Decree No. 91/2011/NĐ-CP on administrative sanctions for violations concerning the protection, care, and education of children

DECREE

Provisions on administrative penalties for violations related to the protection, care, and education of children

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THE GOVERNMENT

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

Pursuant to the Law on Protection, Care, and Education of Children dated June 15, 2004;

Based on the Administrative Violation Handling Ordinance dated July 2, 2002, and the Ordinance amending and supplementing certain articles of the Administrative Violation Handling Ordinance dated April 2, 2008;

Considering the proposal of the Minister of Labor, Invalids, and Social Affairs,

DECREE

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violation, forms and levels of fines, measures to remedy consequences; procedures for imposing penalties, and the authority to impose administrative penalties regarding the protection, care, and education of children.

2. Acts of administrative violation concerning the protection, care, and education of children specified in Chapter II of this Decree are those acts violating the provisions of laws on the protection, care, and education of children carried out intentionally or negligently by individuals or organizations that are not criminal offenses and must be subject to administrative penalties according to the law.

3. Other administrative violations concerning the protection, care, and education of children not directly stipulated in this Decree shall be handled according to the regulations on administrative penalties in relevant areas of state management.

Article 2. Applicability

This Decree applies to the following entities:

1. Vietnamese individuals and organizations committing administrative violations concerning the protection, care, and education of children shall be penalized according to this Decree and other relevant legal provisions on administrative penalties.

2. Foreign individuals and organizations committing administrative violations concerning the protection, care, and education of children within the territory of Vietnam shall be subject to administrative penalties according to Vietnamese law.

3. In cases where civil servants, public officials, or employees commit violations of the law in their duties related to the protection, care, and education of children, they shall not be subject to administrative penalties under this Decree but shall be dealt with according to the regulations on civil servants, public officials, and employees.

Article 3. Principles of Administrative Penalties

1. The principles of administrative penalties concerning the protection, care, and education of children shall be applied according to Article 3 of the Administrative Violation Handling Ordinance and Articles 3 and 4 of Government Decree No. 128/2008/NĐ-CP dated December 16, 2008, detailing the implementation of certain articles of the Administrative Violation Handling Ordinance in 2002 and the Ordinance amending and supplementing certain articles of the Administrative Violation Handling Ordinance in 2008 (hereinafter referred to as Decree No. 128/2008/NĐ-CP).

2. The imposition of administrative penalties concerning the protection, care, and education of children by persons with authority must comply strictly with the provisions of the law.

Article 4. Aggravating and Mitigating Circumstances

Aggravating and mitigating circumstances in the imposition of administrative penalties for acts of violation stipulated in Chapter II of this Decree shall be implemented according to Article 8 and Article 9 of the Administrative Violation Handling Ordinance and Article 6 of Decree No. 128/2008/NĐ-CP.

Article 5. Statute of Limitations for Administrative Penalties

1. The statute of limitations for administrative penalties concerning the protection, care, and education of children is one year, counted from the date the act of administrative violation was committed.

2. If an individual has been indicted, prosecuted, or had a case decided to be brought to trial according to criminal proceedings, but subsequently has a decision to terminate investigation or terminate the case, and the act of violation has signs of administrative violation concerning the protection, care, and education of children, then they shall be subject to administrative penalties; within three days from the date of issuing the decision to terminate investigation or terminate the case, the person who issued the decision must send the decision and the case file to the person authorized to impose penalties; in this case, the statute of limitations for administrative penalties is three months, counted from the date the person authorized to impose penalties receives the decision to terminate and the case file.

3. Within the time limit stipulated in Clause 1 and Clause 2 of this Article, if an individual or organization commits a new act of administrative violation concerning the protection, care, and education of children or deliberately evades or obstructs the imposition of penalties, the statute of limitations stipulated in Clause 1 and Clause 2 of this Article shall not apply. In such cases, the statute of limitations for administrative penalties shall be counted from the date of committing the new act of administrative violation or the date when evasion or obstruction of the imposition of penalties ceases.

4. If beyond the time limit stipulated in Clause 1 of this Article, individuals or organizations committing administrative violations concerning the protection, care, and education of children shall not be subject to penalties but may still have one or more remedial measures applied according to Clause 3 of Article 7 of this Decree.

