Decree No. 96/2020/NĐ-CP on administrative penalties for violations in the field of national border management and protection

DECREE

Regulations on administrative penalties for violations in the field of management and protection of national borders protection of national borders

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

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

Pursuant to the Law on National Border dated June 17, 2003;

"Based on the proposal of the Minister of National Defense;"

The Government promulgates this Decree on administrative penalties for violations in the field of management and protection of national borders.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violations, forms, levels of fines, measures to remedy consequences, authority to issue records of administrative violations, and authority to impose administrative penalties in the field of management and protection of national borders.

2. Acts of administrative violations occurring in border areas not specified in this Decree shall be subject to regulations on administrative penalties in other fields of state management that are relevant for imposition of penalties.

Article 2. Applicability

1. This Decree applies to organizations and individuals of Vietnam, foreign organizations and individuals committing acts of administrative violations within the territory of Vietnam; persons authorized to issue records and persons authorized to impose administrative penalties as stipulated in this Decree.

2. Organizations referred to in Clause 1 of this Article include:

a) State agencies committing acts of administrative violation that are not part of their assigned state management tasks;

b) Enterprises established and operating under Vietnamese law; branches and representative offices of foreign enterprises operating in Vietnam;

c) Cooperatives, associations of cooperatives, cooperative groups;

d) Public service organizations;

đ) Social organizations, political-social organizations, social-professional organizations.

3. Households registered for business operations in accordance with the law, households committing administrative violations as stipulated in this Decree shall be subject to administrative penalties as individuals.

Article 3. Forms of Administrative Penalties and Measures to Remedy Consequences

1. For each act of administrative violation in the field of management and protection of national borders, the organization or individual committing the violation shall only be subject to one main form of administrative penalty as follows:

a) Warning;

b) Fine.

2. Depending on the nature and degree of the violation, the organization or individual committing the act of administrative violation may also be subject to one or more supplementary forms of administrative penalty as follows:

a) Confiscation of property or means used to commit the administrative violation.

b) Revocation of permits for exploitation, exploration of natural resources, minerals, marine products, environment, construction, transportation, and business operation from six months to twelve months; revocation of driving licenses, certificates of professional qualifications, international travel agency permits, and service and trade operation permits at land border gates from three months to six months;

c) Expulsion.

3. In addition to being subject to a form of administrative penalty for each act of administrative violation, the organization or individual committing the violation may also be subject to one or more measures to remedy consequences as follows:

a) Compel restoration to the original condition.

b) Forced demolition of construction works or parts thereof without a permit or not in accordance with the permit;

c) Forced implementation of measures to address environmental pollution and disease spread;

d) Forced destruction of goods or items harmful to human health, livestock, crops, and the environment, or cultural products containing harmful content;

đ) Forced return of illegal profits obtained through the commission of administrative violations or forced payment of an amount equivalent to the value of confiscated, disposed of, or destroyed contraband items or means of transport;

e) Forced departure from border areas or border gate areas;

g) Forced destruction of personal identification documents or travel documents that have lost their validity;

h) Forced compliance with customs procedures for transshipment, port transfer, border transfer, and temporary importation-reexportation through designated ports and routes;

i) Forced responsibility for costs to restore the original condition of national boundary markers, signposts, base points, sovereignty pillars, boundary signs, boundary markers, coastal defense works, border works, and signs in border areas and land border gates;

k) Forced consultation with the Ministry of National Defense, the Ministry of Public Security, provincial People's Committees, and related agencies;

l) Forced return of shore access permits and boarding permits;

m) Temporary suspension of exit procedures for Vietnamese vessels, and temporary suspension of entry and exit procedures for foreign vessels.

4. The application of expulsion as a form of administrative penalty for foreigners may be either a main form or a supplementary form of administrative penalty.

Article 4. Amount of fines and authority to impose fines in the field of national border management and protection

1. The maximum amount of fine for administrative violations committed by individuals in the field of national border management and protection is 50,000,000 VND.

2. The fines prescribed in Chapter II of this Decree shall apply to administrative violations committed by individuals, except for violations stipulated in point a, Clause 4, point a, Clause 5, point a, Clause 7, Article 6; point a, Clause 5, Article 7; point b, Clause 8, Article 8; point d, Clause 2, Article 9; Article 11 of this Decree. In cases where organizations commit the same violations as individuals, the amount of fine shall be twice the amount of fine imposed on individuals.

3. The authority to impose administrative penalties prescribed in Chapter III of this Decree is the authority to impose penalties on individuals. In cases involving fines, the authority to impose penalties on organizations shall be twice the authority to impose penalties on individuals.

Chapter II
ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF PENALTY AND REMEDIAL MEASURES

Article 5. Violations of regulations on national border management and protection, boundary markers, and signs indicating the border line

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

a) Conducting geological surveys, exploiting natural resources, minerals according to permits that damage signs indicating the national border line, boundary markers, signposts, boundary markers, flagpoles, sovereignty pillars on islands, base points; coastal defense works, border works;

b) Dumping soil, waste into border rivers, streams.

2. A fine from 40,000,000 VND to 50,000,000 VND shall be imposed for any of the following acts:

a) Damaging boundary markers, signposts, signs indicating the border line, boundary markers, flagpoles, base points, sovereignty pillars on islands;

b) Changing the flow of border rivers, streams or affecting the national border line;

c) Constructing permanent structures within 30 meters from the land border line along the Vietnam-China border or 100 meters from the land border line along the Vietnam-Laos, Vietnam-Cambodia borders;

d) Illegally constructing works on border rivers, streams.

3. Additional forms of punishment:

a) Confiscation of contraband items and means of transportation used in violation of the provisions of this Article;

b) Revocation of the right to use permits for natural resource exploitation, mineral exploration, construction permits for six months to twelve months for violations stipulated in point a, Clause 1; point c, point d, Clause 2 of this Article;

c) Deportation of foreign nationals who violate the provisions of this Article.

4. Remedial measures: Compel restoration to the original state or compel responsibility for costs to restore the original state, compel demolition of structures constructed without a permit or not in accordance with the permit for violations stipulated in this Article.

Article 6. Violations of regulations in the border area

1. Warning or a fine from 300,000 VND to 500,000 VND shall be imposed for any of the following acts:

a) Vietnamese citizens entering the border area, border zone without carrying Identity Card or Citizen Identification Card or Passport;

b) Temporary residence, stay, movement in the border area not in accordance with regulations;

c) Not reporting, declaring, registering or concealing, assisting others to move, stay temporarily illegally in the border area.

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

a) Border residents using expired border entry-exit documents to cross the border;

b) Border residents exceeding the permitted range when crossing the border;

c) Providing false information to obtain border entry-exit documents;

d) Foreigners entering the border area (excluding tourist areas, service areas, economic zones), border zone without required documents;

đ) Foreigners entering the border zone without reporting to the local Border Guard post;

e) Border residents grazing livestock across the border.

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

a) Border residents allowing others to use their border entry-exit documents to cross the border;

b) Cultivating, digging within the border line of sight range;

c) Violating rules for vessel operations on border rivers, streams;

d) Not reporting to the local Border Guard post or Village Police Station about the purpose, time, list of people, number of vehicles, content and scope of activities in the border zone;

đ) Entering, exiting, moving, operating vehicles, conducting activities contrary to regulations in restricted areas.

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

a) Agencies, organizations bringing foreigners into the border area but not accompanying them, not notifying the Provincial Public Security, Border Guard;

b) Not complying with decisions to suspend activities in the border area, border zone made by authorized persons;

c) Leading, facilitating people, vehicles to enter and operate illegally in the border area;

d) Moving beyond the permitted range in the border area, except for border residents;

đ) Filming, photographing, measuring, drawing scenery, recording illegally with electronic devices, radio transceivers in restricted areas.

