Circular No. 82/2022/TT-BQP guides the implementation of certain provisions of Decree No. 96/2020/NĐ-CP dated August 24, 2020 of the Government on administrative penalties for violations in the field of management and protection of national borders and Decree No. 37/2022/NĐ-CP dated June 6, 2022 of the Government amending and supplementing certain provisions of decrees on administrative penalties in the fields of national defense, cryptographic communications; management and protection of national borders; and on the continental shelf, islands, and territorial waters of the Socialist Republic of Vietnam.

CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 96/2020/NĐ-CP dated August 24, 2020 of the Government on Administrative Sanctions for Violations in the Field of Management and Protection of National Borders and Decree No. 37/2022/NĐ-CP dated June 6, 2022 of the Government Amending and Supplementing Certain Provisions of Decrees on Administrative Sanctions for Violations in the Fields of National Defense, Cryptography; Management and Protection of National Borders; in the Sea, Islands, and Continental Shelf of the Socialist Republic of Vietnam
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Pursuant to Decree No. 96/2020/NĐ-CP dated August 24, 2020 of the Government on Administrative Sanctions for Violations in the Field of Management and Protection of National Borders;

Pursuant to Decree No. 37/2022/NĐ-CP dated June 6, 2022 of the Government Amending and Supple, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPmenting Certain Provisions of Decrees on Administrative Sanctions for Violations in the Fields of National Defense, Cryptography; Management and Protection of National Borders; in the Sea, Islands, and Continental Shelf of the Socialist Republic of Vietnam;developmentof the Socialist Republic of Vietnam;

Based on Decree No. 164/2017/NĐ-CP dated December 30, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the Commander of the Border Guard Force;

The Minister of National Defense issues this Circular guiding the implementation of certain provisions of Decree No. 96/2020/NĐ-CP dated August 24, 2020 of the Government on Administrative Sanctions for Violations in the Field of Management and Protection of National Borders and Decree No. 37/2022/NĐ-CP dated June 6, 2022 of the Government Amending and Supplementing Certain Provisions of Decrees on Administrative Sanctions for Violations in the Fields of National Defense, Cryptography; Management and Protection of National Borders; in the Sea, Islands, and Continental Shelf of the Socialist Republic of Vietnam.No.of the Socialist Republic of Vietnam., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPmenting Certain Provisions of Decrees on Administrative Sanctions for Violations in the Fields of National Defense, Cryptography; Management and Protection of National Borders; in the Sea, Islands, and Continental Shelf of the Socialist Republic of Vietnam;developmentThis Circular guides the implementation of point a Clause 1, point a, point c Clause 2 Article 5; Clause 1, point b Clause 2, point a Clause 3, point c, point e Clause 5, Clause 9 Article 6; Clause 1 Article 7; Clause 1 Article 8; Clause 1 Article 10; Article 14; Article 16 and Article 18 of Decree No. 96/2020/NĐ-CP dated August 24, 2020 of the Government on Administrative Sanctions for Violations in the Field of Management and Protection of National Borders (hereinafter referred to as Decree No. 96/2020/NĐ-CP); Clause 7, Clause 13 Article 2 of Decree No. 37/2022/NĐ-CP dated June 6, 2022 of the Government Amending and Supplementing Certain Provisions of Decrees on Administrative Sanctions for Violations in the Fields of National Defense, Cryptography; Management and Protection of National Borders; in the Sea, Islands, and Continental Shelf of the Socialist Republic of Vietnam (hereinafter referred to as Decree No. 37/2022/NĐ-CP).

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular applies to organizations and individuals of Vietnam, foreign organizations and individuals who commit administrative violations within the territory of Vietnam; persons authorized to prepare records and persons authorized to impose administrative sanctions as stipulated in Decree No. 96/2020/NĐ-CP, amended and supplemented by Decree No. 37/2022/NĐ-CP.

Article 2. Applicability

ADMINISTRATIVE VIOLATIONS AND AUTHORITY TO IMPOSE ADMINISTRATIVE SANCTIONS

Chapter II
Article 3. Violations of regulations on management and protection of national border lines, boundary markers, and signs of national borders as stipulated in point a Clause 1, point a, point c Clause 2 Article 5 of Decree No. 96/2020/NĐ-CP

1. The act of "damaging" as stipulated in point a Clause 1 and point a Clause 2 Article 5 of Decree No. 96/2020/NĐ-CP means altering the original state of boundary markers, signposts, signs of national borders, marking objects along the national border, flag poles, sovereignty pillars on islands, base points, coastal defense works, and border works.

