Decree No. 73/2010/ND-CP on administrative sanctions for violations in the field of security and public order, social safety.

DECREE

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

______________________________

THE GOVERNMENT

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

Considering the proposal of the Minister of Public Security,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

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

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

3. Acts of administrative violations in the fields of national security and public order or related to national security and public order are regulated in other Government Decrees on administrative penalties, then such administrative penalties shall be implemented according to those Decrees.

Article 2. Applicability

Vietnamese individuals and organizations; foreign individuals and organizations, international organizations committing administrative violations in the fields of national security and public order on the territory of the Socialist Republic of Vietnam shall be punished according to this Decree and other relevant laws on administrative penalties.

In cases where international treaties to which the Socialist Republic of Vietnam is a party have different provisions, such treaties shall be followed.

Article 3. Principles of Administrative Penalties

The principles of administrative penalties in the fields of national security and public order shall be implemented according to Article 3 of the Ordinance on Handling Administrative Violations in 2002 and Article 3 of Decision No. 128/2008/NĐ-CP dated December 16, 2008 detailing the implementation of some articles of the Ordinance on Handling Administrative Violations in 2002 and the Ordinance amending and supplementing some articles of the Ordinance on Handling Administrative Violations in 2008.

Article 4. Forms of Administrative Sanctions for Violations

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

a) To issue warnings;

b) Fine.

The minimum fine is 60,000 VND, the maximum fine is 30,000,000 VND. Specific fines for each act of violation in the fields of national security and public order are stipulated in Chapter II of this Decree.

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

a) Revocation of the right to use licenses, professional certificates;

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

3. In addition to the main penalties and supplementary penalties prescribed in Clause 1 and Clause 2 of this Article, individuals and organizations committing administrative violations in the fields of national security and public order may also be subject to one or more remedial measures as follows:

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

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

c) Compel removal from Vietnam's territory or compel the re-export of goods, items, or means of transport;

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

4. Individuals committing administrative violations causing damage to organizations or individuals, in addition to being subject to administrative penalties as prescribed in Clause 1, Clause 2, and Clause 3 of this Article, must also compensate for damages according to civil law regulations.

5. Foreign individuals committing administrative violations in the fields of national security and public order on the territory of Vietnam may be expelled from the Socialist Republic of Vietnam.

Expulsion can be a main penalty or a supplementary penalty. The authority, procedure, and process for applying expulsion penalties shall be implemented according to current laws on administrative expulsion procedures.

Article 5. Statute of Limitations for Administrative Sanctions

1. The statute of limitations for administrative penalties in the fields of national security and public order is one year, counted from the date the violation was committed; for administrative violations concerning departure and entry, the statute of limitations for administrative penalties is two years, counted from the date the violation was committed.

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

2. For individuals who have been indicted, prosecuted, or had a case decided to be brought to trial under criminal proceedings, if there is a decision to terminate the investigation or close the case, they will be subject to administrative penalties if their actions indicate administrative violations; in this case, the statute of limitations for administrative penalties is three months, counted from the date the authority with the power to impose penalties receives the decision to terminate and the violation file.

3. Within the time limit prescribed in Clause 1 and Clause 2 of this Article, if individuals or organizations commit new violations or deliberately evade or obstruct the imposition of penalties, the statute of limitations mentioned above will not apply; the statute of limitations will be recalculated from the date of the new violation or the end of the evasion or obstruction of the penalty imposition.

4. If the authority with the power to impose administrative penalties makes a mistake in exceeding the statute of limitations for penalties, it will be handled according to Article 121 of the Ordinance on Handling Administrative Violations in 2002.

Article 6. Period considered as not having been administratively punished

Individuals and organizations subject to administrative penalties in the fields of national security and public order will be considered as not having been subject to administrative penalties in these fields if they have not reoffended within one year from the date of completion of the penalty decision or from the date the enforcement period of the penalty decision has expired.

Chapter II

VIOLATIONS OF ADMINISTRATIVE LAW AND FORMS OF ADMINISTRATIVE PUNISHMENT

Article 7. Violations of public order

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

a) Making rude gestures, provocative remarks, teasing, or insulting the dignity and personal integrity of others;

b) Causing disorder at movie theaters, cinemas, cultural houses, clubs, performance venues, places organizing sports and cultural activities, festivals, exhibitions, markets, government offices, factories, social organizations, enterprises, cooperatives, residential areas, schools, hospitals, train stations, bus terminals, ports, on transportation means, on streets, at border gates, ports, or other public places without reaching the level of criminal prosecution;

a) Letting cattle, horses, dogs, or other animals run loose in cities, towns, or public places.

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

a) Fighting or inciting others to fight without reaching the level of criminal prosecution;

b) Providing false information to state agencies with authority;

c) Causing public disorder due to drunkenness without reaching the level of criminal prosecution;

d) Throwing stones, sand, or any other objects at houses, trains, ships, or other transportation means, or at people's belongings or property;

đ) Gathering many people in public places causing public disorder without reaching the level of criminal prosecution;

e) Allowing livestock or other animals to cause injury or damage to others' property;

g) Flying kites, balloons, playing remote-controlled airplanes or other flying objects in airport areas or restricted zones; igniting and releasing "sky lanterns" in cities, towns, or densely populated areas, industrial zones, storage areas, airports, ports...