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

a) Agencies, organizations bringing foreigners into the border area without permission or without permission from authorized public security agencies;

b) Border residents farming across the border;

c) Border residents crossing the border without valid border entry-exit documents as prescribed by law;

d) Border residents crossing the border not at designated points for border resident crossings;

đ) Using another person's border entry-exit documents to cross the border;

e) Allowing others to use their border entry-exit documents to cross the border.

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

a) Clearing land by burning within 1,000 meters from the land border line;

b) Encroaching on the border area.

c) Using explosive materials or explosive precursors illegally within the border zone but not to the extent of criminal prosecution.

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

a) An agency or organization operating within the border zone does not report to the local Border Guard post the list of persons, means of transport, time, scope, and content of activities;

b) Entering the border zone without documents as prescribed and without reporting to the Border Guard post or the local People's Committee, except for border residents;

c) Illegally fishing, using explosives, toxic substances, or electric currents in rivers, streams, or underground areas in the border region.

8. A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed for the act of transporting corpses, bones, or animal carcasses across the border illegally.

9. A fine of from 30,000,000 VND to 40,000,000 VND shall be imposed for any of the following acts:

a) Burial of corpses, bones, animal carcasses, or relocation of graves within the border zone;

b) Shooting with firearms within a radius of 1,000 meters from the land boundary line.

10. A fine of from 40,000,000 VND to 50,000,000 VND shall be imposed for any of the following acts:

a) Shooting, launching, releasing, or controlling aircrafts in the border area or across the border;

b) Exploiting minerals within a radius of 500 meters from the land boundary line;

c) Installing equipment for storing hazardous chemicals and constructing sites for handling hazardous waste within a radius of 1,000 meters from the land boundary line.

11. Additional forms of punishment:

a) Confiscation of evidence and means of administrative violation for the acts violating Clause 3, Point b; Clause 4, Point d; Clause 6; Clause 7, Point c; Clause 9, Point b; Clause 10, Article this;

b) Confiscation of travel documents prescribed at Clause 2, Point a, Point c; Clause 3, Point a; Clause 5, Point d, Point e, Article this;

c) Deportation of foreigners who commit acts violating Clause 1, Point b; Clause 2, Points d, d; Clause 3, Points c, d; Clause 4, Points b, c, d, d; Clause 6, Point b; Clause 7, Point b; Clause 8; Clause 9, Point a; Clause 10, Article this;

12. Measures to remedy consequences:

a) Forced removal from the land border area for acts violating Clause 1, Points a, b; Clause 2, Points d, d; Clause 3, Points d, d; Clause 4, Points b, d; Clause 5, Point a; Clause 6, Point b; Clause 7, Points a, b, Article this;

b) Forced restoration to the original state for acts violating Clause 3, Point b, Article this; forced restoration to the original state, forced dismantling of construction works or parts thereof without permits for acts violating Clause 6, Point b; Clause 10, Point c, Article this;

c) Forced implementation of measures to mitigate environmental pollution and prevent the spread of diseases for acts violating Clause 8; Clause 9, Point a, Article this;

d) Forced destruction of goods or items harmful to human health, animals, and plants, cultural products containing harmful content, and forced responsibility for costs to restore the original state for acts violating Clause 7, Point c; Clause 8; Clause 9, Point a; Clause 10, Point c, Article this;

đ) Forced destruction of documents prescribed at Clause 2, Point a, Article this.

Article 7. Violations of border gate management regulations

1. A warning or a fine of VND 300,000 to VND 500,000 shall be imposed for temporary residence, stay, or movement within the land border gate area not in accordance with the regulations.

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

a) Operating vehicles entering, exiting, or operating within the border gate area without vehicle documentation or using vehicle documentation that does not comply with the law or the purpose of operation at the land border gate.

b) Controlling cross-border transportation vehicles entering or exiting the land border gate without a sign attached to the vehicle, without documentation, or using expired documentation for one of the types of documentation stipulated in the Road Transport Agreement signed by Vietnam with neighboring countries and Vietnamese law.

c) Picking up or dropping off people, transporting, loading, or unloading goods in the land border gate area at unauthorized locations or entering restricted areas.

3. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed for failing to comply with or obstructing inspection, control, and management activities conducted by specialized state management agencies at the border gate.

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

a) Engaging in service or trade activities within the border gate area without permission from the competent authority or conducting activities outside the scope specified in the permit.

b) Obstructing legitimate traffic activities within the border gate area.

c) Causing disruption to security and public order or inciting, encouraging, or assisting others to cause disruption to security and public order within the land border gate area.

d) Failing to comply with decisions limiting or temporarily suspending cross-border activities at the land border gate issued by authorized persons.

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

a) Organizing international travel businesses to allow foreign tourists to bring motorized vehicles into traffic not in accordance with regulations.

b) Foreign tourists permitted to bring motorized vehicles into traffic in Vietnam but driving the vehicles beyond the permitted range or time.

6. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for dumping, discharging, or throwing waste, dirt, chemicals, bricks, stones, or other objects onto the National Gate or other facilities within the National Gate area.

7. Additional forms of administrative sanction:

a) Suspension of the right to use a driver's license for three to six months for violations under point a, Clause 2, Article 7 of this Decree.

b) Suspension of the right to operate services or trade at the land border gate for three to six months for violations under point a, Clause 4, Article 7 of this Decree.

c) Suspension of the right to conduct international travel business for three to six months for violations under point a, Clause 5, Article 7 of this Decree.

d) Deportation of foreigners who commit violations under Clause 1; point a, point c, Clause 2; Clause 4; point b, Clause 5; Clause 6 of this Decree.

8. Measures to remedy consequences:

a) Forced removal from the land border gate area for violations under Clause 1; point a, Clause 2; point b, Clause 5; Clause 6 of this Decree.

b) Compelled to restore the environmental condition and landscape of the border gate area for violations under Clause 6 of this Decree.

c) Suspension of exit procedures for Vietnamese vehicles and entry and exit procedures for foreign vehicles for violations under point b, Clause 2 of this Decree.

Article 8. Acts of violation concerning management of activities of persons and means of transport in the maritime border area

1. Warning or a fine from 300,000 VND to 500,000 VND shall be imposed for any of the following acts:

a) Vietnamese citizens entering the maritime border area or restricted activity zones within the maritime border area without carrying their Identity Card, Citizen Identification Card, or Passport;

b) Temporary residence, stay, or movement within the maritime border area not in accordance with regulations;

c) Failing to report or concealing, assisting others in illegal temporary residence, stay, or movement within the maritime border area.

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

a) Foreign nationals entering the maritime border area (excluding tourist areas, service areas, economic zones) without required documents;

b) Entering, exiting, moving around, controlling means of transport, or conducting activities not in accordance with regulations in restricted activity zones;

c) Failing to notify in writing the Department of Labor - Invalids and Social Affairs, People's Committee at district level, Police Station at commune level, and local Border Guard Station about the name, age, nationality, passport number, start date, end date of work, content of work, workplace, name and address of the organization where foreign nationals are working within 24 hours after using foreign nationals for work in economic zones within the maritime border area or part of the territory belonging to the maritime border area;

d) Filming, photographing, measuring, drawing scenery, recording illegally using electronic devices, radio transmitters in areas marked with prohibitory signs within the maritime border area.

3. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed on the person operating waterway vessels in the maritime border area who commits any of the following acts:

a) Operating inland waterway vessels without registration plates or creating registration numbers that do not comply with regulations;

b) Not carrying the following types of documents (original or certified copies): Certificate of vessel registration; certificate of fishing vessel registration; technical safety and environmental protection certificate of vessels as prescribed; list of crew members or crew logbook (for fishing vessels), or seafarer certificates; seafarer insurance certificate; license for frequency and radio transmitter usage; documents related to goods on vessels; voyage logbook.

4. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on the act of using waterway vessels in the maritime border area not in accordance with the intended purpose.

5. A fine of VND 4,000,000 to VND 6,000,000 shall be imposed on the act of failing to comply with inspection and control by authorized agencies regarding vessels in cases prescribed by law; failing to comply with administrative decisions.

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

a) Bringing land vehicles into the maritime border area (excluding tourist areas, service areas, economic zones) for transportation, production, business, construction, mineral exploitation, natural resources, and environmental activities for ten days or more without notifying in writing the local Border Guard Station about the number of people, vehicles, license plate numbers, time, scope, and content of activities;

b) Operating waterway vessels in the maritime border area without a certificate of professional competence issued by an authorized agency;

c) The master or chief engineer of waterway vessels operating in the maritime border area without the required certificates or diplomas as prescribed.

7. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on the act of operating aircraft when conducting civil aviation, economic, commercial, tourism, survey, exploration, and mineral exploitation, natural resources, and environmental activities in the maritime border area not in compliance with Vietnamese aviation laws and regulations on airspace management and protection.

8. A fine of VND 15,000,000 to VND 25,000,000 shall be imposed on any of the following acts:

a) Failing to use preventive measures and minimize damage when transporting, loading, unloading goods and equipment that can harm natural resources, human health, and marine environment pollution in internal waters and territorial seas;

b) Using explosives without a plan approved by the competent authority or having a plan but not notifying the provincial People's Committee and Border Guard Force as prescribed;

c) Conducting marine product exploration, scientific research, resource exploitation permitted by relevant ministries and sectors but not notifying the provincial People's Committee and Border Guard Force;

d) Exploiting, salvaging assets, objects, antiques in internal waters and territorial seas without permission from the competent authority.

9. A fine of VND 25,000,000 to VND 30,000,000 shall be imposed on the act of failing to report to the competent authority the position, size, shape, depth of equipment and structures at sea or failing to set appropriate maritime signals, warnings for equipment and structures in internal waters and territorial seas.

10. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on any of the following acts:

a) Failing to dismantle equipment and structures at sea upon expiration of their use period;

b) Foreign vessels entering Vietnam's internal waters without permission from the competent Vietnamese authority.

11. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed on any of the following acts:

a) Using radio transmitters in restricted activity zones and prohibited areas within the maritime border area;

b) Shooting, launching, releasing, controlling means or objects causing harm to security, order, economy, maritime safety, and security;

c) Using waterway vessels to dock alongside foreign vessels without permission from the competent authority in internal waters and territorial seas.

12. Additional forms of punishment:

a) Confiscation of contraband items and means of transport violating administrative regulations as stipulated in point d, Clause 2; point d, Clause 8; point a, point b, Clause 11 of this Article;

b) Suspension of the right to use driving licenses and professional competence certificates for three to six months for violations as stipulated in point b, Clause 2; point a, Clause 3; Clause 4 of this Article;

c) Revoking the right to use transportation, business, construction, mineral exploitation, resource, environmental, and marine fishing permits for a period of six months to twelve months for violations specified in point a, clause 6; point c, clause 8 of this Article;

d) Deportation for foreigners who commit violations stipulated in point b, clause 1; point a, point d, clause 2; clause 7; point b, clause 10; clause 11 of this Article.

13. Measures to remedy consequences:

a) Compelling departure from the maritime border area for violations specified in point a, point b, clause 1; point a, point b, clause 2; clause 5; point a, clause 6; point b, clause 10; point a, point b, clause 11 of this Article;

b) Compelling removal of equipment and structures for violations specified in point a, clause 10 of this Article.

Article 9. Violations concerning security and public order at port customs checkpoints

1. Warning or imposing a fine of VND 500,000 to VND 1,000,000 for any of the following acts:

a) Foreign seafarers going ashore without presenting shore leave permit or overnight stay permit on shore; exceeding the time limit specified in the shore leave permit;

b) Vietnamese citizens or foreigners boarding foreign vessels, foreigners boarding Vietnamese vessels without presenting permits issued by the port customs checkpoint border guard when boarding the vessel or failing to comply with regulations stated in the permit.

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

a) Foreign seafarers going ashore without a shore leave permit or exceeding the area specified in the shore leave permit;

b) Vietnamese citizens or foreigners boarding foreign vessels, foreigners boarding Vietnamese vessels without a boarding permit; operating a vessel alongside a foreign vessel without a permit issued by the port customs checkpoint border guard for the person operating the vessel alongside the foreign vessel;

c) Allowing others to use a shore leave permit or boarding permit; using a shore leave permit or boarding permit belonging to another person;

d) Organizations, enterprises receiving foreigners into the port customs checkpoint area without notifying the port customs checkpoint border guard as required.

3. Imposing a fine of from VND 2,000,000 to VND 3,000,000 for one of the following acts:

a) Refusing to comply with or obstructing inspection and control activities of specialized state management agencies at the port customs checkpoint;

b) Persons on board vessels, inland waterway vessels not listed in the crew list or passenger list declared and registered upon arrival or departure from the port customs checkpoint;

c) Not maintaining the correct seal status of border guard files when vessels transit or change ports;

d) Foreign seafarers or passengers returning to vessels after completing entry formalities and leaving the vessel, from foreign vessels returning to the mainland after completing exit formalities but not reporting to the port customs checkpoint border guard.

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

a) Causing disruption to security and public order or inciting, encouraging, assisting others to cause disruption to security and public order in the port customs checkpoint area;

b) Seafarers or passengers leaving vessels without completing entry formalities or after completing exit formalities;

c) Foreign transit passengers not completing entry formalities when leaving the transit area at the port customs checkpoint;

d) Bringing vessels, inland waterway vessels, motor vehicles into operation in the port customs checkpoint area within the scope requiring permission but without a permit;

đ) The master of Vietnamese vessels operating domestic routes, inland waterway vessels arriving at or departing from the port customs checkpoint not providing the port customs checkpoint border guard with information about the vessel, cargo, and related security and public order information when requested;

e) The owner of the vessel, the master, or the authorized person registering inland waterway vessels for arrival or departure with the port customs checkpoint border guard late according to the prescribed time;

5. Imposing a fine of VND 5,000,000 to VND 10,000,000 for any of the following acts:

a) Failing to comply with decisions on border guard inspection and supervision of persons, vessels exiting, entering, transiting, changing ports, Vietnamese vessels operating domestic routes, inland waterway vessels, and other Vietnamese and foreign vessels entering, exiting, and operating at the port customs checkpoint as prescribed by law;

b) Bringing prohibited goods onto vessels, inland waterway vessels or from vessels, inland waterway vessels down in the port customs checkpoint area;

c) Not maintaining the correct seal status of weapons, explosives, and goods when vessels transit or change ports;

d) Changes in crew members or passengers after completing electronic border formalities for vessels but the person handling the procedures does not report amendments or supplements to the electronic border file;

đ) The person handling the declaration does not fully or accurately report the required information under the law on electronic port border procedures after the permitted amendment or supplement period for the electronic border file has expired;

e) Failing to declare information about weapons, explosives, and persons hiding on board the vessel (if any) as required;

g) The person handling the procedures does not request the port customs checkpoint border guard to cancel the electronic border procedure file as required for vessels that have completed electronic border procedures but changed their plans to arrive at or depart from the port customs checkpoint;

6. Imposing a fine of VND 10,000,000 to VND 20,000,000 for any of the following acts:

a) The owner of the vessel, the master, or the authorized person not registering inland waterway vessels for arrival or departure with the port customs checkpoint border guard as required;

b) The master or responsible person on the vessel not taking necessary measures to prevent and report to the port customs checkpoint border guard or specialized state management agencies when discovering persons hiding on board the vessel;

c) The master or responsible person allowing seafarers or passengers to leave the vessel before completing entry formalities or after completing exit formalities;

d) The owner of the vessel, the master allowing the vessel to anchor in the port waters for more than 24 hours without obtaining permission from the competent authority after completing exit formalities.

