DECREE No. 282/2025/ND-CP
GOVERNMENT | SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ————— |
No. 282/2025/ND-CP | Hanoi, October 30, 2025 |
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DECREE
REGULATIONS ON SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE FIELD OF SECURITY, SOCIAL ORDER AND SAFETY; PREVENTION AND CONTROL OF SOCIAL EVILS; PREVENTION AND CONTROL OF DOMESTIC VIOLENCE
Pursuant to the Law on Government Organization No. 63/2025/QH15;
Pursuant to the Law on Handling of Administrative Violations No. 15/2012/QH13 amended and supplemented by Law No. 67/2020/QH14 and Law No. 88/2025/QH15;
Pursuant to the Law on Judicial Record No. 28/2009/QH12;
Pursuant to the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam No. 47/2014/QH13 amended and supplemented by Law No. 51/2019/QH14 and Law No. 23/2023/QH15;
Pursuant to the Law on Guards No. 13/2017/QH14 amended and supplemented by Law No. 40/2024/QH15;
Pursuant to the Law on Protection of State Secrets No. 29/2018/QH14;
Pursuant to the Law on Enforcement of Criminal Judgments No. 41/2019/QH14;
Pursuant to the Law on Exit and Entry of Vietnamese Citizens No. 49/2019/QH14 amended and supplemented by Law No. 23/2023/QH15;
Pursuant to the Residence Law No. 68/2020/QH14;
Pursuant to the Law on Environmental Protection No. 72/2020/QH14;
Pursuant to the Law on Drug Prevention and Control No. 73/2021/QH14;
Pursuant to the Law on Domestic Violence Prevention and Control No. 13/2022/QH15;
Pursuant to the Law on Identity No. 26/2023/QH15;
Pursuant to the Law on Forces participating in the protection of security and order at the grassroots level No. 30/2023/QH15;
Pursuant to the Law on Management and Use of Weapons, Explosives and Combat Gears No. 42/2024/QH15;
Pursuant to the Ordinance on Prevention and Combat of Prostitution No. 10/2003/PL-UBTVQH11;
At the request of the Minister of Public Security;
The Government promulgates the Decree on sanctioning administrative violations in the field of security, social order and safety; prevention and control of social evils; prevention and control of domestic violence.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of Regulation
- This Decree prescribes acts of administrative violation, forms and levels of sanctioning and remedial measures for each act of administrative violation, competence to make records, sanctioning competence and specific fine levels for each title for acts of administrative violation in the field of security, social order and safety; prevention and control of social evils; prevention and control of domestic violence.
- Acts of administrative violations in other domains directly related to security, social order and safety; prevention and control of social evils; prevention and control of domestic violence not specified in this Decree shall apply the provisions of other Decrees of the Government on sanctioning of administrative violations in the relevant state management domains for sanctioning.
Article 2. Subjects of application
- Vietnamese individuals and organizations; foreign individuals and organizations that commit acts of administrative violation in the field of security, social order and safety; prevention and control of social evils; prevention and control of domestic violence within the territory, internal waters, territorial seas, contiguous zones of territorial seas, exclusive economic zones and continental shelves of the Socialist Republic of Vietnam; on aircraft bearing Vietnamese nationality or ships flying the Vietnamese flag.
- Vietnamese citizens and organizations that commit acts of violation specified in this Decree outside the territory of the Socialist Republic of Vietnam may be administratively sanctioned according to the provisions of this Decree.
- Agencies and persons competent to sanction administrative violations in the domain of security, social order and safety; prevention and control of social evils; prevention and control of domestic violence and related individuals and organizations.
Article 3. Forms of sanctioning administrative violations, remedial measures, regulations on administrative violations that have ended, administrative violations are being committed and administrative violations are sanctioned for cases of repeated violations
- The main sanctioning forms specified in this Decree include:
- a) Impose a warning;
- b) A fine.
- Additional sanctioning forms specified in this Decree include:
- a) Deprivation of the right to use licenses or practice certificates for a definite period;
- b) Suspension of operation for a definite time;
- c) Confiscation of material evidences and means used for administrative violations (hereinafter collectively referred to as material evidences and means of administrative violations);
- d) Expulsion.
- Remedial measures:
- a) Remedial measures specified at Points a, c, e and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations (amended and supplemented in 2020 and 2025) (hereinafter collectively referred to as the Law on Handling of Administrative Violations);
- b) Other measures specified in Chapter II of this Decree.
- Procedures for implementation of remedial measures to force the return of licenses and practice certificates:
- a) The person competent to issue the decision, the violating individual or organization shall take remedial measures to force the return of the license or practice certificate in accordance with the provisions of Clauses 1, 2, 3 and 4, Article 85 of the Law on Handling of Administrative Violations;
- b) The person competent to issue the decision on implementation of the remedial measure specified at Point a of this Clause must notify in writing the competent agency or person that has granted the license or practice certificate;
- c) In case the license or practice certificate is issued in electronic form or expressed in the form of a data message, the competent agency or person shall forcibly return the license or practice certificate in the electronic environment as prescribed if the conditions on infrastructure and technology, information. The forced return of licenses and practice certificates shall be updated on the database or electronic identification card or electronic identification account in accordance with regulations.
