in mitigating the aftermath of the fire when requested by the authorized person;

e) Not protecting the fire scene as prescribed.

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

a) Not organizing evacuation, rescue operations, or firefighting;

b) Exploiting firefighting activities to harm the health or lawful property of citizens and state property.

6. Measures to remedy consequences:

Compel the correction of unsafe conditions caused by administrative violations stipulated in Clause 3 of this Article.

Article 21. Violations concerning propaganda, dissemination of laws, knowledge, training, and education on fire prevention and firefighting

1. A warning or a fine of VND 100,000 to VND 200,000 shall be imposed on the act of damaging banners, slogans, posters, placards, pictures, and other propaganda materials promoting fire prevention and firefighting.

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

a) Not organizing the dissemination of laws and knowledge on fire prevention and firefighting as prescribed;

b) Using individuals as grassroots firefighting forces, drivers of motor vehicles with four seats or more, or drivers of motor vehicles transporting hazardous materials without undergoing fire prevention and firefighting training or not having obtained a certificate of completion of such training as prescribed.

3. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on the act of not organizing fire prevention and firefighting training as prescribed.

4. Measures to remedy consequences:

Forced restoration to the original condition prior to the administrative violation stipulated in Clause 1 of this Article.

Article 22. Violations concerning the establishment, organization, and management of grassroots and specialized firefighting forces

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

a) Not ensuring the number of personnel and shift time for fire prevention and firefighting safety;

b) Grassroots firefighting forces not using firefighting equipment provided at the premises proficiently.

2. A fine of VND 200,000 to VND 500,000 shall be imposed on the act of not organizing duty shifts at the premises as prescribed.

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

a) Establishing a grassroots or specialized firefighting team that does not meet requirements as prescribed;

b) Not managing or maintaining the operation of a grassroots or specialized firefighting team as prescribed.

4. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed on the act of not participating in fire prevention and firefighting activities when requested by the authorized person.

5. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of not establishing a grassroots or specialized firefighting team as prescribed.

6. Measures to remedy consequences:

Forced mitigation of the unsafe situation caused by the administrative violations stipulated in Clauses 1, 2, 3, and 5 of this Article.

Article 23. Violations in the activities of production, business of fire prevention and firefighting equipment and design for fire prevention and firefighting

1. A warning or a fine of from VND 1,000,000 to VND 3,000,000 shall be imposed on the design entity for fire prevention and firefighting that does not have the required legal status and technical expertise as prescribed.

2. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on individuals or organizations engaging in the business of fire prevention and firefighting equipment without meeting the conditions regarding material infrastructure, technical expertise, and training or instruction in fire prevention as prescribed.

3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of modifying fire-fighting vehicles, ships, or boats without permission from the competent authority.

4. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed on construction and installation entities for fire prevention and firefighting that do not have the required legal status and technical expertise as prescribed.

5. Measures to remedy consequences:

Obligation to eliminate unsafe conditions caused by administrative violations stipulated in Clauses 2, 3, and 4 of this Article.

Article 24. Violations concerning mandatory fire and explosion insurance

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of conducting business in mandatory fire and explosion insurance without measures to prevent and limit losses for insured parties as prescribed.

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

a) An establishment that must purchase mandatory fire and explosion insurance but fails to do so as prescribed;

b) Purchasing mandatory fire and explosion insurance not in accordance with the rules and premium rates for such insurance issued by the Ministry of Finance;

c) An establishment that must purchase mandatory fire and explosion insurance failing to separate the contract portion for mandatory fire and explosion insurance within a comprehensive insurance contract as prescribed;

d) Failing to allocate insurance premiums for mandatory fire and explosion insurance to contribute to the funding for fire prevention and firefighting activities as prescribed.

Article 25. Acts leading to fires or explosions at household premises

1. A fine of from VND 200,000 to VND 500,000 shall be imposed on unintentional violations of fire safety regulations resulting in fires or explosions causing damage under VND 25,000,000 or no damage.

2. A fine of from VND 500,000 to VND 1,000,000 shall be imposed on unintentional violations of fire safety regulations resulting in fires or explosions causing damage from VND 25,000,000 to VND 50,000,000.

3. A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed on unintentional violations of fire safety regulations resulting in fires or explosions causing damage over VND 50,000,000 but not subject to criminal prosecution.

Article 26. Penalties for individuals and organizations causing fires or explosions

1. A fine of from VND 200,000 to VND 500,000 shall be imposed on violations of fire safety regulations resulting in fires or explosions causing damage under VND 2,000,000.