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

a) Obstructing or failing to comply with requests from law enforcement officers or using insulting, defamatory language, or actions against such officers without reaching the level of criminal prosecution;

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

c) Causing public disorder while carrying crude weapons such as knives, spears, machetes, chains, clubs, sticks... or supporting tools;

d) Inciting or encouraging others to cause public disorder or disrupt public order without reaching the level of criminal prosecution;

đ) Hiring or recruiting others to fight;

e) Gathering to cheer for or incite illegal boat, motorboat, or ship racing without reaching the level of criminal prosecution;

g) Disrupting order at court sessions, places where judgments are enforced, or engaging in other acts that obstruct judicial proceedings or enforcement without reaching the level of criminal prosecution;

h) Disrupting order at locations where compulsory execution decisions are carried out without reaching the level of criminal prosecution;

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

k) Directly harming or hiring someone to harm another person's health or life;

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

m) Assembling illegally in large numbers in prohibited areas or locations;

n) Failing to comply with legal regulations regarding gathering in public places;

o) Organizing or facilitating others to marry foreigners contrary to local customs or legal provisions, affecting national security and public order (except cases stipulated in Clause 4, Article 11 of Decree No. 60/2009/NĐ-CP dated July 23, 2009 of the Government on administrative penalties in the field of justice);

p) Writing, distributing, circulating materials containing false, defamatory content that affects the reputation of organizations or individuals without reaching the level of criminal prosecution;

q) Storing, transporting "sky lanterns";

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

a) Storing, concealing in personal belongings, vehicles various types of knives, hammers, other commonly used tools in daily labor and life with the intent to cause public disorder or intentionally injure others;

b) Producing, importing, selling "sky lanterns";

5. Additional forms of punishment:

Seize evidence and means of transportation for the acts specified in Point d, h Clause 2; Point c, p, q Clause 3 and Clause 4 of this Article;

6. The violator at Point e Clause 2 of this Article must also compensate for all damages caused by livestock or other animals;

Article 8. Acts Affecting Public Tranquility;

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

a) Creating loud noise, causing disturbance between 10 PM and 5 AM;

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

2. Imposing a fine of VND 300,000 to VND 500,000 for the following acts: Using loudspeakers, drums, gongs, horns, whistles, or other means to rally in public places without permission from competent authorities;

3. Additional forms of punishment:

Seize evidence and means of transportation for the acts specified in Clause 2 of this Article;

Article 9. Acts affecting public hygiene

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

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

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

c) Urinating or defecating on streets or common pathways;

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

đ) Transporting manure using primitive transportation means within cities or towns, causing it to spill or not ensuring hygiene;

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

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

b) Dumping garbage or any other items into storm drains or public sewage systems;

c) Throwing garbage, animal carcasses, or any other items in public places, near water taps, drinking wells, ponds, lakes that are regularly used by people for daily activities, thereby compromising hygiene;

d) Illegally burning waste, toxic substances, or other dangerous materials in residential areas or public places;

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

4. Imposing a fine of VND 500,000 to VND 1,000,000 for one of the acts of dumping waste, dirt, or other substances that stain houses, offices, workplaces, production, or business premises of others;

5. Measures to remedy consequences:

a) Order remediation of environmental pollution for the acts specified in Point b, c, d, đ Clause 1; Point a, c, d Clause 2 and Clause 4 of this Article;

b) Order restoration to the original state for the acts specified in Point b Clause 2 and Clause 4 of this Article;

c) Order removal of sanitation facilities for the acts specified in Clause 3 of this Article;

Article 10. Acts violating civilized living habits

Warning or imposing a fine of VND 60,000 to VND 100,000 for one of the following acts:

1. Not wearing pants or shirts or wearing only undergarments in public gatherings, cultural or religious sites, government agencies, political organizations, economic organizations, social organizations;

2. Entering places requiring tickets without a ticket;

3. Speaking or behaving rudely, indecently, or uncultured in public.

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

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

a) Failure to comply with regulations on permanent residence registration and temporary residence registration;

b) Failure to comply with regulations on adjustment, supplementation, or other changes in household registers, temporary residence books;

c) Failure to comply with regulations on temporary absence declaration;

d) Refusal to comply with household register inspection, temporary residence inspection, stay inspection, or failure to present household registers, temporary residence books, or other documents related to residence when requested by competent authorities.

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

a) Erasing, deleting, altering, or engaging in other acts that distort the content or form of household registers, temporary residence books, or other documents related to residence, providing false information or documents about residence;

b) Renting, borrowing, or lending household registers, temporary residence books, or other documents related to residence to commit acts contrary to the law;

c) Using household registers, temporary residence books, or other documents related to residence to commit unlawful acts;

d) Failure to report stay to the police authority as prescribed when there is a person staying at the residence;

đ) Organizing, inciting, enticing, luring, brokering, or coercing others to violate laws on residence;

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

a) Making false declarations or forging documents to obtain residence registration, issuance of household registers, or temporary residence books;

b) Forging household registers, temporary residence books but not reaching the level of criminal prosecution;

c) Using counterfeit household registers or temporary residence certificates;

d) Allowing others to enter their household register at their place of residence for personal gain;

đ) Allowing entry into the same place of residence but not ensuring the minimum floor area per person as prescribed;

e) Signing indefinite-term labor contracts with workers not belonging to their own enterprise to allow them to enter the household register.

4. Additional forms of administrative punishment:

Seizure of contraband items and means of transportation for acts prescribed in point a Clause 2; points a, b, c, d Clause 3 of this Article.

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

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

a) Not carrying an identity card or other personal documents;

b) Not presenting an identity card or other personal documents upon request for inspection;

c) Not complying with legal provisions on issuance, reissuance, or replacement of identity cards;

d) Not complying with legal provisions on revocation or temporary detention of identity cards.

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

a) Leaving behind an identity card after inspection or temporary detention;

b) Entering areas requiring permits without having one or having a permit that has expired.

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

a) Using another person's identity card in violation of regulations;

b) Erasing, deleting, or altering an identity card or other personal documents;

c) Renting, borrowing, or allowing others to rent or borrow identity cards or other personal documents.

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

a) Making false declarations, forging documents, or providing false information or documents to obtain an identity card or other personal documents;

b) Forging an identity card but not reaching the level of criminal prosecution;

c) Using a forged identity card;

5. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for using an identity card as collateral for fraudulent purposes to defraud and deprive others of their property.

6. Additional forms of punishment:

Seizure of contraband items and means of transportation for acts prescribed in point a, b Clause 3 and Clause 4 of this Article.