- Acts of administrative violation that have ended or acts of administrative violation that are being committed shall be determined based on the provisions of Clause 1, Article 8 of the Government’s Decree No. 118/2021/ND-CP dated December 23, 2021 detailing a number of articles and measures for the implementation of the Law on Handling of Administrative Violations (amended, supplemented in the Government’s Decree No. 68/2025/ND-CP dated March 18, 2025 and the Government’s Decree No. 190/2025/ND-CP dated July 1, 2025).
- Organizations and individuals that commit administrative violations many times shall be sanctioned for each act of violation, except for the case of committing each act of violation specified at Point c, Clause 2, Article 12; Points e and i Clause 2, Points p, q and t Clause 3, Points d and dd Clause 4 Article 15; Articles 32, 33 and 36 of this Decree, which are detected at the same time but have not yet been handled and the statute of limitations for sanctioning administrative violations has not expired, the administrative violation shall be sanctioned once for the act of violation, and at the same time the aggravating circumstance of repeated administrative violation shall be applied to such act of administrative violation.
Article 4. Execution of sanctioning decisions, determination of illegal profits obtained from the commission of acts of administrative violation, dossiers of sanctioning of administrative violations
- The implementation of decisions on sanctioning administrative violations shall comply with the provisions of Section 2, Chapter III, Part II of the Law on Handling of Administrative Violations and Articles 16, 19, 20 and 22 of the Government’s Decree No. 118/2021/ND-CP dated December 23, 2021 detailing a number of articles and measures for the implementation of the Law on Handling of Administrative Violations (already amended and supplemented in Decree No. 68/2025/ND-CP dated March 18, 2025 of the Government and Decree No. 190/2025/ND-CP dated July 1, 2025 of the Government).
- Illicit profits obtained from the commission of acts of administrative violation under the provisions of this Decree are objects, money, valuable papers or other assets obtained from administrative violations committed by such individuals or organizations and are determined as follows:
- a) The amount of illegal profits earned in cash is the total amount of money earned by organizations and individuals from acts of administrative violation and is calculated as the amount of money collected from the transfer, sale of goods or provision of services in violation after deducting expenses directly constituting goods or services based on dossiers and documents proving the legality and validity of such expenses provided by violating individuals and organizations;
- b) The amount of illegal profits obtained in the form of valuable papers is the entire valuable paper obtained by the violating organization or individual from the act of administrative violation. In case the valuable papers have been transferred, the amount of illegal profits shall be determined by the actual amount of money collected at the time of transfer; in case the valuable papers have been dispersed or destroyed, the amount of illegal profits shall be determined according to the book value of the organization issuing the valuable papers at the time of dispersal or destruction;
- c) Illegal profits are other objects and assets obtained by the violating organization or individual from the act of administrative violation which are other assets as prescribed by the Civil Code. In case other objects and assets have been transferred, consumed or destroyed, the amount of illegal profits shall be determined by an amount equivalent to the market value of assets of the same type or determined by the book value of the assets (if they have no market value) or by the monetary value of the assets inscribed in the export declarations. import declarations (if they are exports or imports) of violating organizations and individuals after deducting expenses directly constituting goods shall be based on dossiers and documents proving the legality and validity of such expenses.
- Minutes, documents, documents or other relevant papers recording the implementation of sanctioning forms and remedial measures must be included in the dossier of sanctioning administrative violations under the provisions of Article 57 of the Law on Handling of Administrative Violations.
Article 5. Regulations on the maximum fine level, organizations sanctioned for administrative violations
- The maximum fine level in the field of domestic violence prevention and control for individuals is VND 30,000,000 and for organizations is VND 60,000,000; the maximum fine in the field of security, social order and safety for individuals is VND 40,000,000 and for organizations is VND 80,000,000; the maximum fine in the field of prevention and control of social evils for individuals is 75,000,000 VND and for organizations is 150,000,000 VND.
- The fine level specified in Chapter II of this Decree is the fine level applied to acts of administrative violation committed by individuals. For organizations committing the same violation, the fine level is 02 times the fine level for individuals.
- Organizations specified in Clauses 1 and 2 of this Article include:
- a) Economic organizations and dependent units established in accordance with law;
- b) The Vietnam Fatherland Front, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations, social funds, charity funds, non-governmental organizations and organizations affiliated to these agencies and organizations;
- c) State agencies, people’s armed forces units, agencies of the organizational system of the Communist Party of Vietnam (except for agencies and units that commit acts of violation and such acts fall under their assigned state management tasks);
- d) Non-business units;
- dd) Religious organizations, affiliated religious organizations, foreign organizations;
- e) Other organizations established in accordance with law.
- Households and business households that register their business according to the provisions of law and violate the provisions of this Decree shall be sanctioned in the same way as individuals.
Article 6. Statute of limitations for sanctioning administrative violations
- The statute of limitations for sanctioning administrative violations in the field of security, social order and safety; prevention and control of social evils; domestic violence prevention and control is 01 year.
- The time for calculating the statute of limitations for sanctioning administrative violations specified in Clause 1 of this Article shall comply with the provisions of Article 6 of the Law on Handling of Administrative Violations.