Article 6. Period Considered as Not Having Been Administered Administrative Sanctions

An individual or organization that has been administratively sanctioned for violations related to the protection, care, and education of children shall be considered as not having been administratively sanctioned for such violations if they have not committed any further offenses within one year from the date of completing the execution of the administrative sanction decision or from the date when the statute of limitations for enforcing the administrative sanction decision expires.

Article 7. Forms of Administrative Sanctions and Measures to Rectify Consequences

1. For each administrative violation, the violator, whether an individual or an organization, must bear one of the following main forms of administrative sanctions:

a) Warning;

b) Fine.

2. Depending on the nature and severity of the administrative violation by individuals or organizations regarding the protection, care, and education of children, supplementary forms of administrative sanctions may also be applied:

a) Revocation of the right to use licenses or practice certificates for a period of one month to three months or three months to six months, or revocation of the right to use operating licenses indefinitely for individuals or organizations committing administrative violations concerning the protection, care, and education of children;

b) Confiscation of property or means of transportation used by individuals or organizations to commit administrative violations concerning the protection, care, and education of children.

3. In addition to the forms of administrative sanctions stipulated in Clause 1 and Clause 2 of this Article, individuals or organizations violating administrative regulations on the protection, care, and education of children may also be subject to one or more of the following measures to rectify consequences:

a) Compelling individuals or organizations to cover all medical examination and treatment costs for children, including accident and injury treatments;

b) Compelling individuals or organizations to cover all costs for returning children to their families, substitute families, or child assistance facilities;

c) Compelling parents or guardians to fulfill their responsibilities for caring for, raising, and providing maintenance for children according to the provisions of the law;

d) Compelling the destruction of products containing content that entices or incites children to run away and wander;

đ) Compelling the destruction of cultural products, products, or toys containing pornographic, violent, obscene, horrific, or dangerous content harmful to the healthy development of children used to commit administrative violations concerning the protection, care, and education of children;

e) Compelling the isolation or destruction of items harmful to children's health, animals, plants, implementing measures to address unsafe conditions, environmental pollution, and disease spread resulting from the violation;

g) Compelling individuals or organizations to restore the original condition that was altered or to dismantle illegally constructed buildings or installed equipment;

h) Compelling organizations to register the establishment of child assistance facilities in accordance with the regulations;

i) Compelling individuals or organizations to return the amount of money collected in violation of regulations or to pay back the amount of money obtained through the implementation of administrative violations concerning the protection, care, and education of children;

k) Compelling individuals or organizations to return the amount of money or other material benefits obtained through the implementation of administrative violations concerning the protection, care, and education of children.

Chapter II

For the act of trading counterfeit goods without utility or function as stipulated in Clause 1, Article 4 of this Decree, the fine shall be as follows:

Article 8. Acts of Obstructing Medical Examination and Treatment for Children

1. Warning or imposing a fine of VND 500,000 to VND 1,000,000 on individuals who are taking care of, raising, supervising, or teaching children who discover that the child is ill or showing signs of illness but fail to promptly inform the family or immediately take the child to the nearest healthcare facility for examination and treatment, leading to serious consequences for the child.

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

a) Refusing to examine or treat children in accordance with the regulations or in emergency situations;

b) Charging fees for examining or treating children under six years old contrary to the provisions of the law;

c) Failing to use medical equipment or means for examining or treating children when conditions permit and permission is granted, leading to serious consequences for the child.

3. Additional forms of punishment:

Revoking the right to use licenses or practice certificates for a period of three months to six months for individuals or organizations committing acts as specified in Clause 1 and Clause 2 of this Article.

4. Measures to remedy consequences:

a) Compelling individuals or organizations to cover all medical examination and treatment costs for children due to the acts specified in Clause 1 and Clause 2 of this Article;

b) Compelling individuals or organizations to return the amount of money obtained due to the act specified in point b of Clause 2 of this Article.

Article 9. Acts of parents or guardians abandoning children

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

a) After giving birth, the father or mother abandons the child, does not care for or raise the child;

b) The father, mother, or guardian intentionally abandons the child in public places or forces the child to live apart from the family, leaving the child to fend for themselves without caring for, raising, or educating them, causing the child to fall into a special situation as prescribed in Article 40 of the Law on Protection, Care, and Education of Children;

c) The father, mother, or guardian fails to fulfill their duty to raise the child, severing emotional and material ties with the child, except in cases where the child is adopted or the child is required to be isolated according to the law.