Coastal defense works are military and civilian defense structures located in the border sea area, excluding border works defined in Clause 3 hereof.

Border works are constructions built to fix the national border line, serving the management and protection of the national border.

2. The act stipulated in point c Clause 2 Article 5 of Decree No. 96/2020/NĐ-CP is the act of constructing permanent structures without prior agreement from the competent authority of Vietnam and the neighboring country, including expanding existing structures within 30 meters from the land border line between Vietnam and China or 100 meters from the land border line between Vietnam and Laos and Vietnam and Cambodia.

Permanent structures are constructions built with construction materials according to a design that is permanent, solid, and long-lasting, classified based on their functions, including: Civilian, industrial, technical infrastructure, transportation, agriculture and rural development, national defense, security structures, and equipment installed in these structures, connected and positioned with the ground, which may include parts below ground level, above ground level, below water level, and above water level but do not include: Border patrol roads; barbed wire fences; surveillance, control, and prevention devices; customs facilities.

A permanent structure is a construction built with building materials according to a design that has a permanent nature, stability, and long-term existence, classified by its functional use, including: Civil works, industrial works, technical infrastructure, transportation, agriculture and rural development, national defense, security, and equipment installed in the works, connected and positioned with the ground, which may include parts below ground level, above ground level, below water level, and above water level, but does not include: Border patrol roads; barbed wire fences; surveillance, control, and prevention devices; and border gate works.

Article 4. The acts violating the regulations on the border area regime prescribed in points b and c Clause 1, point a Clause 3, points c, d, and e Clause 5, and Clause 9, Article 6 of Decree No. 96/2020/NĐ-CP.

1. The act prescribed in point b Clause 1 Article 6 of Decree No. 96/2020/NĐ-CP includes:

Persons who are implementing decisions of competent authorities prohibiting residence in the land border area, persons not yet permitted to leave the country, temporarily suspended from leaving the country;

Persons against whom measures to prevent them from leaving their place of residence have been applied by competent authorities conducting criminal proceedings;

Persons sentenced to imprisonment but without a decision on enforcement, granted probation or currently having their prison sentence suspended, or under house arrest;

Persons subject to educational measures at commune, ward, town level; placed in juvenile correctional schools, compulsory education facilities, compulsory drug rehabilitation centers, but currently having their execution suspended or temporarily halted;

Persons not falling within the scope prescribed in Clause 1 Article 5 of Decree No. 34/2014/NĐ-CP dated April 29, 2014 of the Government on the Border Area Regime of the Socialist Republic of Vietnam: Border residents; persons holding permits issued by authorized public security agencies allowing residence in the land border area; officers, professional soldiers, defense workers, non-commissioned officers, and soldiers of the People's Army of Vietnam; officers, workers, officials, non-commissioned officers, and technical staff of the People's Public Security Force stationed in the land border area;

In cases where persons not allowed to reside in the land border area enter the land border area due to special reasons as provided in point d Clause 1 Article 6 of Circular No. 43/2015/TT-BQP dated May 28, 2015 of the Minister of National Defense guiding the implementation of certain provisions of Decree No. 34/2014/NĐ-CP dated April 29, 2014 of the Government on the Border Area Regime of the Socialist Republic of Vietnam such as when parents, spouses, children die or fall ill, in addition to identity documents, they must hold permits issued by the police station of the locality where they reside, and simultaneously report to the Border Guard Post or local police station about their stay in the border area; in cases of overnight stays or entry into the border zone with the consent of the local Border Guard Post, they will not be penalized for the act of "Temporary residence, stay, and movement in the land border area contrary to regulations."

b) Temporary residence, stay, and movement in the land border area without complying with guidance, inspection, and control by the Border Guard Post, local police station, and competent forces as prescribed by law.

2. The act prescribed in point c Clause 1 Article 6 of Decree No. 96/2020/NĐ-CP is the act of individuals or organizations failing to report, declare, or register with competent authorities regarding temporary residence or stay in the land border area, or knowingly concealing, harboring, assisting, or facilitating persons who are not permitted to move, reside, or stay in the land border area.