Article 7. Sanctioning administrative violations against divorced persons; people living together as husband and wife; persons who are fathers, mothers, stepchildren, brothers, sisters of divorced persons, of persons living together as husband and wife; persons who have had an adoptive parent relationship and adopted children with each other who commit acts of domestic violence
- Acts of violation specified in Article 37; Article 39; Points a and c, Clause 1, Clause 2, Article 40; Clause 1, Point a, Clause 2, Article 41; Article 45 of this Decree also applies sanctions to divorced persons.
- Acts of violation specified in Article 37; Point a, Clause 1, Article 38; Article 39; Clauses 1, 2 and 3 of Article 40; Clauses 1 and 2, Article 41; Points c, d and dd, Clause 1, Article 44; Article 45 of this Decree also applies sanctions to persons living together as husband and wife.
- Acts of violation specified in Article 37; Clause 1, Article 39; Points a and c, Clause 1, Point a, Clause 2, Article 40 of this Decree shall also be applied to persons who are fathers, mothers, stepchildren, brothers and sisters of divorced persons, and persons living together as husband and wife.
- Acts of violation specified in Article 37; Article 39; Clause 2, Article 40; Clause 1, Point a, Clause 2, Article 41; Article 45 of this Decree also applies sanctions to persons who have had adoptive parental relations and adopted children.
Chapter II
ACTS OF ADMINISTRATIVE VIOLATION, SANCTIONING FORMS AND REMEDIAL MEASURES
Section 1. ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON SECURITY, SOCIAL ORDER AND SAFETY
Article 8. Violations against regulations on public order
- A caution or a fine of between VND 500,000 and VND 1,000,000 shall be imposed for one of the following acts:
- a) Causing public disorder at art performance places, places where cultural, physical training and sports or commercial activities are organized, offices of agencies, organizations, residential areas or in other public places, except for the case specified at Point a, Clause 2 of this Article;
- b) Free-range of domesticated animals in urban areas or public places;
- c) Allowing livestock, plants or other objects to encroach on roads, sidewalks, flower gardens, playgrounds, urban centers, common living places in residential areas or urban areas;
- d) Unintentionally causing injury or harm to the health of others but not serious enough to be examined for penal liability;
- dd) Throwing garbage or throwing anything else on the fence wall and the area adjacent to the protection objective;
- e) Herding and grazing cattle and poultry in apartment buildings.
- A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed for one of the following acts:
- a) Using alcohol, beer or stimulants to cause public disorder;
- b) Organizing or participating in gatherings of many people in public places, causing public disorder;
- c) Allowing farmed animals to cause injury or property damage to other organizations or individuals;
- d) Flying kites, balloons and toys that can be flown in prohibited areas or protected target areas;
- dd) Using unmanned aircraft or ultralight aircraft that have not been registered for a flight license or organizing flight activities without a license or registered but flying in contravention of the permitted time, place, area, coordinates or limits;
- e) Obstructing, harassing or causing trouble to others when loading, transporting or storing luggage at markets, piers, bus stations, airports, ports, railway stations and other public places;
- g) Burning and releasing “sky lanterns”;
- h) Failing to have sufficient dossiers and documents to carry when operating unmanned aircraft and ultralight aircraft;
- i) Organizing flight activities of unmanned aircraft and ultralight aircraft when the persons directly operating and using them do not meet the standards of eligibility for flight;
- k) Organizing flight activities of unmanned aircraft and ultralight aircraft when the aircraft does not meet the flight eligibility standards;
- l) Spraying paint, writing, drawing, pasting or affixing images and contents on walls, electric poles or other locations in residential areas, public places, apartment complexes, residences of citizens or other works without permission of competent agencies.
- A fine of between VND 3,000,000 and VND 4,000,000 shall be imposed for one of the following acts:
- a) Insulting the dignity and honor of others but not to the extent of being examined for penal liability or provoking, teasing, insulting or defaming the honor and dignity of others, except for the case specified at Point b, Clause 2, Article 26; Clauses 1 and 2, Article 39 of this Decree;
- b) Organizing, hiring, assisting, instigating, enticing, seducing or inciting others to intentionally cause injury or harm to the health of others or infringe upon the honor and dignity of others but not to the extent of being examined for penal liability;
- c) Deliberately reporting false or untrue information to competent agencies and organizations;
- d) Telephone calls to emergency telephone numbers 111, 113, 114, 115 or hotlines of agencies or organizations to harass, threaten or insult them;
- dd) Designing, producing, repairing, maintaining and testing aircraft, aircraft engines, aircraft propellers and equipment of unmanned aircraft and ultralight aircraft without sufficient legal dossiers and documents issued or registered by competent state agencies as prescribed;
- e) Designing, producing, repairing, maintaining and testing aircraft, aircraft engines, aircraft propellers and equipment and equipment of unmanned aircraft and ultralight aircraft that fail to fully maintain human resource conditions under licenses issued by competent agencies;
- g) Designing, producing, repairing, maintaining and testing aircraft, aircraft engines, aircraft propellers and equipment and equipment of unmanned aircraft and ultralight aircraft that fail to maintain all conditions on equipment, vehicles, tools, workshops and yards under licenses issued by competent agencies;
- h) Designing, producing, repairing, maintaining and testing aircraft, aircraft engines, aircraft propellers and equipment of unmanned aircraft and ultralight aircraft that fail to meet security, safety standards and environmental conditions as prescribed by law.