2. Measures to remedy consequences:

Compel the father, mother, or guardian to fulfill their legal obligations to care for, raise, and educate the child due to committing the acts stipulated in Clause 1 of this Article.

Article 10. Acts of enticing, luring, forcing, or controlling children to beg; exploiting children who beg for personal gain

1. Fine from VND 1,000,000 to VND 3,000,000 for parents or guardians who force children to beg for a living.

2. Fine from VND 3,000,000 to VND 10,000,000 for any of the following acts:

a) Speaking, writing, translating, reproducing, recording audio or video, or other actions aimed at enticing, luring, forcing, or controlling children to leave home and beg;

b) Using money, material goods, reputation, or other benefits to entice, lure, force, or control children living with their families to leave home and beg.

3. Fine from VND 10,000,000 to VND 20,000,000 for any of the following acts of gathering or harboring children who beg to sell lottery tickets, books, newspapers, paintings, photographs, peddle goods, or engage in other activities for profit.

4. Measures to remedy consequences:

a) Order the destruction of books, newspapers, materials, paintings, photographs, tapes, discs aimed at enticing, luring, forcing, or controlling children to leave home and beg as prescribed in point a of Clause 2 of this Article;

b) Order individuals or organizations to return the proceeds obtained from committing the act stipulated in Clause 3 of this Article.

Article 11. Acts of allowing children to come into contact with cultural products and mass media information containing pornographic, violent, or horrific content

1. Fine from VND 5,000,000 to VND 10,000,000 for the act of allowing children to come into contact with cultural products and mass media information containing pornographic, violent, or horrific content.

2. Fine from VND 10,000,000 to VND 20,000,000 for the act of including images of children in cultural products and mass media information containing pornographic, violent, or horrific content.

3. Measures to remedy consequences:

Order the destruction of cultural products, information, and mass media containing pornographic, violent, or horrific content used to commit the acts stipulated in Clause 1 and Clause 2 of this Article.

Article 12. Acts of exploiting, enticing, or forcing children to buy, sell, or use cultural products that incite violence, obscenity, or horror; producing, copying, circulating, transporting, or storing pornographic children's cultural products; producing or selling toys, games harmful to the healthy development of children

1. Fine from VND 3,000,000 to VND 5,000,000 for any of the following acts of using emotional relationships, reputation, or dependency of children; using money, material goods, reputation, or other benefits; lying or cheating to entice or lure children to come into contact with, buy, sell, rent, borrow, use, disseminate, or participate in the production of cultural products, information, toys, games, or items containing violent, obscene, or horrific content harmful to children’s development.

2. Fine from VND 5,000,000 to VND 10,000,000 for the act of using force, threatening to use force, or exercising authority to compel children to come into contact with, buy, sell, rent, borrow, use, disseminate, or participate in the production of cultural products, information, toys, games, or items containing violent, obscene, or horrific content harmful to children’s development.

3. Fine from VND 15,000,000 to VND 20,000,000 for any of the following acts:

a) Producing, circulating, transporting, selling, storing, disseminating, or advertising toys or games that incite violence, obscenity, or horror, harmful to the healthy development of children;

b) Writing, translating, copying, producing, circulating, transporting, storing, disseminating, or advertising cultural products, information, toys, games, or items containing pornographic content targeting children;

c) Importing toys or games that incite violence, obscenity, or horror, harmful to the healthy development of children.

4. Additional forms of administrative punishment:

Revoke the business license indefinitely (if applicable) for individuals or organizations committing the acts stipulated in Clause 2 and Clause 3 of this Article.

5. Measures to remedy consequences:

Order the destruction of cultural products, information, toys, games, or items containing pornographic, violent, obscene, or horrific content harmful to the healthy development of children used to commit the acts stipulated in Clause 1, Clause 2, and Clause 3 of this Article.