Article 13. Prohibited acts violating regulations on the management and use of weapons, explosives, auxiliary tools, types of fireworks, and dangerous toys.

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

a) Failure to conduct regular inspections of firearms, explosives, and support tools as required;

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

c) Using prohibited dangerous toys.

d) Circulating permits for using weapons, explosives, and auxiliary tools that have lost their validity.

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

a) Using firearms and auxiliary tools without a permit;

b) Handing over weapons and auxiliary tools to persons who do not meet the required conditions and standards.

c) Failing to surrender weapons, explosives, and auxiliary tools as prescribed.

d) Failing to declare and register all types of weapons, explosives, and auxiliary tools with competent authorities fully.

đ) Using fireworks without permission.

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

a) Borrowing or lending weapons, auxiliary tools, or permits for their use, purchase, repair, transportation, or carrying.

b) Repairing or altering permits for use, transportation, purchase, repair, or carrying of weapons and auxiliary tools.

d) Using firearms, explosives, and support tools in violation of regulations but without causing consequences;

đ) Using weapons and auxiliary tools to hunt wild animals.

4. A fine of from 4,000,000 VND to 8,000,000 VND shall be imposed for any of the following acts:

a) Buying, selling, transporting, or storing simple weapons and auxiliary tools without a permit or with a permit that has lost its validity.

b) Buying, selling scrap materials containing weapons, explosives, or auxiliary tools in small quantities.

c) Violating safety regulations for transporting weapons, explosives, and auxiliary tools.

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

đ) Producing, storing, buying, selling, or transporting fireworks, firework ingredients, and dangerous toys illegally but not reaching the level of criminal prosecution.

e) Losing weapons or auxiliary tools.

5. A fine of from 8,000,000 VND to 12,000,000 VND shall be imposed for any of the following acts:

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

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

c) Illegally buying, selling, or transporting sports weapons.

d) Transporting military-use weapon parts, explosive accessories, or auxiliary tools without a permit or with a permit that is not followed, has lost its validity, or lacks other required documents.

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

a) Illegally producing, manufacturing, or repairing military firearms, sports firearms, or hunting rifles;

b) Illegally bringing military firearms, hunting rifles, support tools, fireworks, or dangerous toys into or out of Vietnam.

7. Administrative violations in the field of industrial explosives management shall be handled according to the Government's Decree and other regulatory documents related to administrative penalties for violations in the field of industrial explosives management.

8. Additional forms of punishment:

a) Confiscation of evidence and means of transport for acts specified in points c and d of Clause 1; points a, b, c, and đ of Clause 2; points b, d, and đ of Clause 3; points a, b, d, and đ of Clause 4; Clause 5; and Clause 6 of this Article.

b) Suspension of the right to use permits for six months for acts specified in point b of Clause 2 of this Article.

c) Permanent suspension of the right to use permits for acts specified in points a, b, and đ of Clause 3; and points a and c of Clause 4 of this Article.

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

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

a) Employing persons who do not meet the required conditions and standards in businesses operating under security and public order conditions or failing to comply fully with other security and public order conditions when conducting business activities.

b) Failing to present the certificate of compliance with conditions regarding security and public order when requested for inspection by competent authorities;

c) Losing the certificate of compliance with security and public order conditions.

d) Failing to report regularly on the security and public order situation of businesses operating under security and public order conditions as prescribed and guided by the Ministry of Public Security.

đ) Not having a notice about the operating hours of businesses operating under security and public order conditions submitted to the competent public security authority.

e) Not having a notice about the temporary cessation of business operations of businesses operating under security and public order conditions submitted to the competent public security authority.

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

a) Operating outside the contents and locations specified in the certificate of compliance with security and public order conditions.

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

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

d) Lending, borrowing, or transferring the certificate of compliance with security and public order conditions.

đ) Refusing or obstructing security and public order inspections conducted by the competent public security authority.

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

a) Engaging in business activities under security and public order conditions without a certificate of compliance with security and public order conditions.

b) Failing to implement security and public order conditions for businesses operating in industries requiring security and public order conditions.

c) Failing to implement security and public order conditions, not complying with requirements for ensuring security and public order, or failing to report temporary residence when renting accommodation or employment to foreigners.

d) Using businesses operating under security and public order conditions to organize prostitution, drug-related activities, gambling, or other illegal activities.

đ) Facilitating others to use businesses operating under security and public order conditions to organize prostitution, drug-related activities, gambling, or other illegal activities.

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

4. Additional forms of administrative punishment:

a) Suspension of the right to use licenses or professional certificates for three to six months for acts specified in points e of Clause 1; points a and d of Clause 2; and points d and đ of Clause 3 of this Article.

b) Suspension of the right to use licenses or professional certificates for six to nine months for acts specified in point e of Clause 3 of this Article.

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

1. A fine of from 200,000 VND to 500,000 VND shall be imposed for losing or damaging registration certificates for seal models.

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

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

b) Using seals that have not been registered or do not have a registration certificate.

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

d) Losing the currently used seal;

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

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

g) Failing to return seals when an organization splits, merges, dissolves, goes bankrupt, completes its mission, changes ownership form, or ceases operations.

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

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

a) Failing to return seals, registration certificates, or failing to return seals within the prescribed time limit upon the decision to revoke issued by the competent authority.

b) Stamping documents or papers without content;

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

d) Not having a registration certificate.

đ) Borrowing or lending seals; using seals of other organizations to conduct activities.

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

a) Bringing seals into the Socialist Republic of Vietnam without a permit or without a certificate for registered seal samples.

b) Illegally using seals brought from abroad into Vietnam;

c) Carving counterfeit seals or using counterfeit seals but not reaching the level of criminal prosecution.

5. Additional forms of punishment

a) Confiscation of evidence and means of transport for acts specified in points b, đ, e, and g of Clause 2; points a, b, c, and đ of Clause 3; and point c of Clause 4 of this Article.

b) Confiscation of evidence and means of transport and suspension of the right to use licenses or professional certificates for three to six months for acts specified in point a of Clause 2 of this Article.