7. Additional forms of administrative sanction:

a) Confiscate the objects and means of administrative violation for acts violating the provisions set forth in point b, Clause 5 of this Article;

b) Deport foreigners who commit acts violating the provisions set forth in point a, Clause 3, point a, Clause 4 of this Article.

8. Measures to remedy consequences:

a) Order to leave the port area for acts violating the provisions set forth in point d, Clause 2; point a, point b, Clause 3; point a, point d, Clause 4 of this Article;

b) Order to return the shore access permit, ship boarding permit for acts violating the provisions set forth in point c, Clause 2 of this Article.

Article 10. Acts of Violating Provisions on Management and Protection of Border Works, Signs in Border Areas, Land Border Gateways, Port Gateways

1. Warning or a fine from VND 500,000 to VND 1,000,000 for acts of drawing, writing, erasing characters on signs "border area", "border belt", "prohibited zone", "gateway area", "maritime border area" and other signs related to border areas, land border gateways, port gateways, border works.

2. A fine from VND 1,000,000 to VND 3,000,000 for acts of damaging signs "border area", "border belt", "prohibited zone", "maritime border area", "gateway area" and other signs within border areas, gateways.

3. A fine from VND 3,000,000 to VND 5,000,000 for acts of moving, dismantling, destroying signs "border area", "border belt", "prohibited zone", "maritime border area", "gateway area" and other signs within border areas, gateways.

4. A fine from VND 5,000,000 to VND 10,000,000 for acts of arbitrarily setting up signs "border area", "border belt", "prohibited zone", "maritime border area", "gateway area" within border areas, gateways.

5. A fine from VND 10,000,000 to VND 20,000,000 for acts of constructing, installing illegally border works, equipment or causing damage to the safety of border works.

6. A fine from VND 20,000,000 to VND 30,000,000 for acts of destroying, dismantling or damaging the structure, equipment of border works without reaching the level of criminal prosecution.

7. A fine from VND 30,000,000 to VND 50,000,000 for acts of forging signs "border area", "border belt", "prohibited zone", "maritime border area", "gateway area" within border areas, gateways.

8. Additional forms of punishment:

a) Confiscate the objects and means of administrative violation for acts violating the provisions set forth in Clauses 3, 4, 5, 6, 7 of this Article;

b) Deport foreigners who commit acts violating the provisions set forth in Clauses 3, 4, 5, 6, 7 of this Article.

9. Measures to remedy consequences: Restore the original condition or bear the cost of restoring the original condition for acts violating the provisions set forth in Clauses 1, 2, 3, 4, 5, 6 of this Article.

Article 11. Acts of Violating Provisions on Construction of Projects and Works in Border Areas, Gateways

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

a) Not notifying in writing at least three working days before the People's Committee of the commune, local border guard post about the list of people, means, time, scope, content of activities when surveying, designing, constructing, implementing projects and works in border areas, gateways;

b) When implementing projects and works that have been permitted in border areas, gateways but the project owner does not notify in writing the Border Guard Force, Provincial Police, People's Committee of the district, commune before at least three working days.

2. A fine from VND 10,000,000 to VND 20,000,000 for acts of constructing projects and works with foreign elements in border areas, gateways but the project owner does not notify the People's Committee of the district, commune, local border guard post.

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

a) Surveying, designing, constructing, implementing projects and works; constructing projects and works with foreign elements in border areas, gateways without permission from competent authorities;

b) Not seeking opinions of the Ministry of National Defense, Ministry of Public Security, Provincial People's Committee and relevant agencies when performing tasks of planning, planning schemes, adjusting planning schemes, foreign element planning schemes in border areas, gateways.

4. A fine from VND 40,000,000 to VND 50,000,000 for acts violating the provisions set forth in point b, Clause 1, Clauses 2 of this Article not in the designated location or affecting the national border, damaging border markers, flag poles, sovereignty pillars, boundary stakes, base points, border signs, border marking objects, border works, coastal defense works.

5. Additional forms of punishment:

a) Confiscate the objects and means of administrative violation for acts violating the provisions set forth in Clause 4 of this Article;

b) Suspend the use of construction permits for six months to one year for acts violating the provisions set forth in point b, Clauses 3, 4 of this Article;

c) Deport foreigners who commit acts violating the provisions set forth in point a, Clauses 3, 4 of this Article.

6. Measures to remedy consequences:

a) Order to dismantle the work, part of the work without a permit or constructed not in accordance with the permit for acts violating the provisions set forth in Clause 4 of this Article;

b) Order to seek opinions of the Ministry of National Defense, Ministry of Public Security, Provincial People's Committee and relevant agencies for acts violating the provisions set forth in point b, Clause 3 of this Article;

c) Bear the cost of restoring the original condition for border markers, flag poles, sovereignty pillars, boundary stakes, base points, border signs, border marking objects, border works, coastal defense works, marine environment, islands for acts violating the provisions set forth in Clause 4 of this Article.

Article 12. Acts of illegally transporting goods and currency across borders outside the customs area but not reaching the level of criminal prosecution

1. A fine of from VND 1,000,000 to VND 5,000,000 for violations where the value of the contraband is under VND 10,000,000.

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

a) Violations where the value of the contraband is from VND 10,000,000 to under VND 50,000,000;

b) Illegally transporting cultural products across borders.

3. A fine of from VND 20,000,000 to VND 40,000,000 for violations where the value of the contraband is from VND 50,000,000 to under VND 100,000,000.

4. A fine of from VND 40,000,000 to VND 50,000,000 for violations where the value of the contraband is VND 100,000,000 or more.

5. Additional form of punishment: Confiscation of contraband for violations stipulated in this Article, except in cases where measures to remedy the consequences have been applied as provided for in Clause 6 of this Article.

6. Measures to remedy the consequences: Compel the destruction of goods, items harmful to human health, animals, crops, the environment, and cultural products with harmful content for violations stipulated in this Article.

Article 13. Violations of regulations on storing, buying, selling, transporting, and exchanging goods in border areas

1. Storing, buying, selling, transporting, or exchanging goods in border areas at the time of inspection without documents or incomplete documents proving the legality of the goods:

a) A fine of from VND 1,000,000 to VND 3,000,000 for goods with a value under VND 5,000,000;

b) A fine of from VND 3,000,000 to VND 5,000,000 for goods with a value from VND 5,000,000 to under VND 10,000,000;

c) A fine of from VND 5,000,000 to VND 10,000,000 for goods with a value from VND 10,000,000 to under VND 20,000,000;

d) A fine of from VND 10,000,000 to VND 15,000,000 for goods with a value from VND 20,000,000 to under VND 50,000,000;

đ) A fine of from VND 15,000,000 to VND 20,000,000 for goods with a value from VND 50,000,000 to under VND 70,000,000;

e) A fine of from VND 20,000,000 to VND 25,000,000 for goods with a value from VND 70,000,000 to under VND 100,000,000;

g) A fine of from VND 25,000,000 to VND 30,000,000 for goods with a value of VND 100,000,000 or more;

h) A fine of twice the amount specified in points a, b, c, d, đ, e, and g of this clause but not exceeding the maximum fine prescribed in this Decree in cases where the contraband is: Foodstuffs, food products, food additives, food processing aids, medicines for disease prevention and treatment for humans, health foods, cosmetics; cleaning agents, insecticides, veterinary drugs, fertilizers, cement, animal feed, plant protection chemicals, growth promoters, crop seeds, livestock breeds; goods listed in the restricted business or conditional business categories.