Article 13. Acts of beating, mistreating, and abusing children; exploiting children for profit

1. A warning or a fine from VND 1,000,000 to VND 5,000,000 shall be imposed on any of the following acts:

a) Beating, infringing upon the body, causing harm to the health of children;

b) Treating children poorly such as forcing them to go without food or drink, making them endure cold, wearing torn clothes, not allowing or limiting personal hygiene, making them live in environments with harmful or dangerous conditions, preventing children from participating in lawful and healthy social activities;

c) Causing mental injury, insulting dignity, reputation, defaming, scolding, threatening, humiliating, isolating, neglecting, affecting the development of children;

d) Using punishment methods to teach children, causing physical and mental pain to children;

đ) Frequently threatening children with images, sounds, animals, objects that make children afraid, causing mental injury;

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

a) Organizing, forcing children to beg;

b) Renting out, lending children or using children to beg.

3. Measures to remedy consequences:

a) Compelling individuals or organizations to bear all costs for medical examination and treatment (if any) for children due to the acts stipulated in Clause 1 of this Article;

b) Compelling individuals or organizations to destroy items harmful to children's health; implementing measures to mitigate environmental pollution caused by individuals or organizations violating the acts stipulated in Clause 1 of this Article;

c) Compelling individuals or organizations to return the proceeds obtained from the acts stipulated in Clause 2 of this Article;

d) Compelling individuals or organizations to bear all costs for returning children to their families, substitute families, or child assistance facilities due to the acts stipulated in Clause 2 of this Article.

Article 14. Acts of inciting, instigating children to hate parents, guardians, or inciting, instigating, deceiving children to infringe upon the bodies, dignity, and reputations of others

1. A warning or a fine from VND 1,000,000 to VND 3,000,000 shall be imposed on acts of inciting, instigating, or deceiving children in any form to make children hate their parents or guardians.

2. A fine from VND 5,000,000 to VND 7,000,000 shall be imposed on acts of inciting, instigating, or deceiving children to infringe upon the bodies, dignity, and reputations of others.

3. Compelling individuals or organizations to bear all costs for medical examination and treatment for persons whose bodies, dignity, and reputations have been infringed upon by children due to the acts stipulated in Clause 2 of this Article.

Article 15. Acts of overworking children, using children for heavy, dangerous work, or contact with toxic substances, or engaging children in other work contrary to the provisions of the law

1. A warning or a fine from VND 1,000,000 to VND 5,000,000 shall be imposed on any of the following acts:

a) Parents compelling their children, guardians compelling the children under their guardianship, or foster parents compelling the children they are fostering to perform household work beyond their capacity, beyond the time limit, affecting their studies, play, and entertainment, adversely affecting the development of children, or compelling children to perform work prohibited by law;

b) Persons teaching trades to children compelling them to perform work beyond their capacity, heavy work, beyond the time limit, in hazardous and dangerous environments, adversely affecting the development of children.

2. A fine of between 10,000,000 VND and 20,000,000 VND shall be imposed for one of the following acts:

a) Using children to perform work in massage establishments, physiotherapy centers, casinos, bars, beer shops, or places with risks of adversely affecting the development of children’s personalities;

b) Allowing children to participate, using children in production, business, distribution of cultural products, information, communication, toys, games, and items containing violent, pornographic, horrific, dangerous, unsuitable, or harmful content for the development of children.

3. A fine from VND 20,000,000 to VND 40,000,000 shall be imposed on acts of using children to buy, sell, transport counterfeit goods, tax-evaded goods, illegal goods, currency across borders.

4. Additional forms of administrative punishment:

Seizure of tax-evaded goods, goods, and currency due to the acts stipulated in Clause 3 of this Article.

5. Measures to remedy consequences:

a) Compelling individuals or organizations to return the proceeds obtained from the acts stipulated in Clause 2 and Clause 3 of this Article;

b) Compelling individuals or organizations to bear all costs for medical examination and treatment for children due to the acts stipulated in Clause 2 of this Article;

c) Compelling individuals or organizations to destroy cultural products, information, communication, toys, games, and items containing violent, pornographic, horrific, dangerous, unsuitable, or harmful content for the development of children due to the acts stipulated in point b of Clause 2 of this Article.