- A fine of between VND 4,000,000 and VND 6,000,000 shall be imposed for one of the following acts:
- a) Disrupting public order or organizing, hiring, assisting, instigating, enticing, seducing or inciting others to commit acts of disturbing public order but not serious enough to be examined for penal liability, except for the cases specified at Point c, Clause 4 and Point b, Clause 5 of this Article;
- b) Storing or concealing in persons, objects or means of transport tools and means used in labor, production or daily life that are likely to cause damage for the purpose of disturbing public order, intentionally causing injury or harm to the health of others;
- c) Disrupting or obstructing the normal operation of agencies and organizations;
- d) Organizing or participating in illegal gatherings of large numbers of people at Party offices, state agencies or prohibited places and areas;
- dd) Dumping or throwing waste, dirt, chemicals, bricks, soil, stones, sand or other objects into houses, residences, people, objects and property of other persons, offices of agencies, organizations, workplaces, places of production and business, targets or target protection watchtowers;
- e) Illegally entering targets, guard towers to protect targets;
- g) Using unmanned aircraft and ultralight aircraft to hang flags, banners, drop leaflets or broadcast propaganda loudspeakers outside the provisions of the flight permit;
- h) Writing, distributing or circulating documents and images with distorted, fabricated or slanderous contents that affect the prestige of agencies, organizations or individuals or carrying tapes, flags or banners in any form in order to oppose the Party’s undertakings and policies and the State’s laws. except for the violations specified in Clause 1, Article 101 of the Government’s Decree No. 15/2020/ND-CP dated February 03, 2020 on sanctioning administrative violations in the fields of post, telecommunications, radio frequency, information technology and electronic transactions (amended, supplemented in Decree No. 14/2022/ND-CP dated January 27, 2022 of the Government).
- A fine of between VND 6,000,000 and VND 8,000,000 shall be imposed for one of the following acts:
- a) Intentionally causing injury or harm to the health of others but not serious enough to be examined for penal liability, except for the cases specified in Clause 2 and Point b, Clause 3, Article 37 of this Decree;
- b) Disturbing public order by carrying tools, objects or other means capable of causing damage but not serious enough to be examined for penal liability;
- c) Filming, photographing and drawing diagrams of prohibited places and prohibited areas related to national defense and security;
- d) Sexual groping or harassment;
- dd) Pornography or sexual arousal in public places;
- e) Designing, manufacturing, repairing, maintaining and testing aircraft, aircraft engines, aircraft propellers and equipment and equipment of unmanned aircraft and ultralight aircraft of types or quality inconsistent with the types of products registered under licenses issued by competent agencies;
- g) Using unmanned aircraft and ultra-light aircraft to launch, shoot or release from the air harmful objects and substances or containing the risk of harm without permission;
- h) Committing obscenities against persons under 16 years of age but not serious enough to be examined for penal liability.
- A fine of between VND 8,000,000 and VND 9,000,000 shall be imposed for acts of using unmanned aircraft and ultra-light aircraft to film and take photos from the air without permission.
- A fine of between VND 9,000,000 and VND 12,000,000 shall be imposed for acts of performing unmanned aerial vehicles and ultralight aircraft in contravention of the contents of the flight permit issued by a competent authority.
- A fine of between VND 12,000,000 and VND 15,000,000 shall be imposed for acts of using unmanned aircraft and ultralight aircraft but failing to comply with orders and signals of the agency managing and supervising flight activities.
- A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for designing, producing, repairing, maintaining and testing aircraft, aircraft engines, aircraft propellers and equipment of unmanned aircraft and ultralight aircraft without a license issued by a competent authority.
- A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for one of the following acts:
- a) Performing unmanned flights and ultralight aircraft without flight permits issued by competent agencies;
- b) Committing rape or rape but not being examined for penal liability, except for the case specified at Point b, Clause 2, Article 41 of this Decree.
- A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for acts of using unmanned aircraft or ultralight aircraft to obstruct or cause unsafety to other aircraft.
- Acts of administrative violation on general hygiene preservation shall be handled and sanctioned in accordance with the Government’s Decree on sanctioning of administrative violations in the field of environmental protection and relevant legal documents.
- Additional sanctioning forms:
- a) Confiscation of material evidences and means used in administrative violations, for acts of violation specified at Points a, d, dd and g, Clause 2; Points a, b, c, d, dd, g and h, Clause 4; Points a, b, c and g, Clause 5; Clause 6; Point a, Clause 10 of this Article;
- b) Deprivation of the right to use licenses of establishments designing, producing, repairing, maintaining and testing aircraft, aircraft engines, aircraft propellers and equipment of unmanned aircraft and ultralight aircraft for a period of between 03 and 06 months, for the violations specified at Points g and h, Clause 3 of this Article;
- c) Deprivation of the right to use flight permits for between 03 and 06 months, for violations specified in Clauses 6, 7, 8 and 11 of this Article;
- d) Based on the nature, severity and consequences of violations, violators and extenuating circumstances and aggravating circumstances, decide to apply the sanction of expulsion to foreigners who commit acts of administrative violation specified at Points dd and e, Clause 4 of this Article.