2. A fine of from VND 10,000,000 to VND 20,000,000 for one of the following acts occurring outside the customs territory:

a) Transporting goods in transit, changing ports, changing destinations, changing customs stations, temporary import-reexport goods not in accordance with the prescribed route, location, customs station, time, or registration in the goods declaration without permission from the competent authority as prescribed by law;

b) Unauthorized removal of seals on goods;

c) Failure to maintain the original condition of goods under customs supervision or goods entrusted for storage according to the law awaiting completion of export or import procedures;

d) Holding goods in unauthorized locations.

3. A fine of from VND 20,000,000 to VND 30,000,000 for unauthorized consumption of goods under customs supervision as prescribed by law.

4. Additional forms of punishment:

a) Confiscation of contraband as stipulated in Clause 1 of this Article, except when the goods have been determined to have legitimate origin and source;

b) Confiscation of contraband for violations as stipulated in Clause 3 of this Article for goods listed in the prohibited export or import category; temporarily suspended exports, temporarily suspended imports, or not meeting the conditions for export or import, or requiring a permit but lacking such a permit for export or import.

5. Measures to remedy consequences:

a) Compel the destruction of goods, items harmful to human health, animals, crops, the environment, and cultural products with harmful content for violations stipulated in this Article;

b) Compel the transportation of goods in transit, changing ports, changing destinations, changing customs stations, temporary import-reexport goods in accordance with the prescribed customs station and route for violations stipulated in point a of Clause 2 of this Article;

c) Compel the payment of an amount equal to the value of the contraband in cases where the contraband no longer exists for violations stipulated in Clause 3 of this Article.

Article 14. 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 at border gates.

1. For acts violating the regulations on prohibited areas for fishing; conditions for breeding aquatic species; importing, exporting live aquatic species; importing, temporarily importing, re-exporting, transshipping, and transiting illegally sourced aquatic species; violating fishing regulations; fishing vessels, fish ports, anchorage areas for fishing vessels to avoid and shelter from typhoons occurring in the maritime border area, shall be punished according to Decree No. 42/2019/ND-CP dated May 16, 2019 of the Government stipulating administrative penalties in the fisheries sector.

2. For acts of illegally logging, transporting, storing, buying, selling, processing forest products originating from across the border, and violating regulations on wild animals transported across the border in the border area, shall be punished according to Decree No. 35/2019/ND-CP dated April 24, 2019 of the Government stipulating administrative penalties in the forestry sector.

3. For acts of illegally trading, exchanging, transporting, storing contraband substances harmful to human health, livestock, crops, the environment, public order, and social safety in the border area; causing public sanitation issues and environmental pollution affecting the appearance of border gates, shall be punished according to Articles 19, 20, and 22 of Decree No. 155/2016/ND-CP dated November 18, 2016 of the Government stipulating administrative penalties in the environmental protection sector.

4. For acts violating regulations on surveying, planning, adjusting construction plans; commencing and constructing works and construction order occurring in the border area and at border gates, the Border Guard shall impose penalties according to Articles 8, 9, 10, 14, 15, 16, and 26 of Decree No. 139/2017/ND-CP dated November 27, 2017 of the Government stipulating administrative penalties in investment construction activities; mining, processing, trading mineral resources for construction materials, producing and trading construction materials; managing technical infrastructure works; real estate trading, housing development, management and use of houses and offices.

5. In cases where the Government's Decrees cited in Clause 1, Clause 2, Clause 3, and Clause 4 of this Article are amended and supplemented, they shall be applied according to the amended and supplemented Decree.

Chapter III
AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND VIOLATION RECORDS

Article 15. The authority to impose penalties of the Chairpersons of People's Committees at all levels in border areas.

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 5,000,000;

c) Confiscate the objects and means of administrative violation with a value not exceeding the amount of fine prescribed in point b of this clause;

d) Apply the measures to remedy consequences prescribed in points a, b, c, and d of Clause 3, Article 3 of this Decree.

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

a) To issue warnings;

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

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) To confiscate objects and means of administrative violations with a value not exceeding the fine amount specified in Point b of this clause;

đ) Apply the measures to remedy consequences prescribed in points a, b, c, d, e, g, h, i, and l of Clause 3, Article 3 of this Decree.

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

a) To issue warnings;

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

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) Apply the measures to remedy consequences prescribed in Clause 3, Article 3 of this Decree.

Article 16. Competence to impose penalties of the Border Guard Force

1. Border Guard soldiers performing official duties have the right to:

a) To issue warnings;

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

2. The head of the unit specified in Clause 1 of this Article, the Border Guard Control Station Commander have the authority to:

a) To issue warnings;

b) Impose a fine up to 2,500,000 VND.

3. The Border Guard Post Commander, the Border Guard Coast Guard Squadron Commander, the Border Guard Command Post Commander at border gate ports have the authority to:

a) To issue warnings;

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

c) Confiscate the objects and means of administrative violation with a value not exceeding the amount of fine prescribed in point b of this clause;

d) Apply the measures to remedy consequences prescribed in points a, c, d, e, g, h, i, l, m, Clause 3, Article 3 of this Decree.

4. The Commander of the Border Guard Force of the province, the Border Guard Coast Guard Squadron Commander under the Border Guard Force Command have the authority to:

a) To issue warnings;

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

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) Apply the measures to remedy consequences prescribed in Clause 3, Article 3 of this Decree.

Article 17. Competence to impose penalties of the People's Public Security

The People's Public Security have the authority to impose penalties on violations stipulated in this Decree within their jurisdictional areas as follows:

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

a) To issue warnings;

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

2. The station chief, team leader of those specified in Clause 1 of this Article have the right to:

a) To issue warnings;

b) Impose a fine up to 1,500,000 VND.

3. Chiefs of public security stations at commune level, chiefs of public security posts, and chiefs of public security checkpoints at border gates and export processing zones have the authority to:

a) To issue warnings;

b) Impose fines up to 2,500,000 VND;

c) Confiscate the objects and means of administrative violation with a value not exceeding the amount of fine prescribed in point b of this clause;

d) Apply the measures to remedy consequences prescribed in points a, c, d, Clause 3, Article 3 of this Decree.

4. The Head of the Public Security Office of the district; the Head of the Criminal Police Department for Social Order Crimes; the Head of the Environmental Crime Prevention and Control Police Department; the Head of the Administrative Management Police Department for Social Order; the Head of the Traffic Police Department or the Head of the Road Traffic Police Department, Railway Traffic Police Department; the Head of the Road Traffic Police Department, the Head of the Waterway Police Department under the Provincial Public Security Office where there is a border have the authority to:

a) To issue warnings;

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

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) To confiscate objects and means of administrative violations with a value not exceeding the fine amount specified in Point b of this clause;

đ) Apply the measures to remedy consequences prescribed in points a, c, d, e, i, Clause 3, Article 3 of this Decree.

5. The Director of the Provincial Police Department has the authority to:

a) To issue warnings;

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

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) To confiscate objects and means of administrative violations with a value not exceeding the fine amount specified in Point b of this clause;

d) To apply the expulsion penalty form;

e) Apply the measures to remedy consequences prescribed in points a, c, d, e, g, h, i, l, Clause 3, Article 3 of this Decree.

Article 18. Competence to impose penalties of the Coast Guard

The Coast Guard have the authority to impose penalties on violations stipulated in this Decree within their jurisdictional areas as follows:

1. Coast Guard officers performing their duties have the right to:

a) To issue warnings;

b) To impose fines up to VND 1,000,000.