Article 16. Acts obstructing children's education

1. A warning or a fine from VND 1,000,000 to VND 5,000,000 shall be imposed on any of the following acts:

a) Using force, threatening to use force, or using authority to compel children to drop out of school or take leave from school;

b) Refusing to accept or obstructing children infected with, suspected of being infected with, or at risk of being infected with HIV/AIDS, or children whose parents are infected with HIV/AIDS from enrolling in educational institutions as prescribed;

c) Refusing to accept children with disabilities who still meet the conditions for enrollment in educational institutions as prescribed;

d) Tempting or enticing children to drop out of school or take leave from school;

đ) Destroying books, notebooks, or learning materials of children;

e) Having the conditions but failing to ensure learning conditions for children, thereby limiting their right to education;

g) Intentionally failing to fulfill the obligation to contribute to children's education as prescribed by law, thus failing to ensure the time and conditions for children's learning.

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

a) Forcing children to drop out of school or take leave from school to exert pressure, file complaints, or hold illegal protests;

b) Damaging physical facilities and teaching equipment in educational institutions.

3. Additional forms of punishment:

Seize the objects and means used by individuals or organizations to commit the acts stipulated in point b, Clause 2 of this Article.

4. Measures to remedy consequences:

Order individuals or organizations to restore the original condition of the damaged physical facilities and teaching equipment as stipulated in point b, Clause 2 of this Article.

Article 17. Acts that insult or demean the honor and dignity of children who violate the law

1. Imposing a fine of VND 1,000,000 to VND 3,000,000 on any act using words, actions, or other acts that insult or demean the honor and dignity of children who violate the law.

2. Measures to remedy consequences:

Order individuals or organizations to bear all costs for medical examination and treatment of children due to the acts stipulated in Clause 1 of this Article.

Article 18. Acts of establishing cemeteries, production facilities, warehouses storing pesticides, toxic chemicals, radioactive substances, or flammable and explosive materials near childcare facilities, educational institutions, cultural centers, or children's entertainment venues, or vice versa

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

a) Establishing cemeteries, production facilities, or warehouses storing pesticides, toxic chemicals, or flammable and explosive materials within the range affecting childcare facilities, educational institutions, cultural centers, or children's entertainment venues;

b) Establishing production or business facilities emitting hazardous waste or producing excessive noise beyond permissible limits, affecting childcare facilities, educational institutions, cultural centers, or children's entertainment venues;

c) Establishing childcare facilities, educational institutions, cultural centers, or children's entertainment venues within the range affected by cemeteries, production facilities, warehouses storing pesticides, toxic chemicals, or flammable and explosive materials, or production or business facilities emitting hazardous waste or producing excessive noise beyond permissible limits as prescribed by law.

2. Additional forms of punishment:

Revoking indefinitely the operating license of individuals or organizations committing the acts stipulated in Clause 1 of this Article.

3. Measures to remedy consequences:

a) Order individuals or organizations to restore the original condition that was altered or dismantle illegally constructed buildings or installed equipment due to the acts stipulated in Clause 1 of this Article;

b) Order individuals or organizations to implement measures to remediate environmental pollution caused by the acts stipulated in point b, Clause 1 of this Article.

Article 19. Acts failing to ensure safety in production, business, and transportation leading to accidents and injuries for children

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

a) Failing to promptly post warning signs, barriers, or instructions at dangerous, toxic, flammable, electric shock-prone, or unsafe transportation areas leading to accidents and injuries for children;

b) Failing to fully and promptly comply with safety measures in production, business, and traffic vehicle circulation leading to accidents and injuries for children.

2. Measures to remedy consequences:

a) Compel individuals and organizations to immediately implement measures to rectify the lack of safety caused by acts stipulated in Clause 1 of this Article;

b) Compel individuals and organizations to bear all costs for treating accidents and injuries to children resulting from acts stipulated in Clause 1 of this Article.

Article 20. Acts using facilities intended for children's education, living, recreation, and entertainment for other purposes affecting children's interests

1. Imposing a fine of VND 3,000,000 to VND 5,000,000 on acts misusing or damaging facilities intended for children's education, living, recreation, and entertainment, thereby affecting children's interests.

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

a) Encroaching upon land, constructions, houses, areas, time periods allocated for children's education, living, recreation, and entertainment;

b) Failing to implement, implementing incorrectly, or distorting the approved planning for facilities intended for children's education, living, recreation, and entertainment.