- Remedial measures:
- a) Forcible restoration of the original state, for the violations specified at Point c, Clause 1, Point l, Clause 2 and Point dd, Clause 4 of this Article;
- b) Forcible correction of false or misleading information, for the violations specified at Point a, Clause 3 and Point h, Clause 4 of this Article;
- c) Forcible public apology at private homes, workplaces, other places or on the mass media, for the violations specified at Point a, Clause 3 and Point d, Clause 5 of this Article, unless the victim files a written request for refusal;
- d) Forcible application of measures to remedy environmental pollution, for violations specified at Point g, Clause 5 of this Article;
- dd) Forcible payment of all medical examination and treatment expenses, for the violations specified at Point d, Clause 1, Point c, Clause 2, Point b, Clause 3 and Point a, Clause 5 of this Article.
Article 9. Violations against regulations on ensuring general tranquility
- A caution or a fine of between VND 500,000 and VND 1,000,000 shall be imposed for one of the following acts:
- a) Failing to comply with regulations on keeping quiet of medical examination and treatment establishments, sanatoriums, schools or other places where general quiet must be maintained;
- b) Selling food and beverage goods beyond the hours prescribed by the People’s Committees of provinces and centrally-run cities.
- A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for acts of using loudspeakers, gongs, drums, whistles, trumpets or other means to promote in public places without permission of competent agencies.
- Acts of administrative violations related to noise not yet specified in this Decree shall be handled and sanctioned in accordance with the provisions of the Government’s Decree on sanctioning of administrative violations in the field of environmental protection and relevant legal documents.
- Additional sanctions:
Confiscation of material evidences and means of administrative violations, for violations specified in Clause 2 of this Article.
Article 10. Violations against regulations on residence registration and management
- A caution or a fine of between VND 500,000 and VND 1,000,000 shall be imposed for one of the following acts:
- a) Failing to comply with the provisions of law on permanent residence registration, temporary residence registration, permanent residence deregistration, temporary residence deregistration, household separation, adjustment of residence information in the residence database or declaration of residence information;
- b) Failing to comply with the provisions of law on notice of stay and declaration of temporary absence;
- c) Failing to produce residence-related papers or residence information on the national identification application at the request of competent agencies or persons.
- A fine of between VND 2,000,000 and VND 4,000,000 shall be imposed for one of the following acts:
- a) Erasing, modifying or falsifying the contents of certification of residence information and other residence-related papers;
- b) Buying, selling, renting, leasing certification of residence information and other residence-related papers in order to commit acts contrary to the provisions of law;
- c) Borrowing, lending or using the certification of residence information and other residence-related papers to commit acts in contravention of law;
- d) Having resided at a new lawful place of residence and satisfying the conditions for residence registration but failing to carry out procedures for changing the place of residence registration as prescribed by law;
- dd) Accommodation business establishments, collective houses, medical treatment establishments, tourist accommodation establishments, accommodation establishments in industrial parks and other establishments fail to notify the stay of 01 to 03 residents;
- e) Organizing, inciting, inciting, enticing, enticing, brokering or coercing others to violate the residence law;
- g) Pledge or receive pledges of residence papers and documents;
- h) Destroying residence papers and documents.
- A fine of between VND 4,000,000 and VND 8,000,000 shall be imposed for one of the following acts:
- a) Allowing other persons to register their residence in their residences for self-seeking purposes;
- b) Accommodation business establishments, collective houses, medical treatment establishments, tourist accommodation establishments, accommodation establishments in industrial parks and other establishments fail to notify the stay of 04 to 08 residents;
- c) Obstructing citizens from exercising their right to freedom of residence;
- d) Obstructing or failing to comply with the permanent residence inspection, temporary residence inspection, accommodation inspection, temporary absence inspection or residence inspection as prescribed by law.
- A fine of between VND 8,000,000 and VND 12,000,000 shall be imposed for one of the following acts:
- a) Providing false information, papers and documents about residence in order to obtain permanent residence registration, temporary residence registration, declaration of residence information, household separation, adjustment of residence information in the Residence Database, permanent residence deregistration or temporary residence deregistration, etc extending temporary residence, declaring temporary absence, issuing other papers related to residence or committing other illegal acts;
- b) Forging data, using false data on residence to obtain permanent residence registration, temporary residence registration, declaration of residence information, separation of households, adjustment of residence information in the Residence Database, permanent residence deregistration, temporary residence deregistration, etc extending temporary residence, declaring temporary absence, issuing other papers related to residence or committing other illegal acts;
- c) Forging residence information, using fake residence information on the national identification application;
- d) Accommodation business establishments, collective houses, medical treatment establishments, tourist accommodation establishments, accommodation establishments in industrial parks and other establishments that fail to notify the stay of 09 or more people.
- Additional sanctions:
Confiscation of material evidences and means of administrative violations, for violations specified at Points a and h, Clause 2; Points a, b and c, Clause 4 of this Article.
- Remedial measures:
Forcible return of illegal profits obtained from the commission of violations specified at Points b and g, Clause 2; Point a, Clause 3 of this Article.