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

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

a) Failing to wear identification badges as prescribed when performing security duties.

b) Not having a Certificate of Security Guard issued by the Business Director.

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

a) Failing to notify the location of the headquarters or operating area, the start date of business operations for the enterprise, branch, or representative office; failing to report periodically on security-related activities affecting public order and safety;

b) Losing the certificate confirming compliance with conditions regarding public order and safety for conducting security service business;

c) Using security service employees who have not undergone training or obtained a professional qualification certificate;

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

a) Engaging in business outside the specified industry, profession, and other services beyond security services;

b) Failing to notify the movement of security personnel outside the province or centrally governed city where the enterprise's registered business location is situated;

c) Failing to notify changes in the head of the enterprise, branch, or representative office to the competent police authority as prescribed;

d) Failing to issue security employee certification or insignia as required;

đ) Recruiting security service employees who do not meet the prescribed conditions and standards;

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

a) Engaging in security service business operations without a certificate confirming compliance with security and public order conditions for security service business operations.

b) Providing uniforms, identification badges, insignias, hats to security service personnel contrary to regulations.

c) Conducting armed activities, private investigation, and detective work in any form;

d) Allowing others to use the name of the organization or individual to establish a security service business enterprise.

đ) Establishing a security service business enterprise for others to operate.

e) Training, instructing, or enhancing security service employees without permission or within the prescribed jurisdiction;

g) Engaging in security service business operations without signing a contract with individuals or organizations hiring security services.

h) Hiring security services but requiring security service personnel to use force or commit acts violating the law, infringing upon the legitimate rights and interests of individuals or organizations.

i) Hiring security services with the purpose of threatening, obstructing, or causing difficulties for the normal, lawful activities of individuals or organizations.

5. Additional forms of punishment:

a) Revoking the right to use the business practice permit for a period of from one month to three months for the violation stipulated at point c, Clause 2 of this Article;

b) Revoking the right to use the business practice permit for a period of from three months to six months for the violations stipulated at point a, Clause 3; points a, c, g, Clause 4 of this Article;

c) Revoking the right to use the business practice permit for the violation stipulated at point đ, Clause 4 of this Article;

d) Confiscating contraband and means of transportation for the violation stipulated at point b, Clause 4 of this Article;

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

1. Imposing a fine of from VND 500,000 to VND 1,000,000 for violations concerning education at commune, ward, town level; sending to educational institutions; sending to educational facilities; sending to medical treatment facilities;

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

a) Violating regulations on applying preventive measures such as arrest, temporary detention, pre-trial detention, bail, prohibition from leaving residence, depositing money or valuable assets to ensure compliance, or committing other violations of preventive measures as prescribed by law;

b) Violating obligations of parties involved in litigation such as failing to provide documents or evidence upon lawful request of the authorities and those conducting litigation, failing to fulfill duties as witnesses, interpreters, defense attorneys, or persons with rights and interests related to the case; violating regulations on preserving evidence, sealing, or seizing property, or committing other violations as prescribed by law;

c) Violating regulations on pre-trial detention, temporary detention; on enforcement of criminal sentences including suspended sentences, probation, prohibition from residing in certain areas, prohibition from holding certain positions, prohibition from practicing certain professions or performing certain tasks, deprivation of certain civil rights, deportation, non-custodial rehabilitation, execution of imprisonment sentences; on enforcement of monetary penalties or confiscation of property;

d) Refusing to comply with or obstructing the execution of court decisions on civil, administrative, labor, marriage and family matters, or committing other violations as prescribed by law;

Article 18. Acts causing damage to others' property

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

a) Stealing property but not reaching the threshold for criminal prosecution;

b) Publicly appropriating another person's property but not reaching the threshold for criminal prosecution;

c) Using deceitful methods or fleeing to appropriate another person's property but not reaching the threshold for criminal prosecution;

d) Illegally using another person's property but not reaching the threshold for criminal prosecution;

đ) Harassing or causing inconvenience to others when handling luggage at ports, bus stations, airports, harbors, railway stations, and other public places;

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

a) Destroying or intentionally damaging another person's property but not reaching the threshold for criminal prosecution;

b) Causing loss, damage, or destruction to state property directly managed but not reaching the threshold for criminal prosecution;

c) Using methods or creating circumstances to force others to hand over money or property but not reaching the threshold for criminal prosecution;

d) Fraudulently or deceptively engaging in brokerage, guidance, or introduction services for buying or selling real estate or other assets but not reaching the threshold for criminal prosecution;

đ) Buying, selling, storing, or using another person's property knowing that it was obtained through illegal means but not reaching the threshold for criminal prosecution;

e) Illegally detaining another person's property but not reaching the threshold for criminal prosecution;

3. Additional forms of punishment:

Confiscating contraband and means of transportation for the violations stipulated at point a, b, c, d, Clause 1; points c, đ, e, Clause 2 of this Article;

4. The violator at point a, b, c, Clause 1; points a, b, c, d, e, Clause 2 of this Article must also compensate for all losses caused by the administrative violation;

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

1. Imposing a fine of from VND 500,000 to VND 1,000,000 for any of the acts of arbitrarily moving, dismantling, destroying, or doing anything else that damages signs, directional signs, or insignias of agencies or organizations;

2. Imposing a fine of from VND 1,000,000 to VND 2,000,000 for any of the acts of arbitrarily moving, dismantling telephone poles, telegraph poles, streetlights, fences of state agencies or other public works;

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

4. Additional forms of administrative punishment:

Confiscating contraband and means of transportation for the violations stipulated at Clause 1, Clause 2, and Clause 3 of this Article;

5. Measures to remedy consequences:

Compelling restoration to the original condition for the violations stipulated at Clause 1, Clause 2, and Clause 3 of this Article.