3. Measures to remedy consequences:

a) Compel individuals and organizations to return the money or material benefits obtained through acts stipulated in Clause 1 and Clause 2 of this Article;

b) Compel individuals and organizations to restore the original state that was altered or dismantle illegally constructed buildings or installed equipment due to acts stipulated in Clause 1 and Clause 2 of this Article.

Article 21. Acts failing to indicate or record the age of children not allowed to use publications, toys, radio, television, art, film programs if the content is unsuitable for children

||| 1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts:

a) Failing to note that children are not allowed to use publications, printed materials, toys if such items contain content unsuitable for children.

b) Failing to announce the age of children not permitted to view, listen to radio, television, art, film programs, and performances if the content is unsuitable for children.

2. Additional forms of punishment:

a) Revoking the operating license usage rights for one to three months for individuals and organizations committing acts stipulated in point a and point b of Clause 1 of this Article;

b) Seizing publications, printed materials, toys of individuals and organizations due to acts stipulated in point a of Clause 1 of this Article.

Article 22. Administrative violations of establishments caring for and nurturing children

1. Warning or imposing a fine of VND 1,000,000 to VND 3,000,000 for any of the following acts:

a) Failing to meet one of the registered conditions at establishment such as lacking adequate facilities, equipment, staff with professional qualifications; the moral character and ethics of staff and teachers are not suitable for the registered child assistance activities; insufficient financial resources to cover the costs of child assistance activities;

b) Continuing operations after the operating permit has expired without renewal as prescribed.

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

a) Operating outside the scope specified in the operating permit;

b) Failing to implement or improperly implementing the operational regulations approved by the competent authority;

c) Failing to process changes to the operating permit when changing the name, headquarters location, ownership, or activity content.

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

a) Repairing, altering, or forging documents in the establishment registration files to obtain permission to establish a child assistance facility;

b) Using funds from the child assistance facility for other purposes not serving child assistance;

c) Organizing service fees contrary to legal provisions;

d) Operating without registering establishment or having an operating permit as required by law;

đ) Failing to provide sufficient food portions for children or using prohibited foods or chemicals under the law, affecting children's health in meal preparation.

4. Additional forms of administrative punishment:

a) Revoking the operating license usage rights for three to six months for individuals and organizations committing acts stipulated in point a of Clause 2 of this Article; revoking the operating license usage rights indefinitely for individuals and organizations committing acts stipulated in points a, b, and c of Clause 3 of this Article;

b) Seizing forged documents for individuals and organizations committing acts stipulated in point a of Clause 3 of this Article.

5. Measures to remedy consequences:

a) Compelling organizations to register establishment of a child assistance facility according to the Law on Protection, Care, and Education of Children and related legal provisions due to acts stipulated in point a of Clause 1 and point d of Clause 3 of this Article;

b) Compelling individuals and organizations to return the money obtained through acts stipulated in points b and c of Clause 3 of this Article.

Chapter III

AUTHORITY, PROCEDURES FOR IMPOSING ADMINISTRATIVE SANCTIONS AND ENFORCING DECISIONS ON SANCTIONS

Article 23. The administrative penalty authority of the Labor - War Invalids and Social Affairs Inspectorate

1. Labor - War Invalids and Social Affairs Inspectors while performing their duties have the authority:

a) To issue warnings;

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

c) To confiscate property and means used to commit administrative violations up to 2,000,000 VND in value;

d) To apply remedial measures prescribed in point a, Clause 4, Article 10; Clause 3, Article 11; Clause 5, Article 12; point b, Clause 3, Article 13; point c, Clause 5, Article 15; Clause 4, Article 16; Clause 3, Article 18; and point b, Clause 3, Article 20 of this Decree.

2. The Chief Inspector of the Department of Labor - War Invalids and Social Affairs has the authority:

a) To issue warnings;

b) Impose fines up to thirty million dong;

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

d) To confiscate property and means used to commit administrative violations;

đ) To apply remedial measures prescribed in point a, Clause 4, Article 10; Clause 3, Article 11; Clause 5, Article 12; point b, Clause 3, Article 13; point c, Clause 5, Article 15; Clause 4, Article 16; Clause 3, Article 18; and point b, Clause 3, Article 20 of this Decree.