2. The head of the Coast Guard business affairs team have the right to:

a) To issue warnings;

b) Impose a fine up to 2,500,000 VND.

3. The Head of the Maritime Police Operational Team, the Head of the Maritime Police Station have the right to:

a) To issue warnings;

b) To impose fines up to VND 5,000,000;

c) Apply the measures to remedy consequences prescribed in points a, c, d, Clause 3, Article 3 of this Decree.

4. The maritime squadron commander have the right to:

a) To issue warnings;

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

c) Confiscate the objects and means of administrative violation with a value not exceeding the amount of fine prescribed in point b of this clause;

d) Apply the measures to remedy consequences prescribed in points a, c, d, e, i, Clause 3, Article 3 of this Decree.

5. Chiefs of coast guard fleets have the authority to:

a) To issue warnings;

b) Impose fines up to 15,000,000 VND;

c) Confiscate the objects and means of administrative violation with a value not exceeding the amount of fine prescribed in point b of this clause;

d) Apply the measures to remedy consequences prescribed in points a, c, d, e, i, Clause 3, Article 3 of this Decree.

6. The Commander of the Coast Guard Zone Command under the Coast Guard Command have the authority to:

a) To issue warnings;

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

c) Confiscate the objects and means of administrative violation with a value not exceeding the amount of fine prescribed in point b of this clause;

d) Apply the measures to remedy consequences prescribed in points a, c, d, e, g, h, i, l, Clause 3, Article 3 of this Decree.

7. The commander of the Vietnam Coast Guard have the right to:

a) To issue warnings;

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

c) To confiscate objects and means of administrative violations;

d) Revoke the right to use a time-limited license or certificate of practice or suspend operations for a time-limited period;

đ) Apply the measures to remedy consequences prescribed in Clause 3, Article 3 of this Decree.

Article 19. Competence to impose penalties of Market Management

Market Management have the authority to impose penalties on violations stipulated in this Decree within their jurisdictional areas as follows:

1. Market inspectors performing their duties have the right to:

a) To issue warnings;

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

2. The Head of the Market Management Team under the Provincial Market Management Bureau have the authority to:

a) To issue warnings;

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

c) Confiscate the objects and means of administrative violation with a value not exceeding the amount of fine prescribed in point b of this clause;

d) Apply the measures to remedy consequences prescribed in points a, d, đ, Clause 3, Article 3 of this Decree.

3. The Director of the Market Management Operations Bureau under the General Administration of Market Management, the Director of the Provincial Market Management Bureau have the authority to:

a) To issue warnings;

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

c) To confiscate objects and means of administrative violations;

d) Suspend the right to use licenses and certificates of practice for a period of time;

đ) Apply the measures to remedy consequences prescribed in points a, d, đ, Clause 3, Article 3 of this Decree.

Article 20. Competence to impose penalties of Customs

Customs have the authority to impose penalties on violations stipulated in this Decree within their jurisdictional areas as follows:

1. Customs officials performing official duties have the right to:

a) To issue warnings;

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

2. The Head of the Customs Branch, the Head of the Post-Clearance Inspection Branch have the authority to:

a) To issue warnings;

b) Impose a fine up to 5,000,000 VND.

3. The Director of the Customs Branch, the Director of the Post-Clearance Inspection Branch, the Head of the Supervision Team under the Provincial Customs Bureau, the Head of the Anti-Smuggling Supervision Team, the Head of the Customs Procedures Team, the Head of the Sea Supervision Squadron and the Head of the Intellectual Property Protection Supervision Team under the Anti-Smuggling Investigation Bureau of the General Administration of Customs have the authority to:

a) To issue warnings;

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

c) Confiscate the objects and means of administrative violation with a value not exceeding the amount of fine prescribed in point b of this clause;

d) Apply the measures to remedy consequences prescribed in points d, đ, h, m, Clause 3, Article 3 of this Decree.

4. The Director of the Anti-Smuggling Investigation Bureau, the Director of the Post-Clearance Inspection Bureau under the General Administration of Customs, the Director of the Provincial Customs Bureau have the authority to:

a) To issue warnings;

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

c) Confiscate the objects and means of administrative violation with a value not exceeding the amount of fine prescribed in point b of this clause;

d) Revoke the right to use a time-limited license or certificate of practice or suspend operations for a time-limited period;

đ) Apply the measures to remedy consequences prescribed in points d, đ, h, m, Clause 3, Article 3 of this Decree.

5. Chiefs of the General Department of Customs have the authority to:

a) To issue warnings;

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

c) To confiscate objects and means of administrative violations;

d) Revoke the right to use a time-limited license or certificate of practice or suspend operations for a time-limited period;

đ) Apply the measures to remedy consequences prescribed in points d, đ, h, m, Clause 3, Article 3 of this Decree.

Article 21. Competence to impose penalties of the Maritime Port Control Authority

The Maritime Port Control Authority has the right to impose penalties on violations of this Decree within its field and management area as follows:

1. The Representative Head of the Maritime Port Control Authority has the right:

a) To issue warnings;

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

c) To confiscate evidence and means of administrative violation with a value not exceeding the amount of fine prescribed in point b clause of this article.

2. The Director of the Maritime Port Control Authority has the right:

a) To issue warnings;

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

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) To confiscate objects and means of administrative violations with a value not exceeding the fine amount specified in Point b of this clause;

đ) To apply measures to remedy consequences prescribed in points a, b, c, d, đ, e, g, h, i, l clause 3 of this Decree.

Article 22. Competence to impose penalties of the Inland Waterway Port Control Authority

The Inland Waterway Port Control Authority has the right to impose penalties on violations of this Decree within its field and management area as follows:

1. The Representative Head of the Inland Waterway Port Control Authority has the right:

a) To issue warnings;

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

c) To confiscate evidence and means of administrative violation with a value not exceeding the amount of fine prescribed in point b clause of this article.

2. The Director of the Inland Waterway Port Control Authority under the Vietnam Inland Waterway Administration has the right:

a) To issue warnings;

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

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) To confiscate objects and means of administrative violations with a value not exceeding the fine amount specified in Point b of this clause;

đ) To apply measures to remedy consequences prescribed in points a, b, c, d, đ, e, g, h, i, l clause 3 of this Decree.

Article 23. Competence of Fisheries Inspection

Fisheries Inspection has the right to impose penalties on violations of this Decree within its field and management area as follows:

1. Fisheries Inspectors performing their duties have the right to:

a) To issue warnings;

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

2. The Head of Fisheries Inspection Stations under Fisheries Inspection Branches have the right to:

a) To issue warnings;

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

c) To confiscate evidence and means of administrative violation with a value not exceeding the amount of fine prescribed in point b clause of this article;

d) To apply measures to remedy consequences prescribed in points a, c, d, đ, e clause 3 of Article 3 of this Decree.

3. The Chief of the Fisheries Inspection Branch has the right:

a) To issue warnings;

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

c) To confiscate evidence and means of administrative violation with a value not exceeding the amount of fine prescribed in point b clause of this article;

d) To apply measures to remedy consequences prescribed in points a, c, d, đ, e clause 3 of Article 3 of this Decree.

4. The Director of the Fisheries Inspection Department has the right:

a) To issue warnings;

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

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

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

đ) To apply measures to remedy consequences prescribed in points a, c, d, đ, e clause 3 of Article 3 of this Decree.