Article 20. Acts violating provisions on departure, entry, transit residence, and movement

1. A warning or a fine from VND 100,000 to VND 200,000 shall be imposed for the act of foreigners moving within the territory of Vietnam without carrying their passport or other documents with equivalent value to a passport; failing to present their passport or other documents with equivalent value to a passport when requested by authorized personnel to check.

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

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

b) Erasing, altering, or distorting the form or content recorded in passports or other travel documents, visas, temporary residence cards, and permanent residence cards.

c) Providing false information to obtain a passport, other documents with equivalent value to a passport, a Vietnamese visa, a temporary residence card, or a permanent residence card; using a passport or other documents with equivalent value to a passport that have lost their validity for entry or exit;

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

đ) Failing to present a passport or other documents with equivalent value to a passport or related documents when requested by Vietnamese authorities; failing to comply with other requests of Vietnamese authorities regarding inspection of persons and luggage as prescribed by law;

e) Foreigners not declaring temporary residence as required or using a temporary residence certificate, temporary residence card, or permanent residence card in Vietnam beyond the permitted period of up to 15 days without authorization from competent authorities;

g) Accommodation facilities providing overnight stay for foreigners but not transferring the declaration of temporary residence, not guiding foreigners to declare temporary residence as required, or not complying with other regulations of competent authorities;

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

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

b) Crossing national borders without following the prescribed procedures for departure and entry;

c) Evading or organizing, assisting others to evade into means of entry or exit with the purpose of entering Vietnam or leaving the country;

d) Allowing others to use their passports or other documents with equivalent value to a passport;

đ) Using another person's passport or other documents with equivalent value to a passport to enter, exit, or transit;

e) Foreigners not declaring temporary residence as required or using a temporary residence certificate, temporary residence card, or permanent residence card in Vietnam beyond the permitted period of 16 days or more without authorization from competent authorities;

g) Foreigners who have been issued a permanent residence card but change their address without declaring to renew the card;

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

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

b) Using counterfeit passports, other documents with equivalent value to a counterfeit passport, counterfeit visas, counterfeit temporary residence cards, counterfeit permanent residence cards, or counterfeit inspection stamps to exit, enter, or transit;

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

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

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

c) Individuals or organizations in Vietnam guaranteeing or processing procedures for foreigners to enter Vietnam, apply for visas, issue temporary residence cards, or extend temporary residence periods but not fulfilling their responsibilities as prescribed by law or providing false information when guaranteeing, inviting, or processing procedures for foreigners to enter Vietnam, apply for visas, issue temporary residence cards, or extend temporary residence periods;

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

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

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

c) Entering the premises of embassies, consulates, or international organizations' offices in Vietnam without authorization.

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

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

7. Additional forms of administrative sanction:

Seizure of passports, other documents with equivalent value to a passport, contraband items, and means of transportation for acts stipulated in Clause 1, 2, 3, 4, 5, and Clause 6 of this Article.

Article 21. Acts violating provisions on prevention, control, and supervision of narcotics

1. A fine from VND 500,000 to VND 1,000,000 shall be imposed for the act of inhaling, injecting, smoking, or using narcotics in any other manner illegally.

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

a) Illegally storing, transporting, or appropriating narcotics but not reaching the level of criminal prosecution;

b) Illegally storing, transporting, buying, selling, or appropriating precursor chemicals used for illegal production of narcotics but not reaching the level of criminal prosecution.

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

a) The owner or person responsible for managing hotels, guesthouses, lodges, inns, clubs, transportation means, and other places due to negligence or lack of responsibility allowing others to use narcotics in the managed areas or means;

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

4. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts but not reaching the level of criminal prosecution:

a) Producing, purchasing, or selling injection, inhalation, or smoking equipment for narcotics use;

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

c) Mediating, assisting, creating conditions, or using other methods to help others inject, smoke, or use narcotics;

d) Prescribing, issuing, or selling narcotic-containing drugs or psychotropic substances without compliance with regulations;

đ) Being authorized to store or use drugs containing narcotics, psychotropic substances, or other narcotics but transferring them to unauthorized individuals;

5. A fine from VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following violations but not reaching the level of criminal prosecution:

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

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

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

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

đ) Violating regulations on managing, supervising, or retaining narcotics, addictive drugs, psychotropic substances, or precursor chemicals at border gates, border areas, or at sea;

6. Additional forms of punishment:

a) Seizure of contraband items and means of transportation for acts stipulated in Clause 1, 2, 3, 4, and Clause 5 of this Article;

b) Suspension of the right to use licenses or certificates of practice for a period of three to six months for acts stipulated in point a of Clause 2, point d of Clause 3, and Clause 4 of this Article.

Article 22. Acts of prostitution and related to prostitution activities

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

2. A fine of from VND 500,000 to VND 1,500,000 shall be imposed on the act of providing premises for prostitution activities but not reaching the level of criminal prosecution.

3. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed on one of the following acts but not reaching the level of criminal prosecution:

a) Leading prostitution activities;

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

4. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts but not reaching the level of criminal prosecution:

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

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

5. Other violations concerning prevention and combat against prostitution shall be handled according to the Government Decree and other regulatory legal documents related to administrative penalties for prevention and combat against prostitution.

6. Additional forms of punishment:

All proceeds from administrative violations shall be confiscated for the acts stipulated in Clause 1, Clause 2, Clause 3, and Clause 4 of this Article.

Article 23. Acts of illegal gambling

1. A fine of from VND 200,000 to VND 500,000 shall be imposed on the act of purchasing lottery numbers but not reaching the level of criminal prosecution.

2. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on one of the following gambling acts but not reaching the level of criminal prosecution:

a) Illegally gambling through one of the forms such as dice rolling, tile matching, dominoes, poker, three-card, four-color, red-black, chess, or other forms where winnings and losses are determined by money or goods;

b) Gambling using illegal machines or electronic games;

c) Betting "wagering" with money or in other forms during sports competitions, entertainment activities, or other activities;

d) Selling lottery tickets or lottery numbers.