2. A fine of from VND 500,000 to VND 3,000,000 shall be imposed on unintentional violations of fire safety regulations resulting in fires or explosions causing damage from VND 2,000,000 to less than VND 10,000,000.

3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on unintentional violations of fire safety regulations resulting in fires or explosions causing damage from VND 10,000,000 to less than VND 25,000,000.

4. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on unintentional acts resulting in fires or explosions causing damage from VND 25,000,000 to VND 50,000,000.

5. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on negligent acts resulting in fires or explosions but not reaching the level of criminal prosecution.

6. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on unintentional acts resulting in fires or explosions causing damage over VND 50,000,000 but not subject to criminal prosecution.

Article 27. Deportation Penalty

Foreigners who commit administrative violations as stipulated in Articles 5, 6, 7, 8, 9, 10, 11, 18, 20, and Article 21 of this Decree may be subject to deportation from the Socialist Republic of Vietnam depending on the severity of the violation.

Chapter III

AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND VIOLATION RECORDS

Article 28. Administrative Violation Penalty Authority of the People's Public Security Force

1. Public Security soldiers on duty have the right:

a) To issue warnings;

b) To impose a fine up to VND 200,000.

2. The station chief or team leader of those with authority as specified in Clause 1 of this Article have the right:

a) To issue warnings;

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

3. The head of public security at commune, ward, town level (hereinafter referred to collectively as commune level) have the right:

a) To issue warnings;

b) To impose a fine up to VND 2,000,000.

c) To confiscate property and means of transportation used for administrative violations valued up to VND 2,000,000;

d) To compel restoration to the original state altered due to administrative violations.

4. The head of public security at district, county, town, provincial city level (hereinafter referred to collectively as district level) have the right:

a) To issue warnings;

b) To impose a fine up to VND 10,000,000.

c) To revoke the right to use licenses and certificates within their jurisdiction;

d) To confiscate objects and means used for administrative violations;

d) Apply remedial measures prescribed in this Decree.

5. The head of the Fire Prevention and Fighting Police Department, the head of the Administrative Management Police Department, the head of the Traffic Police Department, the head of the Waterway Police Department, the head of the Environmental Crime Prevention and Control Police Department, the head of the Social Order Crime Investigation Police Department, the provincial-level public security, and the head of the Fire Prevention and Fighting Police Department under the Provincial Fire Prevention and Fighting Service within the scope of their functions, tasks, and powers have the right:

a) To issue warnings;

b) To impose a fine up to VND 10,000,000.

c) To revoke the right to use licenses and certificates within their jurisdiction;

d) To confiscate objects and means used for administrative violations;

d) Apply remedial measures prescribed in this Decree.

6. The director of the provincial-level public security, the director of the Fire Prevention and Fighting Service have the right:

a) To issue warnings;

b) To impose a fine up to VND 30,000,000.

c) To revoke the right to use licenses and certificates within their jurisdiction;

d) To confiscate objects and means used for administrative violations;

d) Apply remedial measures prescribed in this Decree.

e) The director of the provincial-level public security has the right to decide on the application of the deportation penalty according to the classification of the Minister of Public Security.

7. The director of the Fire Prevention and Fighting and Rescue Police Bureau, the director of the Administrative Management Police Bureau, the director of the Traffic Police Bureau, the director of the Waterway Police Bureau, the director of the Environmental Crime Prevention and Control Police Bureau, the director of the Social Order Crime Investigation Police Bureau within the scope of their functions, tasks, and powers have the right:

a) To issue warnings;

b) To impose a fine up to the maximum amount prescribed in Point a Clause 2 Article 14 of the Ordinance amending and supplementing certain articles of the Ordinance on Handling Administrative Violations in 2008;

c) To revoke the right to use licenses and certificates within their jurisdiction;

d) To confiscate goods and means of transportation used for administrative violations;

d) Apply remedial measures prescribed in this Decree.

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

Article 29. Administrative Violation Penalty Authority of the Chairpersons of People's Committees at all levels

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

a) To issue warnings;

b) To impose a fine up to VND 2,000,000.

c) To confiscate property and means of transportation used for administrative violations valued up to VND 2,000,000;

d) To compel restoration to the original state altered due to administrative violations.

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

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) To confiscate property and means of transportation used for administrative violations;

d) To revoke the right to use licenses and certificates within their jurisdiction;

d) Apply remedial measures prescribed in this Decree.