3. The act prescribed in point b Clause 2 Article 6 of Decree No. 96/2020/NĐ-CP is the act of border residents using prescribed documents to cross the border into the neighboring country's border area or border region but exceeding the administrative boundaries of one commune, district, or equivalent administrative unit adjacent to the international border, specifically:

a) For the Vietnam-China border: Using Border Region Cross-Border Travel Pass and exceeding the administrative boundary of a county;

b) For the Vietnam-Laos border: Using documents stipulated in point b Clause 4 of this Article and exceeding the administrative boundary of a commune in Vietnam and a village in Laos;

c) For the Vietnam-Cambodia border: Using Identity Card or Citizen Identification Card and exceeding the administrative boundary of a commune.

4. Documents valid for border crossing applicable to border residents prescribed in point a Clause 3 and point c Clause 5 Article 6 of Decree No. 96/2020/NĐ-CP include:

a) For the Vietnam-China border: Border Region Cross-Border Travel Pass;

b) For the Vietnam-Laos border: Documents agreed upon by both sides (as stipulated in point d Clause 1 Article 23 of the Agreement on Border Management and Border Gate Management between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic dated March 16, 2016);

c) For the Vietnam-Cambodia border: Identity Card, Citizen Identification Card.

5. Documents valid for border crossing prescribed in point e Clause 5 Article 6 of Decree No. 96/2020/NĐ-CP include:

a) For the Vietnam-China border: Passport, electronic passport, visa, electronic visa, international travel document, travel pass, entry-exit travel pass, border region entry-exit travel pass, ABTC card, temporary residence card, permanent residence card, visa exemption certificate;

b) For the Vietnam-Laos border: Passport, electronic passport, visa, electronic visa, international travel document, travel pass, border travel pass, travel book, ABTC card, temporary residence card, permanent residence card, visa exemption certificate;

c) For the Vietnam-Cambodia border: Passport, electronic passport, visa, electronic visa, international travel document, travel pass, border travel pass, ABTC card, temporary residence card, permanent residence card, visa exemption certificate.

6. Documents valid for border crossing prescribed in point đ Clause 5 Article 6 of Decree No. 96/2020/NĐ-CP include the types of documents prescribed in Clauses 4 and 5 of this Article.

7. The act prescribed in point a, Clause 9, Article 6 of Decree No. 96/2020/ND-CP is the act of citizens of countries sharing a border crossing the border into Vietnam or Vietnamese citizens crossing the border to a country sharing a border to bury corpses, bones, animal carcasses, or moving graves within the border zone.

8. The act of firing guns for hunting within a range of 1,000 meters from the land boundary but not reaching the level of criminal responsibility prescribed in point b, Clause 9, Article 6 of Decree No. 96/2020/ND-CP, amended and supplemented in point a, Clause 7, Article 2 of Decree No. 37/2022/ND-CP, is the case where:

a) The act of firing the following types of guns:

Types of hunting guns prescribed in Clause 3, Article 3 of the Law on Management and Use of Weapons, Explosives, and Technical Equipment 2017, including: Spring guns, air guns, and ammunition used for these types of guns;

Types of guns listed in the weapons for sports category prescribed in Clause 5, Article 3 of the Law on Management and Use of Weapons, Explosives, and Technical Equipment 2017, including: Air rifle, firearm, air pistol, firearm, sports paintball gun, disc thrower gun, and ammunition used for these types of guns;

Types of guns listed in the category of weapons with functions similar to hunting guns, crude weapons, and sports weapons, which are handmade or industrially produced without following the technical standards and designs of legitimate manufacturers, capable of causing harm to human life and health, and destroying material structures similar to hunting guns, crude weapons, and sports weapons prescribed in Clause 6, Article 3 of the Law on Management and Use of Weapons, Explosives, and Technical Equipment 2017, amended in point b, Clause 1, Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Management and Use of Weapons, Explosives, and Technical Equipment 2019.

b) The act of firing the types of guns prescribed in point a of this Clause is the case where firing guns causes damage to the health or property of others but does not reach the level of criminal responsibility; does not fall under the violation of regulations on protecting rare and precious animals as stipulated in Article 244 of the Penal Code, and falls into one of the following cases:

Has not been administratively punished for any of the acts of manufacturing, storing, transporting, using, illegally trading, or appropriating hunting guns, crude weapons, sports weapons, or technical equipment;

A person who has committed one of the administrative violations such as manufacturing, storing, transporting, using, illegally trading, or appropriating hunting guns, crude weapons, sports weapons, or technical equipment but the time limit for administrative punishment has expired; a person who has been administratively punished for one of these acts within six months from the date of completion of the warning penalty decision or one year from the date of completion of other administrative penalty decisions, or from the date when the time limit for enforcement of the administrative punishment decision has expired without reoffending;

A person who has committed the crime prescribed in Article 306 of the Penal Code 2015, amended in 2017, but the time limit for criminal prosecution has expired; or has been convicted of this crime but the time limit for enforcement of the judgment has expired or the criminal record has been expunged.