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

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

b) Illegally guarding a casino or other gambling place or concealing illegal gambling activities;

c) Writing lottery numbers.

4. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following acts of organizing gambling but not reaching the level of criminal prosecution:

a) Luring, enticing, or gathering others to illegally gamble;

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

c) Installing illegal gambling machines or electronic games;

d) Organizing illegal money-based betting activities.

5. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on one of the following acts of organizing lottery betting but not reaching the level of criminal prosecution:

a) Managing lottery operations;

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

c) Organizing networks for selling lottery numbers;

d) Organizing various types of betting "wagering" during sports competitions, entertainment activities, or other activities for gambling purposes, earning money.

6. Additional forms of punishment:

The objects, means, and proceeds from administrative violations shall be confiscated for the acts stipulated in Clause 1; Clause 2; Point a, Point c Clause 3; Point b, Point c, Point d Clause 4 and Clause 5 of this Article.

Article 24. Acts violating regulations on selling and using alcohol and beer

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

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

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

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

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

d) Drinking alcohol or beer at primary schools.

3. Other violations concerning production and business of alcohol shall be handled according to the Government Decree and other regulatory legal documents related to administrative penalties in the field of production and business of alcohol.

4. Additional forms of administrative punishment:

The objects and means shall be confiscated for the acts stipulated in Point b, Point c, Point d Clause 2 of this Article.

Article 25. Acts violating regulations on protecting state secrets

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

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

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

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

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

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

e) Not numbering, assigning secret codes, pseudonyms, or secret symbols and not fully implementing management and protection regimes as prescribed for items determined to fall within the scope of state secrets;

g) Not implementing provisions on publication, dissemination, circulation, study, and use of state secret item lists;

h) Liquidating or destroying classified documents not in accordance with regulations;

i) Entering restricted areas, storage locations, or places conducting activities containing content within the scope of state secrets without permission;

k) Filming, photographing, or sketching in restricted areas.

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

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

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

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

3. Additional forms of punishment:

The objects and means shall be confiscated for the acts stipulated in Point k Clause 1 and Point b Clause 2 of this Article.

4. Measures to remedy consequences:

a) Compel the destruction of classified documents for the act stipulated in Point i Clause 1 of this Article;

b) Compel restoration to the original condition for the acts stipulated in Point a, Point d, Point đ, Point e, Point g, Point h Clause 1 and Point c Clause 2 of this Article.

Article 26. Acts of offering bribes to public officials

1. A fine of from VND 500,000

2. Additional forms of punishment:

All the money, property, or material items used for bribery of public officials in the act stipulated in Clause 1 of this Article shall be confiscated.

Article 27. Administrative penalty of expulsion

Foreigners committing administrative violations as specified in Point o, Clause 3, Article 7 and Articles 14, 15, 18, 19, 20, 21, 22, 23 of this Decree may be subject to the administrative penalty of expulsion from the Socialist Republic of Vietnam depending on the degree of violation.

Chapter III

AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND VIOLATION RECORDS

Article 28. Competence to handle administrative violations of the People's Public Security

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

a) To issue warnings;

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

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

a) To issue warnings;

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

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

a) To issue warnings;

b) To impose fines up to VND 2,000,000.

c) Confiscate objects and means used for committing administrative violations with a value up to VND 2,000,000;

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

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

e) Order the destruction of harmful products affecting human health, animals, and plants, and harmful cultural products.

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

a) To issue warnings;

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

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

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

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

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

g) Order the destruction of harmful products affecting human health, animals, and plants, and harmful cultural products.

5. The Head of the Social Order Administrative Police Department, the Head of the Traffic Police Department (including Traffic Police, Rapid Response Police, 113 Police), the Head of the Social Order Crime Investigation Police Department, the Head of the Economic Management Order Crime Investigation Police Department, the Head of the Drug Crime Investigation Police Department, the Head of the Road Traffic Police Department - Railway, the Head of the Waterway Police Department, the Head of the Fire Prevention, Firefighting and Rescue Police Department, the Head of the Protection and Mobile Police Department, the Head of the Environmental Crime Prevention Police Department, the Head of the Exit and Entry Administration Department, the Heads of Mobile Police Units at battalion level or higher, the Head of Police Posts, the Heads of Border Gate Police Stations, industrial zones have the authority:

a) To issue warnings;

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

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

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

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

6. The Director of Provincial Public Security, the Director of the Department of Fire Prevention and Fighting have the authority:

a) To issue warnings;

b) Impose fines up to thirty million dong;

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

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

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

e) The Director of Provincial Public Security has the authority to decide on applying the administrative penalty of expulsion according to the分级调整不符合要求，以下是直接翻译的结果：

7. The Director of the Administrative Police Management Bureau, the Director of the Social Order Investigation Bureau, the Director of the Economic and Official Crime Investigation Bureau, the Director of the Narcotics Investigation Bureau, the Director of the Road Traffic Police Bureau - Railways, the Director of the Waterway Police Bureau, the Director of the Fire Prevention, Firefighting, and Rescue Bureau, the Director of the Protection Bureau, the Director of the High-Tech Crime Prevention Bureau, the Director of the Environmental Crime Prevention Bureau have the authority:

a) To issue warnings;

d) Applying remedial measures as stipulated in Points d, e Clause 4 of this Decree."

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

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

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

8. The Minister of Public Security decides to apply forms of administrative penalties including deportation.

9. The Director of the Immigration Management Department has the authority to impose administrative penalties as stipulated in Clause 7 of this Article and has the power to decide on applying the form of deportation penalty according to the分级授权的部长公安部部长。

Article 29. The Chairman of People's Committees at all levels' authority to impose administrative penalties for violations

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

a) To issue warnings;

b) To impose fines up to VND 2,000,000.