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

a) To issue warnings;

b) To impose a fine up to the maximum amount prescribed in Point a Clause 2 Article 14 of the Ordinance amending and supplementing certain articles of the Ordinance on Handling Administrative Violations in 2008;

c) To confiscate goods and means of transportation used for administrative violations;

d) To revoke the right to use licenses and certificates within their jurisdiction;

d) Apply remedial measures prescribed in this Decree.

Article 30. Administrative Penalty Authority of Other Agencies

In addition to those with administrative penalty authority as stipulated in Articles 28 and 29 of this Decree, those with administrative penalty authority as provided in the Ordinance on Handling Administrative Violations in 2002 and the Ordinance amending and supplementing certain articles of the Ordinance on Handling Administrative Violations in 2008 while performing their functions and tasks within their jurisdiction and discovering administrative violations as stipulated in this Decree shall have the right to impose penalties in accordance with the law.

Article 31. Delegation of Administrative Offense Penalty Powers in Fire Prevention and Control

The authorized persons to impose administrative offense penalties as stipulated in Clauses 2, 3, 4, 5, 6, and 7 of Article 28; and Clauses 1, 2, and 3 of Article 29 of this Decree may delegate their power to impose administrative offense penalties to deputies. Such delegation must be made in writing. The deputy who is delegated must be responsible for their own administrative penalty decisions before the head and under the law.

Article 32. Principles for Determining Authority to Impose Administrative Offense Penalties

1. The authority to impose administrative offense penalties as prescribed in this Decree applies to each individual act of violation. In cases of fines, the authority to impose penalties is determined based on the maximum amount within the fine range specified for each specific act of violation. When multiple people have the authority to impose penalties for the same administrative violation, the person who first takes charge shall carry out the penalty.

2. In cases where an individual commits multiple acts of administrative violations, the authority to impose penalties shall be determined according to the following principles:

a) If the form and level of penalty prescribed for each act all fall within the authority of the person imposing the penalty, then that person retains the authority to impose penalties;

b) If the form and level of penalty prescribed for one of the acts exceed the authority of the person imposing the penalty, then that person must transfer the case to the competent authority with the appropriate penalty authority.

3. In cases where the person authorized to impose penalties from the People's Public Security is handling an individual or organization violating fire prevention and control regulations as stipulated in this Decree and discovers that the same individual or organization has committed other administrative violations as prescribed in other Government Decrees, they have the right to impose administrative penalties for those violations.

Chapter IV

PROCEDURES FOR IMPOSING ADMINISTRATIVE OFFENSE PENALTIES

Article 33. Procedures for Imposing Administrative Offense Penalties

1. Upon discovering an administrative violation in the field of fire prevention and control, the authorized person to impose penalties must immediately issue an order to stop the violation.

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

a) For administrative violations where the form of penalty is a warning or a fine up to VND 200,000, the authorized person to impose penalties shall issue an on-the-spot penalty decision according to the simplified procedure prescribed in Article 54 of the Administrative Violation Handling Ordinance 2002 and the Ordinance Amending and Supplementing Certain Provisions of the Administrative Violation Handling Ordinance 2008;

b) For administrative violations where the form of penalty is a fine over VND 200,000, the authorized person to impose penalties must prepare an administrative violation record according to the provisions of Article 55 of the Administrative Violation Handling Ordinance 2002 and the Ordinance Amending and Supplementing Certain Provisions of the Administrative Violation Handling Ordinance 2008, and issue a penalty decision according to the provisions of Article 56 of the Administrative Violation Handling Ordinance 2002; if the violation exceeds the penalty authority of the person preparing the record, that person must send the record to the person with the appropriate penalty authority to issue a penalty decision in accordance with the regulations.

c) Forms for imposing administrative offense penalties in the field of fire prevention and control are uniformly applied according to the forms prescribed in the fields of security and social order, safety.

3. When applying a fine, the specific fine amount for a single act of administrative violation is the midpoint of the fine range for that act as prescribed in this Decree; in cases where there are mitigating circumstances, the fine amount may be reduced but not below the minimum fine range; in cases where there are aggravating circumstances, the fine amount may be increased but not above the maximum fine range specified. When imposing a fine, the fine range and the specific fine amount must be announced to the violator.

4. For individuals aged between 16 and under 18 years old who commit administrative violations and are subject to a fine, the fine amount shall not exceed half the fine amount for adults; if they do not have the means to pay the fine, their parents or guardians must pay on their behalf.