Article 5. The violation of the border gate management regulations stipulated in Clause 1, Article 7 and the violations of the regulations on management and protection of border works, signs within the border area, border land gate area, port gate area prescribed in Clause 1, Article 10 of Decree No. 96/2020/NĐ-CP.

1. The acts prescribed in Clause 1, Article 7 of Decree No. 96/2020/NĐ-CP include:

a) Entering or exiting the border land gate area by persons not belonging to the following categories:

Passengers departing or entering the country;

Officials, soldiers, staff, civil servants of specialized state management agencies and related state agencies having their offices or workplaces within the gate area;

Staff of organizations, entities, individuals operating services and trade within the gate area;

Persons controlling, working on vehicles transporting goods and passengers for export, import, departure, entry;

Owners of goods, traders exporting, importing goods entering or exiting the gate area to complete export, import procedures;

Persons coming to work with specialized state management agencies and related agencies having their offices or workplaces within the gate area;

Persons coming to examine or treat diseases (in cases where there is a medical area within the gate area for examination and treatment); Persons entering or exiting the gate area for sightseeing, welcoming or sending off or other purposes when permitted and subject to inspection, supervision, guidance by the Border Gate Police Post.

b) Temporary residence in the border land gate area by persons not belonging to the following categories:

Officials, soldiers, staff, civil servants of specialized state management agencies and related agencies having their offices or workplaces within the gate area;

Staff of organizations, entities, individuals operating services and trade within the gate area;

Vietnamese and foreign nationals staying within the gate area due to incomplete exit or entry procedures for persons, vehicles, goods or those staying within the gate area for other lawful reasons who have registered temporary residence and are subject to management, inspection, supervision by the Border Gate Police Station.

c) Controlling vehicles entering or exiting, operating, residing in the border land gate area not falling under the following cases:

Vehicles transporting people for departure or entry, goods for export or import; vehicles transporting, loading/unloading goods at warehouses, yards within the gate area;

Vehicles being exported or imported goods;

Vehicles transporting officials, soldiers, staff, civil servants to work at the gate or vehicles of officials, soldiers, staff, civil servants working at the gate;

Vehicles of Vietnam or foreign countries staying within the gate area due to incomplete exit or entry procedures for vehicles, goods who have registered temporary residence and are subject to management, inspection, supervision by the Border Gate Police Station.

2. The acts prescribed in Clause 1, Article 10 of Decree No. 96/2020/NĐ-CP are acts of writing, drawing, painting with ink, paint or other materials, or using methods to erase, cover letters, images, symbols, information on signs, or other acts affecting the function of transmitting information of signs in the border area, gate area, except for the acts prescribed in Clauses 2, 3, 4, and 7 of Article 10 of Decree No. 96/2020/NĐ-CP.

Article 6. Violations concerning the management of activities of persons and means of transport in the maritime border area as stipulated at point b and point c, Clause 1, Article 8 of Decree No. 96/2020/NĐ-CP

1. The violation stipulated at point b, Clause 1, Article 8 of Decree No. 96/2020/NĐ-CP includes:

a) Residing or temporarily residing beyond the prescribed period for foreigners working, studying, investing, or engaging in business activities in economic zones within the maritime border area or having part of their administrative boundaries within the maritime border area;

b) Temporarily residing, lodging, or moving around in the maritime border area without complying with the inspection and control of the Border Guard Force and other competent authorities.

2. The violation stipulated at point c, Clause 1, Article 8 of Decree No. 96/2020/NĐ-CP refers to the actions of individuals or organizations who fail to report, declare, or register with the competent authority regarding temporary residence or lodging in the maritime border area, or knowingly assist, conceal, shelter, or facilitate others who are not permitted to move around, temporarily reside, or lodge in the maritime border area.