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

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

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

e) Order the destruction of harmful products affecting human health, animals, and plants, and harmful cultural products.

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

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

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

e) To compel the implementation of measures to rectify environmental pollution and the spread of diseases caused by administrative violations;

g) Order the destruction of harmful products affecting human health, animals, and plants, and harmful cultural products.

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

a) To issue warnings;

d) Applying remedial measures as stipulated in Points d, e Clause 4 of this Decree."

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

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

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

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

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

h) To compel the destruction of items harmful to human health, livestock and crops, and harmful cultural products.

Article 30. Administrative Sanctioning Authority of Other Agencies

In addition to those individuals with administrative sanctioning authority as stipulated in Articles 28 and 29 of this Decree, individuals with administrative sanctioning authority as provided for in the Administrative Violation Handling Ordinance 2002 and the Ordinance Amending and Supplementing Certain Provisions of the Administrative Violation Handling Ordinance 2008, while performing their functions and tasks within their respective jurisdictions and areas of management, upon discovering acts of administrative violations as prescribed in this Decree, shall have the right to impose sanctions in accordance with the provisions of the law.

Article 31. Delegation of Administrative Violation Sanctioning Authority in the Field of Security and Public Order

Individuals with administrative violation sanctioning authority as stipulated in Clauses 2, 3, 4, 5, 6, 7, and Clause 9 of Article 28; and Article 29 of this Decree may delegate such sanctioning authority to deputy officials. The delegation must be carried out in writing. The delegated deputy official shall be responsible for their administrative violation sanctioning decisions before the superior official and the law.

Article 32. Principles for Determining Administrative Violation Sanctioning Authority

1. The administrative violation sanctioning authority as prescribed in this Decree is the authority to apply sanctions for each specific act of administrative violation. In cases involving fines, the sanctioning authority is determined based on the maximum amount of the fine range specified for each particular act of violation. If an act of administrative violation falls under the jurisdiction of multiple individuals, the sanctioning shall be carried out by the first individual to handle the case.

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

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

b) If the form or level of punishment prescribed for one of the acts exceeds the sanctioning authority of the individual imposing the penalty, that individual must transfer the violation case to the competent authority with the appropriate sanctioning authority.

3. In cases where the individual with administrative sanctioning authority from the People's Public Security is handling a violation concerning an individual or organization related to security and public order as stipulated in this Decree and discovers that the same individual or organization has committed other acts of administrative violations as prescribed in other Government Decrees, they have the right to impose administrative penalties for those acts.

Chapter IV

PROCEDURES FOR IMPOSING ADMINISTRATIVE PENALTIES

Article 33. Procedures and Formalities for Administrative Violation Sanctions

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

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

a) For administrative violations where the form of punishment is a warning or a fine up to 200,000 VND, the individual with sanctioning authority shall issue an on-the-spot administrative violation sanction decision according to the simplified procedure as amended and supplemented in Article 54 of the Ordinance Amending and Supplementing Certain Provisions of the Administrative Violation Handling Ordinance 2008;

b) For administrative violations where the form of punishment is a fine exceeding 200,000 VND, the individual with sanctioning authority must prepare an administrative violation record according to the provisions of Article 55 as amended and supplemented in the Ordinance Amending and Supplementing Certain Provisions of the Administrative Violation Handling Ordinance 2008, and issue an administrative violation sanction decision according to Article 56 of the Administrative Violation Handling Ordinance 2002; if the violation case exceeds the sanctioning authority of the record preparer, they must submit the record to the individual with the appropriate sanctioning authority to issue the sanction decision in accordance with the regulations.

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

4. An individual who has reached the age of sixteen but is under eighteen years old and commits an administrative violation subject to a fine shall not be fined more than half the fine imposed on an adult; if they lack the means to pay the fine, their parent or guardian shall be responsible for paying it on their behalf.

Article 34. Application of measures to prevent administrative violations and ensure administrative penalties in the field of security and public order

In cases where it is necessary to promptly prevent administrative violations or to ensure the enforcement of administrative penalties in the field of security and public order, the following measures shall be applied: temporary detention of persons; temporary detention of objects and means of transportation involved in administrative violations; body search; search of vehicles and objects; search of places concealing objects and means of transportation involved in administrative violations, in accordance with the Administrative Violation Handling Law 2002 and the Ordinance Amending and Supplementing Certain Provisions of the Administrative Violation Handling Law 2008.

Article 35. Collection and Payment of Administrative Fine

Individuals and organizations penalized for administrative violations in the field of security and public order must pay the fine within the prescribed time limit and at the State Treasury specified in the penalty decision, except in cases where they have paid the fine on the spot as stipulated in Article 54, amended and supplemented by the Ordinance Amending and Supplementing Certain Provisions of the Administrative Violation Handling Law 2008 and received a receipt for the payment of the fine. The collection of fines must use receipts issued by the Ministry of Finance in accordance with the regulations.

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

Article 36. Management and Use of Funds from Administrative Penalties

1. Funds collected from administrative penalties in the field of security and public order must be deposited into the state budget through an account opened at the State Treasury and retained 30% for the competent authority imposing administrative penalties to use for the following purposes:

a) Managing and handling objects and means of transportation confiscated and transferred to the state treasury due to administrative violations;

b) Investigation, verification, and temporary detention costs;

c) Purchase of information (if applicable);

d) Overtime allowance costs;

e) Rewards for groups and individuals who have outstanding achievements in administrative penalty work in the field of security and public order;

f) Procurement of equipment to serve the detection and handling of violations, printing of administrative penalty forms, and other expenses directly related to the imposition of administrative penalties.

2. The use of retained funds must comply with legal regulations. The Ministry of Finance, in collaboration with the Ministry of Public Security, is responsible for issuing guiding documents for implementation.

Article 37. Execution of Administrative Penalty Decisions

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

2. Individuals penalized with a fine of VND 500,000 or more may be allowed to postpone the execution of the fine payment according to Article 65 of the Administrative Violation Handling Law 2002.