Article 11. Violations against regulations on issuance, management and use of citizen identity cards, identity cards, electronic identity cards or identity certificates
- A caution or a fine of between VND 500,000 and VND 1,000,000 shall be imposed for one of the following acts:
- a) Failing to produce citizen identity cards, identity cards, electronic identity cards or identity certificates at the request of competent agencies or persons;
- b) Failing to comply with the provisions of law on issuance, renewal and re-issuance of identity cards, identity certificates and electronic identification, except for the case specified in Clause 3 of this Article;
- c) Failing to submit citizen identity cards, identity cards or identity certificates to agencies executing temporary detention or custody orders, agencies executing imprisonment sentences, agencies executing decisions on sending them to reformatories, compulsory education institutions or compulsory detoxification establishments as prescribed by law; failing to submit citizen identity cards, identity cards and identity certificates to identity management agencies in case of issuance of replacement of identity cards or identity certificates or cancellation or re-establishment of personal identification numbers.
- A fine of between VND 2,000,000 and VND 4,000,000 shall be imposed for one of the following acts:
- a) Illegally appropriating or using citizen identity cards, identity cards, electronic identity cards, identity certificates, certificates of canceled personal identification numbers with re-established personal identification numbers of other persons;
- b) Erasing, modifying or falsifying the contents of citizen identity cards, identity cards, identity certificates, certificates of canceled personal identification numbers with re-established personal identification numbers;
- c) Destroying or intentionally damaging citizen identity cards, identity cards, identity certificates, certificates of canceled personal identification numbers with re-established personal identification numbers;
- d) Failing to return the citizen’s identity card or identity card to a competent agency upon renunciation, deprivation of nationality or annulment of the decision on granting Vietnamese nationality; failing to return the identity certificate when the person of Vietnamese origin has not yet determined the nationality to be naturalized in Vietnam or certified to have Vietnamese nationality or to be determined to have foreign nationality.
- A fine of between VND 4,000,000 and VND 8,000,000 shall be imposed for one of the following acts:
- a) Forging data, using fake data to be granted identity cards, electronic identity cards, identity certificates, certificates of canceled personal identification numbers with re-established personal identification numbers;
- b) Providing false information and documents to be granted identity cards, electronic identity cards, identity certificates, certificates of canceled personal identification numbers with re-established personal identification numbers.
- A fine of between VND 8,000,000 and VND 10,000,000 shall be imposed for one of the following acts:
- a) Using fake citizen identity cards, fake identity cards, fake electronic identity cards, fake identity certificates, certificates of canceled personal identification numbers with fake re-established personal identification numbers; using citizen identity cards or expired identity cards to commit illegal acts;
- b) Pledging or pledging citizen identity cards, identity cards, identity certificates or certificates of canceled personal identification numbers with re-established personal identification numbers;
- c) Renting or leasing citizen identity cards, identity cards, identity certificates or certificates of canceled personal identification numbers with re-established personal identification numbers.
- Additional sanctions:
Confiscation of material evidences and means of administrative violations, for violations specified at Points b and c, Clause 2, Clause 3 and Clause 4 of this Article.
- Remedial measures:
- a) Forcible return of citizen identity cards, identity cards, identity certificates, certificates of canceled personal identification numbers and re-established personal identification numbers, for the violations specified at Point c, Clause 1, Points a and d, Clause 2 of this Article;
- b) Forcible return of illegal profits obtained from the commission of violations specified at Points b and c, Clause 4 of this Article.
Article 12. Violations against regulations on management and use of weapons, explosives, explosives precursors and combat gears
- A fine of between VND 2,000,000 and VND 4,000,000 shall be imposed for one of the following acts:
- a) Failing to comply with or insufficiently complying with regulations on periodic inspection of weapons and combat gears;
- b) Failing to fully declare and register weapons and combat gears equipped and used with competent agencies;
- c) Storing weapons, military explosives and combat gears in contravention of regulations;
- d) Failing to make periodic reports on the situation and results of the management and use of weapons, military explosives and combat gears as prescribed.
- A fine of between VND 4,000,000 and VND 10,000,000 shall be imposed for one of the following acts:
- a) Loss of licenses to use weapons and combat gears;
- b) Failing to produce or hand over licenses, certificates or certificates on weapons, explosives, explosives precursors and combat gears as prescribed by law;
- c) Circulating licenses, certificates and certificates on the management and use of weapons, military explosives and combat gears that are no longer valid;
- d) Assigning weapons, military explosives and combat gears to agencies, organizations and individuals for management and use to improper subjects or failing to meet the conditions prescribed by law;
- dd) Assign persons who do not meet the conditions prescribed by law to manage warehouses and places where weapons, military explosives and combat gears are stored;
- e) Failing to arrange warehouses and places for storing weapons, military explosives and combat gears as prescribed by law;
- g) Carrying weapons and combat gears without a license or certificate of use;
- h) Illegally buying, selling, exchanging, donating, giving, sending, borrowing, lending, renting, leasing, searching, collecting, or pledging or appropriating scraps, discarded weapons, military explosives and combat gears;
- i) Manufacturing, producing, purchasing, selling, equipping, exporting, importing, transporting and repairing weapons, military explosives and combat gears with a license but failing to comply with the contents of the license.