Article 7. Administrative violations in the fisheries sector occurring in the maritime border area, administrative violations in the forestry sector, environmental protection, and construction occurring in the border area and ports as stipulated in Article 14 of Decree No. 96/2020/NĐ-CP, amended and supplemented in Clause 13, Article 2 of Decree No. 37/2022/NĐ-CP

1. Administrative violations in the fisheries sector occurring in the maritime border area under the penalty authority of the Border Guard Force as stipulated in Clause 1, Article 14 of Decree No. 96/2020/NĐ-CP, amended and supplemented in Clause 13, Article 2 of Decree No. 37/2022/NĐ-CP include: Administrative violations specified in Clause 4, Article 54 (Penalty Authority of the Border Guard Force), Article 17 (Violations of regulations on conditions for aquaculture), Article 18 (Violations of regulations on import and export of live aquatic products), Article 20 (Serious violations in fishing), Article 22 (Violations of regulations on fishing quota), Article 31 (Violations of regulations on building and modifying fishing vessels), Article 32 (Violations of regulations on importing fishing vessels, except for cases where fishing vessels are provided as aid by foreign governments, organizations, or individuals to Vietnam), Article 34 (Violations of regulations on vessel inspection), Article 39 (Violations of regulations on fishery harbors and anchorage areas for fishing vessels), Article 40 (Violations of regulations on fishery harbor management), and Article 42 (Violations of regulations on import, temporary import, re-export, transshipment, and transit of illegally caught, unreported, and unregulated seafood; export and import of seafood) of Decree No. 42/2019/NĐ-CP dated May 16, 2019, of the Government on penalties for administrative violations in the fisheries sector (hereinafter referred to as Decree No. 42/2019/NĐ-CP); the penalty authority, forms, levels of penalties, and measures to remedy consequences shall be applied according to the Law on Handling Administrative Violations, Decree No. 42/2019/NĐ-CP, and Decree No. 96/2020/NĐ-CP.

2. Administrative violations in the fisheries sector occurring in the maritime border area under the penalty authority of the Coast Guard as stipulated in Clause 1, Article 14 of Decree No. 96/2020/NĐ-CP, amended and supplemented in Clause 13, Article 2 of Decree No. 37/2022/NĐ-CP include: Administrative violations specified in Clause 5, Article 54 (Penalty Authority of the Coast Guard), Article 17 (Violations of regulations on conditions for aquaculture), Article 18 (Violations of regulations on import and export of live aquatic products), Article 20 (Serious violations in fishing), Article 22 (Violations of regulations on fishing quota), Article 31 (Violations of regulations on building and modifying fishing vessels), Article 32 (Violations of regulations on importing fishing vessels, excluding cases where fishing vessels are provided as aid by foreign governments, organizations, or individuals to Vietnam), Article 34 (Violations of regulations on vessel inspection), Article 40 (Violations of regulations on fishery harbor management), and Article 42 (Violations of regulations on import, temporary import, re-export, transshipment, and transit of illegally caught, unreported, and unregulated seafood; export and import of seafood) of Decree No. 42/2019/NĐ-CP; the penalty authority, forms, levels of penalties, and measures to remedy consequences shall be applied according to the Law on Handling Administrative Violations, Decree No. 42/2019/NĐ-CP, and Decree No. 96/2020/NĐ-CP.

3. The implementation of penalties for the violations stipulated in Clause 2, Article 14 of Decree No. 96/2020/NĐ-CP, amended and supplemented in Clause 13, Article 2 of Decree No. 37/2022/NĐ-CP shall be carried out as follows:

a) Violations by Vietnamese citizens crossing the border into the territory of neighboring countries or third countries to exploit forests, destroy forests, hunt, kill, raise, or detain wild animals, store, transport, buy, sell, or process forest products in violation of the law, if they have not been penalized by the host country and the violations have not reached the level of criminal prosecution, shall be subject to administrative penalties for corresponding violations as stipulated in Article 13 (Illegal Forest Exploitation), Article 20 (Illegal Forest Destruction), Article 21 (Violations of Regulations on Protecting Wild Animals), Article 22 (Illegal Transport of Forest Products), and Article 23 (Illegal Storage, Purchase, Sale, or Processing of Forest Products) of Decree No. 35/2019/NĐ-CP dated April 25, 2019, of the Government on Penalties for Administrative Violations in the Forestry Sector (hereinafter referred to as Decree No. 35/2019/NĐ-CP), amended and supplemented by Decree No. 07/2022/NĐ-CP dated January 10, 2022, of the Government amending and supplementing certain articles of decrees on penalties for administrative violations in the forestry sector, plant quarantine and protection, veterinary medicine, and animal husbandry (hereinafter referred to as Decree No. 07/2022/NĐ-CP).

b) Acts of storing, transporting, buying, selling, processing forest products with origins from across the border contrary to the law in the border area but not reaching the level of criminal prosecution shall be subject to administrative penalties for the corresponding acts as prescribed in Article 22 (Illegal Transport of Forest Products) and Article 23 (Illegal Storing, Buying, Selling, Processing of Forest Products) of Decree No. 35/2019/ND-CP, amended and supplemented by Decree No. 07/2022/ND-CP.