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

Article 38. Revocation of the Right to Use Licenses and Professional Certificates

The revocation of the right to use licenses and professional certificates shall only be carried out for violations stipulated in this Decree, other Government Decrees on administrative penalties related to security and public order, and must be implemented in accordance with the provisions of the Administrative Violation Handling Ordinance 2002 and the Ordinance Amending and Supplementing Certain Provisions of the Administrative Violation Handling Ordinance 2008.

Article 39. Handling of Evidence and Means of Administrative Violations

1. The procedure for confiscating evidence and means of administrative violations in the field of security and public order shall be carried out in accordance with Article 60 of the Administrative Violation Handling Ordinance 2002.

2. For evidence and means of administrative violations that must be confiscated according to the regulations; evidence and means of administrative violations that are harmful cultural products, counterfeit goods without value for use, items harmful to human health, animals, plants shall be ordered to be destroyed or if the evidence of administrative violation is goods or items prone to damage, the person authorized to confiscate shall handle them in accordance with the provisions of Clause 1, 2, 3 of Article 61 amended and supplemented by the Ordinance Amending and Supplementing Certain Provisions of the Administrative Violation Handling Ordinance 2008.

3. For evidence and means of administrative violations where the owner, manager, or lawful user is unknown or these individuals do not come to claim them, the person authorized to confiscate must announce at least twice consecutively through local or central mass media and publicly post at the office of the person authorized to confiscate within thirty days. After thirty days from the date of announcement and public posting, if the owner, manager, or lawful user cannot be identified or these individuals do not come to claim them, the person authorized to confiscate must issue a decision to confiscate the evidence and means of administrative violations for handling in accordance with the provisions of Clause 1 of Article 61 amended and supplemented by the Ordinance Amending and Supplementing Certain Provisions of the Administrative Violation Handling Ordinance 2008.

4. For personal or organizational property that has been seized or used illegally, depending on the nature and degree of the administrative violation, it may be considered for return to the owner, manager, or lawful user.

5. Storage fees, wharfage fees, preservation fees for evidence and means of administrative violations and other expenses in accordance with the law shall be deducted from the proceeds from selling the evidence and means of administrative violations.

No storage fees, wharfage fees, or preservation fees shall be charged during the period when the evidence and means are temporarily detained if the owner of the evidence and means did not commit the administrative violation or if the confiscation measure is not applied to the evidence and means.

6. The person who has evidence and means of administrative violations temporarily detained shall only pay storage fees, wharfage fees, preservation fees for the evidence and means of administrative violations and other expenses in accordance with the law during the period of temporary detention as specified in Clause 5 of Article 46 amended and supplemented by the Ordinance Amending and Supplementing Certain Provisions of the Administrative Violation Handling Ordinance 2008.

In cases where the person who has evidence and means of administrative violations has been notified to reclaim the temporarily detained evidence and means but does not come to claim them within the notification period, they must pay storage fees, wharfage fees, preservation fees for the evidence and means of administrative violations and other expenses for the time exceeding the notification period, except in cases of justifiable reasons; if more than thirty days have passed since the end of the notification period and the person has not come to claim the evidence and means, they shall be handled in accordance with the provisions of Clause 3 of this Article.

Article 40. Transfer of Violation Case Files with Indications of Criminal Offenses for Criminal Liability Pursuit.

In cases where a violation is being considered to decide on administrative sanctions, if it is found that the violation has indications of criminal offenses, or in cases where an administrative sanction decision has been made and subsequently it is discovered that the violation has indications of criminal offenses without the statute of limitations for criminal liability having expired, then the case file must be transferred to the competent criminal proceedings authority in accordance with the provisions of Article 62 of the Administrative Sanctions Handling Ordinance 2002.

Chapter V

COMPLAINTS, REPORTING, EXPLOITATION, AND VIOLATION HANDLING

Article 41. Complaints and Reports

1. Individuals or organizations subject to administrative sanctions in the field of security and public order, or their legitimate representatives, have the right to appeal against decisions on administrative sanctions, decisions on preventive measures, and guarantees for the handling of administrative violations by authorized persons.

Any individual or organization has the right to report to state authorities with jurisdiction any acts contrary to the law regarding administrative sanctions in the field of security and public order.

2. Appeals and complaints, as well as the resolution of appeals and complaints, shall be carried out in accordance with the provisions of the Law on Appeals and Complaints.

3. Initiating litigation against decisions on administrative sanctions, decisions on preventive measures, and guarantees for the handling of administrative sanctions in the field of security and public order shall be carried out in accordance with the provisions of the law on procedures for resolving administrative cases.

Article 42. Awards

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

Article 43. Handling of Violations

1. An authorized person who imposes administrative sanctions in the field of security and public order, if they abuse power, harass, tolerate, cover up, fail to impose sanctions, impose sanctions untimely, incorrectly, or beyond their authority, will be subject to disciplinary action or criminal liability pursuit depending on the nature and severity of the violation; if damage is caused to the State, citizens, or organizations, compensation must be provided according to the law.

2. Individuals or organizations that violate the provisions of this Decree and do not voluntarily comply with the administrative sanction decision shall be subject to enforcement; if they commit an administrative violation and obstruct, resist public officials, or use deceitful or bribery methods to delay or evade inspection, supervision, or administrative sanctions from authorized persons, they may be subject to administrative violation handling or criminal liability pursuit depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 44. Effective date of implementation

This Decree takes effect from September 1, 2010, and replaces Government Decree No. 150/2005/NĐ-CP dated December 12, 2005, concerning administrative sanctions in the fields of security, public order, and social safety.

Article 45. Responsibility for Implementation

1. The Minister of Public Security is responsible for organizing, urging, and inspecting the implementation of this Decree; issuing standardized forms for use when imposing administrative sanctions in the fields of security and public order.

2. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, and related organizations and individuals are responsible for implementing this Decree./.