Article 34. Application of measures to prevent administrative violations and ensure administrative penalties in the field of fire prevention and fighting

In cases where it is necessary to promptly prevent administrative violations or to ensure the enforcement of administrative penalties in the field of fire prevention and fighting, measures such as temporary detention of persons; temporary detention of objects and means of administrative violation; search of persons; search of transport vehicles and objects; search of places hiding objects and means of administrative violation shall be applied in accordance with the Administrative Violation Handling Decree 2002 and the Decree amending and supplementing certain articles of the Administrative Violation Handling Decree 2008.

Article 35. Collection and payment of fines for administrative violations

1. Individuals and organizations fined for administrative violations in the field of fire prevention and fighting must pay the fine within the time limit specified in the decision on administrative penalty at the State Treasury as stated in the decision on administrative penalty, except in cases where they have paid the fine on the spot in accordance with Article 54 of the Administrative Violation Handling Decree 2002 and the Decree amending and supplementing certain articles of the Administrative Violation Handling Decree 2008 and received a receipt for the fine payment. The collection of fines must use receipts issued by the Ministry of Finance in accordance with the regulations.

2. In remote, isolated areas, on rivers, at sea, or in regions where travel is difficult, or outside working hours, individuals and organizations subject to penalties may pay the fine to the person authorized to impose the penalty. The person authorized to impose the penalty has the responsibility to collect the fine on the spot and deposit it into the State Treasury in accordance with Clause 3 of Article 58 of the Administrative Violation Handling Decree 2002. The person being penalized has the right not to pay the fine if there is no receipt for the fine payment issued by the Ministry of Finance in accordance with the regulations.

Article 36. Execution of decisions on administrative penalties

1. Individuals and organizations subject to administrative penalties in the field of fire prevention and fighting must execute the decision on administrative penalty within ten days from the date of receiving the decision on administrative penalty. If the individual or organization subject to the penalty does not voluntarily comply with the decision on administrative penalty beyond this period, they will be subject to compulsory execution in accordance with the provisions of the law.

2. Individuals subject to a fine of VND 500,000 or more may be granted a deferral of the execution of the fine decision in accordance with Article 65 of the Administrative Violation Handling Decree 2002.

3. When deemed necessary, the person authorized to impose the penalty or the agency conducting the penalty against individuals and organizations committing administrative violations in the field of fire prevention and fighting may publicly announce information about the administrative violation, the decision on administrative penalty to the agencies, organizations, or local authorities where the individual works or resides, and to the superior agency directly managing or the local authority where the organization operates.

Article 37. Revocation of license and professional certificate usage rights

The revocation of the right to use licenses and professional certificates can only be implemented for violations stipulated in this Decree, other Government Decrees on administrative penalties related to fire prevention and fighting, and must be carried out in accordance with the provisions of the Administrative Violation Handling Decree 2002 and the Decree amending and supplementing certain articles of the Administrative Violation Handling Decree 2008.

Article 38. Transfer of Violation Case Files with Criminal Indicators for Criminal Liability Pursuit

In cases where a violation is examined to decide on administrative punishment, if it is found that the violation has criminal indicators or if after issuing an administrative punishment decision, it is discovered that the violation has criminal indicators within the statute of limitations for criminal liability pursuit, then the case file must be transferred to the competent criminal proceedings agency in accordance with the provisions of Article 62 of the Administrative Offense Handling Ordinance 2002.

Article 39. Complaints and Reports

1. Individuals or organizations subject to administrative punishment in the field of fire prevention and firefighting, or their legitimate representatives, have the right to complain about decisions on administrative punishment, decisions on preventive measures, and guarantees for the handling of administrative violations made by authorized authorities.

Every individual has the right to report to state agencies with authority any acts violating laws on administrative punishment in the field of fire prevention and firefighting.

2. The procedures for complaints and reports and the resolution of complaints and reports shall be carried out in accordance with the laws on complaints and reports.

3. Legal actions against decisions on administrative punishment, decisions on preventive measures, and guarantees for the handling of administrative violations in the field of fire prevention and firefighting shall be conducted in accordance with the laws on administrative litigation procedures.

Chapter V

IMPLEMENTING PROVISIONS

Article 40. Effective Date

This Decree takes effect from August 5, 2012, and replaces Decree No. 123/2005/NĐ-CP dated October 5, 2005, concerning administrative punishments in the field of fire prevention and firefighting.

Article 41. Responsibility for Implementation

1. The Minister of Public Security is responsible for organizing the implementation and guiding, inspecting, and urging the implementation of this Decree.

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