Article 24. Delimitation of Competence to Impose Penalties

1. Competence to impose administrative penalties of the Chairpersons of People's Committees at all levels:

a) The Chairperson of the People's Committee at the commune level imposes penalties on administrative violations prescribed in point c clause 1; point b, point c clause 2; point b clause 3; point b, point c, point d, point đ, point e clause 5 Article 6; clause 3 Article 7; point c clause 1, point c clause 2, point b clause 3 Article 8; clause 1; point a, point b clause 2; point c, point d clause 3; point b, point c, point đ, point e clause 4 Article 9; clause 1, clause 2 Article 10; clause 1 Article 12; point a, point b clause 1 Article 13; Article 14 of this Decree;

b) The Chairperson of the People's Committee at the district level imposes penalties on administrative violations prescribed in clauses 1, 2, 3, 4, 5, 6, 7 Article 6; Article 7; clauses 1, 2, 3, 4, 5, 6, 7, 8 Article 8; Article 9; clauses 1, 2, 3, 4, 5 Article 10; clauses 1, 2 Article 11; clauses 1, 2 Article 12; points a, b, c, d, d, e clause 1 Article 13; Article 14 of this Decree;

c) The Chairperson of the People's Committee at the provincial level imposes penalties on administrative violations prescribed in Articles 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 of this Decree.

2. Competence to impose administrative penalties of the Border Guard Force:

a) Border Guard soldiers impose penalties on administrative violations prescribed in point c clause 1 Article 6; point c clause 1 Article 8 of this Decree;

b) The Station Commander, Team Leader of Border Guard soldiers impose penalties on administrative violations prescribed in point c clause 1, point b clause 2 Article 6; point c clause 1, point c clause 2 Article 8; clause 1; point a, point b clause 2 Article 9; Article 14 of this Decree;

c) The Border Guard Post Commander, Border Guard Squadron Commander, Commanding Officer of the Border Guard Command at the port gate impose penalties on administrative violations prescribed in clauses 1, 2, 3, 4, 5, 6 Article 6; clause 1; point b, point c clause 2; clause 3; point b, point c, point d clause 4; point b clause 5 Article 7; clause 1; point a, point c, point d clause 2; point b clause 3; clause 5; point b, point c clause 6 Article 8; clauses 1, 2, 3, 4 Article 9; clauses 1, 2, 3, 4 Article 10; clause 1 Article 11; clauses 1, 2 Article 12; points a, b, c clause 1 Article 13; Article 14 of this Decree;

d) The Commanding Officer of the Provincial Border Guard Force, the Commanding Officer of the Border Guard Squadron directly under the Border Guard Command impose penalties on administrative violations prescribed in Articles 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 of this Decree.

3. Competence to impose administrative penalties of the People's Public Security:

a) People's Public Security soldiers impose penalties on administrative violations prescribed in point c clause 1 Article 6, point c clause 1 Article 8 of this Decree;

b) The Station Commander, Team Leader of People's Public Security soldiers impose penalties on administrative violations prescribed in point c clause 1 Article 6; point c clause 1 Article 8; clause 1 Article 9 of this Decree;

c) The Chief of Public Security at the commune level, the Chief of Public Security post, the Chief of Public Security station at the border gate, export processing zone impose penalties on administrative violations prescribed in point c clause 1; point b, point c clause 2 Article 6; point c clause 1, point c clause 2 Article 8; clause 1; point a, point b clause 2 Article 9; clauses 1, 2, 3, 4 Article 10 of this Decree;

d) The Chief of Public Security at the district level; the Chief of the Criminal Investigation Police Department for Social Order; the Chief of the Environmental Crime Prevention Police Department; the Chief of the Administrative Management Police Department for Social Order; the Chief of the Traffic Police Department or the Chief of the Road Traffic Police Department, Railway Traffic Police Department; the Chief of the Road Traffic Police Department; the Chief of the Waterway Traffic Police Department under the Provincial Public Security Department where there is a border impose penalties on administrative violations prescribed in clauses 1, 2, 3, 4, 5, 6 Article 6; clauses 1, 2, 3, 4, 5 Article 7; clauses 1, 2, 3, 4, 5, 6 Article 8; clause 1; points a, b, c clause 2; points a, b clause 3; point a clause 4; points a, b clause 5 Article 9; clauses 1, 2, 3, 4 Article 10; clause 1 Article 11; clauses 1, 2 Article 12; points a, b, c clause 1 Article 13 and Article 14 of this Decree;

d) The Director of the Provincial Public Security Office where there is a border shall impose administrative penalties for violations stipulated in Clauses 1, 2, 3, 4, 5, 6, Point c Clause 7 Article 6; Article 7; Clause 1; Clause 2; Clause 3; Clause 4; Clause 5; Clause 6; Clause 7; Point b, Point c, Point d Clause 8 Article 8; Clause 1; Point a, Point b, Point c Clause 2; Point a, Point b Clause 3; Point a Clause 4; Point a, Point b Clause 5; Point d Clause 6 Article 9; Clause 1, Clause 2, Clause 3, Clause 4, Clause 5 Article 10; Clause 1, Clause 2 Article 11; Clause 1, Clause 2 Article 12; Point a, Point b, Point c, Point d, Point đ, Point e Clause 1 Article 13 and Article 14 of this Decree.

4. Competence to impose administrative penalties of the Coast Guard:

a) Coast Guard officers shall impose administrative penalties for violations stipulated in Clause 1 Article 9 of this Decree;

b) Team leaders of Coast Guard operational teams shall impose administrative penalties for violations stipulated in Clause 1 Article 9 of this Decree;

c) Team leaders of Coast Guard operational teams, Station chiefs of Coast Guard stations shall impose administrative penalties for violations stipulated in Point b Clause 3 Article 8; Clause 1 Article 9 of this Decree;

d) Squadron commanders of Coast Guard squadrons shall impose administrative penalties for violations stipulated in Point d Clause 2; Point b Clause 3; Clause 5; Point b, Point c Clause 6 Article 8; Clause 1; Point a, Point b Clause 3; Point d Clause 4; Point a, Point b, Point c Clause 5 Article 9; Clause 1 Article 12; Clause 1, Clause 3 Article 14 of this Decree;

đ) Flotilla commanders of Coast Guard flotillas shall impose administrative penalties for violations stipulated in Point d Clause 2; Point b Clause 3; Clause 5; Point b, Point c Clause 6; Clause 7 Article 8; Clause 1; Point a, Point b Clause 3; Point d Clause 4; Point a, Point b, Point c Clause 5 Article 9; Clause 1, Clause 2 Article 12; Point a, Point b, Point c, Point d Clause 1; Clause 2 Article 13 and Clause 1, Clause 3 Article 14 of this Decree;

e) Commanders of Coast Guard Regional Commands shall impose administrative penalties for violations stipulated in Point d Clause 2; Point b Clause 3; Clause 5; Point b, Point c Clause 6; Clause 7; Point a, Point b, Point d Clause 8 Article 8; Clause 1; Point a, Point b Clause 3; Point d Clause 4; Point a, Point b, Point c Clause 5 Article 9; Clause 1, Clause 2 Article 12; Point a, Point b, Point c, Point d, Point đ, Point e Clause 1; Clause 2 Article 13; Clause 1, Clause 3 Article 14 of this Decree;

g) Commander of the Vietnam Coast Guard shall impose administrative penalties for violations stipulated in Point a Clause 1, Point a Clause 2 Article 5; Point b, Point d Clause 2; Clause 3; Clause 4; Clause 5; Point b, Point c Clause 6; Clause 7; Clause 8; Clause 10; Clause 11 Article 8; Clause 1; Point a, Point b Clause 3; Point d Clause 4; Point a, Point b, Point c Clause 5 Article 9; Article 12; Article 13; Clause 1, Clause 3 Article 14 of this Decree.