- A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for one of the following acts:
- a) Destroying or deliberately damaging weapons, military explosives and combat gears assigned;
- b) Appropriating, buying, selling, exchanging, donating, giving, borrowing, lending, leasing, leasing or pledging licenses, certificates and certificates of weapons, military explosives and combat gears;
- c) Concealing, failing to denounce or assisting others in manufacturing, producing, buying, selling, exporting, importing, storing, transporting, repairing, converting, illegally using or destroying weapons, military explosives and combat gears;
- d) Transporting or destroying weapons, military explosives and combat gears that fail to ensure safety or affect the environment;
- dd) Failing to test, inspect, assess, certify and register weapons and combat gears in accordance with the law on quality management of products and goods before they are allowed to be produced, traded and used in Vietnam;
- e) Deliberately providing false information on the management of weapons, military explosives and combat gears; failing to report, conceal or falsify information reported on losses, losses, accidents and incidents related to weapons, military explosives and combat gears;
- g) Loss of equipped combat gears;
- h) Transporting weapons, military explosives and combat gears that are equipped or traded without a license issued by a competent agency;
- i) Failing to comply with the inspection or obstructing the inspection of weapons, military explosives and combat gears at the request of competent persons;
- k) Failing to hand over weapons, explosives and combat gears as prescribed by law but not serious enough to be examined for penal liability;
- l) Selling explosives precursors to the buyer when the buyer has not been granted the Certificate of eligibility for security and order, the Certificate of eligibility for production of industrial explosives, the License to trade in explosives precursors or without the written approval of a competent state agency.
- A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for one of the following acts:
- a) Illegally searching for and collecting weapons, explosives and combat gears or sawing, cutting, chiseling or performing other operations to illegally remove military weapons;
- b) Loss of equipped military weapons or sporting weapons;
- c) Illegally instructing, training or organizing training on how to manufacture, manufacture, repair, assemble and use weapons, explosives and combat gears or illegally advertise weapons, explosives and combat gears in any form;
- d) Using weapons, explosives and combat gears in contravention of regulations but not causing consequences;
- dd) Illegally exchanging, donating, giving, receiving, aiding, sending, borrowing, lending, renting or leasing weapons, explosives, explosives precursors, combat gears or pledging weapons, explosives, explosives precursors or combat gears;
- e) Erasing, modifying or falsifying the contents of licenses, certificates and certificates on weapons, military explosives and combat gears.
- A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for one of the following acts:
- a) Illegally manufacturing, storing, transporting, using, buying, selling or appropriating sporting weapons, rudimentary weapons or combat gears but not serious enough to be examined for penal liability or illegally producing, exporting, importing, repairing or converting sporting weapons or rudimentary weapons, supporting tools;
- b) Manufacturing, storing, transporting, using, buying, selling or appropriating hunting guns but not serious enough to be examined for penal liability or producing, exporting, importing, repairing or converting hunting guns;
- c) Manufacturing, producing, purchasing, selling, exporting, importing, storing, transporting, repairing, converting, illegally using or appropriating military weapons and explosives without being examined for penal liability;
- d) Illegally transporting or bringing weapons, explosives, explosives precursors and combat gears into or out of the territory of the Socialist Republic of Vietnam or bringing them into prohibited places, prohibited areas, protected areas, protection targets and public places without being examined for penal liability;
- dd) Taking advantage of or abusing the management and use of weapons, explosives, explosives precursors and combat gears to infringe upon national security, social order and safety, human life, health, property, legitimate rights and interests of agencies, organizations and individuals;
- e) Taking advantage of or abusing the performance of the task of preventing and combating violations of law related to weapons, explosives and combat gears to corrupt, infringe upon the interests of the State, infringe upon lawful rights and interests or obstruct the normal operation of organizations and individuals.
- Acts of administrative violation in the field of management and use of industrial explosives and explosives precursors not yet specified in this Decree shall be handled and sanctioned according to the provisions of the Government’s Decree on sanctioning of administrative violations in the field of chemicals, industrial explosives and relevant legal documents.
- Additional sanctions:
- a) Confiscate material evidences and means used in administrative violations, for violations specified at Points b and h, Clause 2; Points b, dd, k and l, Clause 3; Points a, c, d and dd, Clause 4; Points a, b, c, d and dd, Clause 5 of this Article;
- b) Deprivation of the right to use licenses, certificates and certificates of weapons and combat gears from 03 months to 12 months, for the violations specified at Point i, Clause 2; Point d, Clause 3; Point d, Clause 4; Point dd, Clause 5 of this Article.
- Remedial measures:
- a) Forcible application of measures to remedy environmental pollution, for violations specified at Point d, Clause 3 of this Article;
- b) Forcible return of illegal profits obtained from the commission of the violations specified at Point h, Clause 2; Points b, dd and l, Clause 3; Points a, c and dd, Clause 4; Points a, b, c, d and dd, Clause 5 of this Article;
- c) Forcible return of licenses, certificates and certificates of weapons, military explosives and combat gears, for the violations specified at Point c, Clause 2, Points a, d and g, Clause 3; Points b and e, Clause 4 of this Article.
Article 13. Violations against regulations on management and use of firecrackers
- A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for one of the following acts:
- a) Failing to make periodic reports on the situation and results of the management and use of firecrackers as prescribed;
- b) Using fireworks in contravention of law.