3. The Chief Inspector of the Ministry of Labor - War Invalids and Social Affairs has the authority:

a) To issue warnings;

b) Impose fines up to 40,000,000 VND;

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

d) To confiscate property and means used to commit administrative violations;

đ) To apply remedial measures prescribed in point a, Clause 4, Article 10; Clause 3, Article 11; Clause 5, Article 12; point b, Clause 3, Article 13; point c, Clause 5, Article 15; Clause 4, Article 16; Clause 3, Article 18; and point b, Clause 3, Article 20 of this Decree.

Article 24. The administrative penalty authority of the Chairpersons of People's Committees at all levels

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

a) To issue warnings;

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

c) To confiscate property and means used to commit administrative violations up to 2,000,000 VND in value;

d) To apply remedial measures prescribed in point a, Clause 4, Article 10; Clause 3, Article 11; Clause 5, Article 12; point b, Clause 3, Article 13; point c, Clause 5, Article 15; Clause 4, Article 16; and Clause 3, Article 18 of this Decree (excluding the measure of ordering the dismantling of illegally constructed buildings and installed equipment as provided for in Clause 1, Article 18 of this Decree); and point b, Clause 3, Article 20 of this Decree (excluding the measure of ordering the dismantling of illegally constructed buildings and installed equipment as provided for in Clauses 1 and 2, Article 20 of this Decree).

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

a) To issue warnings;

b) Impose fines up to thirty million dong;

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

d) To confiscate property and means used to commit administrative violations;

đ) To apply remedial measures prescribed in point a, Clause 4, Article 10; Clause 3, Article 11; Clause 5, Article 12; point b, Clause 3, Article 13; point c, Clause 5, Article 15; Clause 4, Article 16; Clause 3, Article 18; and point b, Clause 3, Article 20 of this Decree.

3. The Chairperson of the People's Committee at the provincial level has the authority:

a) To issue warnings;

b) Impose fines up to 40,000,000 VND;

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

d) To confiscate property and means used to commit administrative violations;

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

Article 25. The administrative penalty authority of the People's Public Security, Border Guard, Coast Guard, Customs, Tax Authority, Market Management Agency, and other specialized inspection agencies

The People's Public Security, Border Guard, Coast Guard, Customs, Tax Authority, Market Management Agency, and other specialized inspection agencies have the authority to impose administrative penalties according to Articles 31, 32, 33, 34, 36, 37, and 38 of the Administrative Violation Handling Ordinance for administrative violations related to the protection, care, and education of children directly under their management as stipulated in this Decree.

Article 26. Determining the administrative penalty authority for administrative violations

1. In cases where administrative violations stipulated in this Decree fall under the administrative penalty authority of multiple individuals, the individual who first takes charge shall carry out the penalty.

2. The administrative penalty authority of those specified in Articles 23, 24, and 25 of this Decree applies to a single administrative violation. If it involves a fine, the administrative penalty authority is determined based on the maximum amount of the fine prescribed for each specific violation.

3. In cases where a person commits multiple administrative violations, the administrative penalty authority is determined according to the principle prescribed in Clause 3, Article 42 of the Administrative Violation Handling Ordinance.

Article 27. Procedure for Imposing Administrative Sanctions

1. When discovering acts of administrative violation concerning the protection, care, and education of children, the authorized sanctioning authority must immediately issue an order to cease the act of administrative violation.

2. In cases where a warning sanction is imposed, the authorized sanctioning authority shall issue the sanction decision on the spot.

The sanction decision must clearly state the date, month, year of issuance; the name, address of the violator individual or organization; the act of violation; the location where the violation occurred; the name, position of the decision maker; the article and clause of the applicable legal document. This decision must be handed over to the individual or organization being sanctioned one copy.

3. In cases where an administrative violation sanction is imposed in the form of a fine under Chapter II of this Decree, the authorized sanctioning authority must promptly prepare a record of the act of administrative violation. The procedure for preparing the record and the time limit for issuing the sanction decision shall be carried out according to the provisions of Articles 55 and 56 of the Ordinance on Handling Administrative Violations and Articles 22 and 23 of Decree No. 128/2008/NĐ-CP.