5. Competence to impose administrative penalties of Customs:

a) Team leaders under the Customs Branch, Team leaders under the Post-Customs Inspection Branch shall impose administrative penalties for violations stipulated in Clause 3 Article 7 of this Decree;

b) Chiefs of Customs Branches, Chiefs of Post-Customs Inspection Branches, Team leaders of Control Teams under the Provincial Customs Bureau, inter-provincial, central city-level Customs Bureau, Team leaders of Anti-Smuggling Control Teams, Team leaders of Customs Procedure Teams, Squadron commanders of Sea Control Squadrons and Team leaders of Intellectual Property Protection Control Teams under the General Department of Customs Investigation and Anti-Smuggling shall impose administrative penalties for violations stipulated in Point b, Point c Clause 2; Clause 3; Point b, Point c, Point d Clause 4; Point b Clause 5 Article 7; Point a, Point c Clause 3; Point d Clause 4; Point b, Point c Clause 5 Article 9; Point a, Point b, Point c, Point d, Point đ, Point e Clause 1 Article 13 of this Decree;

c) Chiefs of the General Department of Customs Investigation and Anti-Smuggling, Chiefs of the Post-Customs Inspection Branches under the General Department of Customs, Chiefs of the Provincial Customs Bureau, inter-provincial, central city-level Customs Bureau shall impose administrative penalties for violations stipulated in Clause 2; Clause 3; Point a, Point b, Point c, Point d Clause 4; Clause 5 Article 7; Point a, Point c Clause 3; Point d Clause 4; Point b, Point c Clause 5 Article 9; Clause 1, Clause 3 Article 13 of this Decree;

d) Chief of the General Department of Customs shall impose administrative penalties for violations stipulated in Clause 2; Clause 3; Point a, Point b, Point c, Point d Clause 4; Clause 5 Article 7; Point a, Point c Clause 3; Point d Clause 4; Point b, Point c Clause 5 Article 9; Clause 1, Clause 3 Article 13 of this Decree.

6. Competence to impose administrative penalties of Market Management:

a) Team leaders of Market Management Teams under the Provincial Market Management Bureau shall impose administrative penalties for violations stipulated in Point c Clause 2, Clause 3 Article 7; Clause 5 Article 8; Point b Clause 5 Article 9; Clause 1, Clause 2 Article 12; Point a, Point b, Point c, Point d, Point đ, Point e Clause 1, Clause 2 Article 13 of this Decree;

b) Chiefs of the Market Management Service Bureau under the General Department of Market Management, Chiefs of the Provincial Market Management Bureau shall impose administrative penalties for violations stipulated in Point c Clause 2, Clause 3, Point a Clause 4 Article 7; Clause 5, Point a Clause 6 Article 8; Point b Clause 5 Article 9; Article 12; Article 13 of this Decree;

c) Chief of the General Department of Market Management shall impose administrative penalties for violations stipulated in Point c Clause 2, Clause 3, Point a Clause 4 Article 7; Clause 5, Point a Clause 6 Article 8; Point b Clause 5 Article 9; Article 12; Article 13 of this Decree.

7. Competence to impose administrative penalties of Maritime Port Authorities:

a) Representatives of Maritime Port Authorities shall impose administrative penalties for violations stipulated in Point b Clause 3; Point b, Point c Clause 6; Point a, Point d Clause 8 Article 8; Clause 1; Point a, Point b Clause 2; Point c, Point d Clause 3; Point b, Point c, Point đ, Point e Clause 4; Point b, Point d, Point đ Clause 5 Article 9 of this Decree;

b) Directors of Maritime Port Authorities shall impose administrative penalties for violations stipulated in Clause 3; Clause 4; Clause 5; Point b, Point c Clause 6; Point a, Point d Clause 8 Article 8; Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6 Article 9 of this Decree.

8. The administrative penalty authority of the Inland Waterway Harbor Service:

a) The representative head of the Inland Waterway Harbor Service shall impose penalties on acts of administrative violations specified in point b Clause 3; point b, point c Clause 6; point a, point d Clause 8 Article 8; Clause 1; point a, point b Clause 2; point c, point d Clause 3; point b, point c, point đ, point e Clause 4; point b, point d, point đ Clause 5 Article 9 of this Decree;

b) The Director of the Inland Waterway Harbor Service under the Vietnam Inland Waterway Administration shall impose penalties on acts of administrative violations specified in Clause 3; Clause 4; Clause 5; point b, point c Clause 6; point a, point d Clause 8 Article 8; Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6 Article 9 of this Decree.

9. The administrative penalty authority of Fisheries Inspectors:

a) The Station Head of the Fisheries Inspection Station under the Fisheries Inspection Branch shall impose penalties on acts of administrative violations specified in point b Clause 3; Clause 5; point b, point c Clause 6 Article 8; point b Clause 3 Article 9; Clause 1 Article 14 of this Decree;

b) The Branch Chief of the Fisheries Inspection Branch has the authority to impose penalties on acts of administrative violations specified in point b Clause 3; Clause 5; point b, point c Clause 6; Clause 9 Article 8; point b Clause 3 Article 9; Clause 1 Article 14 of this Decree;

c) The Director of the Fisheries Inspection Department shall impose penalties on acts of administrative violations specified in point b Clause 2; Clause 3; Clause 4; Clause 5; point b, point c Clause 6; point c Clause 8; Clause 9 Article 8; point b Clause 3 Article 9; Clause 1 Article 14 of this Decree.

Article 25. Authority to draw up administrative violation records

1. When performing official duties, those persons with the authority to impose administrative penalties as stipulated in Articles 15, 16, 17, 18, 19, 20, 21, 22, 23 of this Decree have the authority to draw up administrative violation records in the field of national border management and protection.

2. Officials, civil servants, employees, soldiers in agencies as stipulated in Articles 15, 16, 17, 18, 19, 20, 21, 22, 23 of this Decree who are performing official duties or tasks according to normative legal documents or administrative documents issued by authorized individuals or agencies have the right to draw up administrative violation records in the field of national border management and protection.

3. The captain of patrol boats belonging to Border Guard Flotillas, Border Guard Squadrons, Coast Guard Flotillas, Coast Guard Squadrons, Water Units under the People's Public Security, Fisheries Inspection Branches and those persons assigned by the captain of patrol boats belonging to Border Guard Flotillas, Border Guard Squadrons, Coast Guard Flotillas, Coast Guard Squadrons, Water Units under the People's Public Security, Fisheries Inspection Branches to draw up records have the right to draw up administrative violation records in the field of national border management and protection.

4. Persons with the authority to draw up administrative violation records in the field of national border management and protection but without the authority to impose penalties as stipulated in Clause 1, Clause 2, Clause 3 of this Article only have the right to draw up records about violations within the scope of their official duties or tasks assigned and bear responsibility for drawing up such records. In cases where the violation involves both actions within the authority to impose penalties of the record drawer and actions outside such authority or exceeding such authority, the record drawer shall still proceed to draw up administrative violation records for all violations and immediately transfer the record to the person with the authority to impose penalties to proceed with punishment in accordance with Clause 3 Article 58 of the Law on Handling Administrative Violations.

Chapter IV
IMPLEMENTING PROVISIONS

Article 26. Effective date

This Decree takes effect from October 10, 2020 and replaces Government Decree No. 169/2013/NĐ-CP dated November 12, 2013 on administrative penalties in the field of national border management and protection.

Article 27. Transitional Provisions

1. For acts of administrative violations in the field of national border management and protection occurring before the effective date of this Decree but discovered afterwards or currently being examined and resolved, provisions that are more favorable to the violator organizations or individuals shall be applied.

2. For decisions on administrative penalties already issued or fully executed before the effective date of this Decree, if the individual or organization subject to administrative penalty or the individual subject to administrative measures still appeals, the provisions of Government Decree No. 169/2013/NĐ-CP dated November 12, 2013 on administrative penalties in the field of national border management and protection shall be applied.

Article 28. Responsibility for Implementation

1. The Minister of National Defense shall guide 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; Article 18; inspect and organize the implementation of this Decree.

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