4. The penalty for acts of buying, exchanging, transporting, storing prohibited substances harmful to human health, livestock, crops, environment, public order, and social safety in the border area; causing public hygiene issues, environmental pollution affecting the appearance of border gates shall be implemented according to the provisions of Clause 3, Article 14 of Decree No. 96/2020/ND-CP, amended at Clause 13, Article 2 of Decree No. 37/2022/ND-CP. The authority to impose penalties, forms, levels of fines, and measures to remedy consequences shall be applied according to the provisions of the Law on Handling Administrative Violations, Decree No. 155/2016/ND-CP dated November 18, 2016 of the Government on administrative penalties in the field of environmental protection, amended and supplemented by Decree No. 55/2021/ND-CP dated May 24, 2021 of the Government, and Decree No. 96/2020/ND-CP.

5. For violations concerning surveying, planning, urban planning; adjusting construction planning, urban planning; commencing, constructing construction projects, and construction order occurring in the border area, border gates as stipulated in Clause 4, Article 14 of Decree No. 96/2022/ND-CP, amended and supplemented at Clause 13 of Decree No. 37/2022/ND-CP, the Border Guard shall impose penalties according to the provisions of Article 8 (Violations of Construction Survey Regulations), Article 9 (Violations of Construction Planning and Urban Planning Regulations), Article 10 (Violations of Adjusted Construction Planning and Urban Planning Regulations), Article 14 (Violations of Urban Development Investment Regulations), Article 15 (Violations of Commencement of Construction Project Regulations), Article 16 (Violations of Construction Order Regulations), and Article 17 (Violations of Construction Project Execution Regulations) of Decree No. 16/2022/ND-CP dated January 28, 2022 of the Government on administrative penalties for construction violations; the authority to impose penalties, forms, levels of fines, and measures to remedy consequences shall be applied according to the provisions of the Law on Handling Administrative Violations, Decree No. 16/2022/ND-CP, and Decree No. 96/2020/ND-CP.

Article 8. The title of the authority to impose penalties of the Border Guard as stipulated in Clause 1, Article 16 and of the Coast Guard as stipulated in Clause 1, Article 18 of Decree No. 96/2020/ND-CP.

1. The title of Border Guard soldier.

a) Border Guard soldiers as stipulated in Clause 1, Article 16 of Decree No. 96/2020/ND-CP are officers without holding positions, professional military personnel without holding titles, performing official duties related to handling administrative violations;

b) Sub-officers and soldiers of the Border Guard without the authority to impose administrative penalties as stipulated in Clause 1, Article 16 of Decree No. 96/2020/ND-CP.

2. Coast Guard Officer is a Vietnamese Coast Guard officer appointed according to Circular No. 177/2019/TT-BQP dated November 30, 2019 of the Minister of National Defense detailing standards, conditions, procedures, formalities for appointment, removal, dismissal, and sample certificates of Coast Guard Officers and Coast Guard Investigators of the Vietnamese Coast Guard; implementing tasks and powers to handle administrative violations according to the law on handling administrative violations, collecting, analyzing, evaluating, forecasting, advising on security, safety, maritime sovereignty situations, crime situations, and law violations; preventing, detecting, combating, and stopping crimes according to the criminal law and criminal procedure law.

Chapter III
IMPLEMENTATION

Article 9. Effective Date

1. This Circular takes effect from January 8, 2023, and replaces Circular No. 173/2020/TT-BQP dated December 30, 2020 of the Minister of National Defense detailing some provisions of Decree No. 96/2020/ND-CP dated August 24, 2020 of the Government on administrative penalties in the field of border management and protection.

2. In cases where the cited documents in this Circular are amended, supplemented, or replaced, the amended, supplemented, or replacing documents shall apply.

Article 10. Responsibility for Implementation

1. The Commander of the Border Guard Force, the Commander of the Vietnam Coast Guard shall directly organize and implement this Circular and supervise the administrative penalty enforcement in the field of national border management and protection by subordinate levels.

2. In case difficulties arise during implementation, relevant agencies, units, and organizations shall promptly report to the Ministry of National Defense (through the Border Guard Command) for consideration and resolution./.