4. When imposing a fine, the specific amount of the fine for each act of administrative violation is the average level within the fine range corresponding to that act as stipulated in this Decree. In cases of violations with mitigating circumstances, the fine may be lower but not below the minimum level of the fine range specified. In cases of violations with aggravating circumstances, the fine may be higher but not exceed the maximum level of the fine range specified. When imposing a fine, the fine range and the specific amount of the fine must be announced to the person being fined.

5. The sanction decision becomes effective from the date of signature, except when another effective date is specified in the decision.

The sanction decision must be sent to the individual or organization being sanctioned and the revenue collection agency within three days from the date of issuance of the sanction decision.

6. Individuals and organizations being fined, and the revenue collectors must comply with the provisions of Articles 57 and 58 of the Ordinance on Handling Administrative Violations.

Article 28. Procedure for Revoking the Right to Use Licenses and Professional Certificates

The procedure for revoking the right to use licenses and professional certificates concerning the protection, care, and education of children shall be implemented according to the provisions of Article 59 of the Ordinance on Handling Administrative Violations.

Article 29. Procedure for Seizing Contraband and Means Used to Commit Administrative Violations

1. When applying the seizure of contraband and means used to commit administrative violations concerning the protection, care, and education of children, the authorized sanctioning authority must implement the procedure according to the provisions of Article 60 of the Ordinance on Handling Administrative Violations.

2. The handling of contraband and means used to commit administrative violations concerning the protection, care, and education of children shall be carried out according to the provisions of Article 61 of the Ordinance on Handling Administrative Violations.

Article 30. Enforcement of Sanction Decisions

1. Individuals and organizations being sanctioned for administrative violations must comply with the sanction decision within ten days from the date they receive the decision, except as otherwise provided by law. This period is clearly stated in the sanction decision. Beyond this period, if individuals or organizations being sanctioned do not voluntarily comply, the authorized sanctioning authority has the right to apply coercive measures to enforce compliance.

2. The suspension of compliance with the fine sanction decision shall be carried out according to the provisions of Article 65 of the Ordinance on Handling Administrative Violations.

3. The organization of coercive enforcement and application of coercive measures to enforce the sanction decision for administrative violations shall be carried out according to the provisions of Articles 66, 66a, and 67 of the Ordinance on Handling Administrative Violations and Decree No. 37/2005/NĐ-CP dated March 18, 2005 of the Government stipulating the procedures for applying coercive measures to enforce administrative violation sanction decisions.

4. The sanction decision for administrative violations must be handed over to the individual or organization being sanctioned or notified to them to come and collect it; the time point at which the individual or organization being sanctioned receives the sanction decision is considered the time point of receiving the decision.

Article 31. Transfer of case files of administrative violations with signs of criminal offenses for prosecution under criminal responsibility

When examining an administrative violation to make a decision on punishment, if it is found that the violation has signs of a crime, the competent authority must immediately transfer the file to the competent authority to initiate criminal proceedings in accordance with Article 62 of the Ordinance on Handling Administrative Violations.

Article 32. Model records and decisions on administrative violations

Attached to this Decree are appendices containing model records and decisions on administrative violations concerning acts violating laws on the protection, care, and education of children.

Chapter IV

IMPLEMENTING PROVISIONS

Article 33. Effective Date

1. This Decree takes effect from December 2, 2011.

2. Abolish the following contents of Decree No. 114/2006/NĐ-CP dated October 3, 2006 of the Government on penalties for administrative violations related to population and children:

a) The phrase "and children" or "children" in the name and the following clauses of Decree No. 114/2006/NĐ-CP: Clauses 1, 2, and 4 of Article 1, the name of Clause 3 of Article 1; Clause 1 of Article 2; Article 3; Clauses 1, 2, and 3 of Article 5; Article 6; Clause 2 of Article 7; Article 26; Article 27; Article 28; Clauses 1 and 3 of Article 30; Article 31; Article 32;

b) Points d and e of Clause 3 of Article 1; points d, e, f, and g of Clause 3 of Article 7;

c) Articles 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25.

Article 34. Responsibility for Implementation

1. The Minister of Labor, Invalids and Social Affairs shall take the lead and coordinate with the Ministers and Heads of agencies at the ministerial level to guide the implementation of this Decree.

2. The Ministers, Heads of agencies at the ministerial level, Heads of government agencies, Chairpersons of provincial People's Committees under central cities, relevant organizations, and individuals are responsible for implementing this Decree./.