- A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for handing over fireworks or pyrotechnics to agencies, organizations or individuals that do not meet the conditions as prescribed by law.
- A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for one of the following acts:
- a) Appropriating, buying, selling, exchanging, donating, giving, borrowing, lending, leasing, leasing or pledging fireworks licenses;
- b) Deliberately providing false information in the management and preservation of firecrackers and gunpowder or failing to report, conceal or falsify information about the loss, loss, accident or incident of firecrackers and gunpowder;
- c) Transporting, preserving or destroying firecrackers without ensuring safety or affecting the environment;
- d) Failing to test, inspect, evaluate and register firecrackers in accordance with the law on product quality management before being permitted to manufacture, trade and use in Vietnam;
- dd) Erasing, modifying or falsifying the contents of firecracker licenses.
- A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed for one of the following acts:
- a) Illegally guiding, training and organizing training on how to manufacture, manufacture and use firecrackers;
- b) Taking advantage of or abusing the use of firecrackers to infringe upon national security, social order and safety, life, health, property, legitimate rights and interests of agencies, organizations and individuals;
- c) Illegally bringing fireworks or gunpowder into or out of the territory of the Socialist Republic of Vietnam or into prohibited places, prohibited areas, protected areas and protection objectives;
- d) Exchanging or giving, donating, sending, borrowing, lending, renting, leasing or pledging explosive fireworks or gunpowder for the illegal production of firecrackers;
- dd) Illegally using or appropriating firecrackers, explosive fireworks or gunpowder;
- e) Delivering explosive fireworks or explosives to agencies, organizations and individuals that do not meet the conditions prescribed by law.
- Acts of illegally manufacturing, producing, purchasing, selling, importing, exporting, storing or transporting fireworks or gunpowder shall be subject to the following fines:
- a) A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed for the quantity of less than 05 kg of fireworks or less than 0.5 kg of gunpowder;
- b) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for possessing between 05 kg and less than 10 kg of fireworks or between 0.5 kg and less than 01 kg of gunpowder;
- c) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for possessing between 10 kg and less than 20 kg of fireworks or between 01 kg and less than 02 kg of gunpowder;
- d) A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for possessing between 20 kg and less than 40 kg of fireworks or between 02 kg and less than 05 kg of gunpowder;
- dd) A fine ranging from VND 30,000,000 to VND 35,000,000 shall be imposed for possessing between 40 kg and less than 50 kg of fireworks or between 05 kg and less than 10 kg of gunpowder;
- e) A fine ranging from VND 35,000,000 to VND 40,000,000 shall be imposed if the quantity of fireworks is 50 kg or more or 10 kg of gunpowder or more.
- Acts of administrative violation on illegal production, purchase, sale, import, export, storage and transportation of firecrackers and explosives but not serious enough to be examined for penal liability shall be handled and sanctioned according to the Government’s Decree on sanctioning of administrative violations in commercial activities. production and trading of counterfeit goods, prohibited goods and protection of consumer rights and relevant legal documents.
- Additional sanctions:
- a) Confiscate material evidences and means used in administrative violations, for violations specified at Point b, Clause 1; Clause 2; Points a and d, Clause 3; Clause 4; Clause 5 of this Article;
- b) Deprivation of the right to use firecracker licenses for between 03 and 12 months, for the violations specified at Points c and d, Clause 3 of this Article.
- Remedial measures:
- a) Forcible application of measures to remedy environmental pollution, for the violations specified at Point c, Clause 3 of this Article;
- b) Forcible return of illegal profits obtained from the commission of violations specified at Point a, Clause 3; Points a, c and d, Clause 4; Clause 5 of this Article;
- c) Forcible return of firecracker licenses, for violations specified at Point dd, Clause 3 of this Article.
Article 14. Violations against regulations on measures to ensure safety in production, trading, export, import, transportation and use of knives with high lethality
- A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for one of the following acts:
- a) Failing to notify the nearest police office of the loss or misplacement of highly lethal knives in the course of production, trading, export, import or transportation;
- b) Carrying highly lethal knives into public places without wrapping them or storing and preserving them strictly and safely;
- c) Using knives with high lethality in labor, production and daily life but failing to take measures to manage and preserve them for others to take advantage of and use for illegal purposes.
- A fine of between VND 2,000,000 and VND 4,000,000 shall be imposed for one of the following acts:
- a) Failing to strictly manage and ensure safety, fire prevention and fighting and environmental protection in the process of producing knives with high lethality; failing to wrap, pack or box knife products with high lethality;
- b) Failing to take measures to ensure safety in the course of trading, exporting, importing or transporting knives with high lethality;
- c) Producing, trading, exporting or importing knives with high lethality of unknown origin, without affixing the name of the manufacturer or marks and symbols on products;
- d) Failing to provide information on the quantity and type of products, brands and names of establishments producing highly lethal knives at the request of competent police agencies as prescribed by law.
- Remedial measures:
Forcible implementation of measures to ensure safety in the process of production, trading, export, import and transportation of knives with high lethality, for the violations specified at Points a and b, Clause 2 of this Article.
Article 15. Violations against regulations on management of business lines subject to conditional business lines on security and order
- A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed for one of the following acts:
- a) Making quarterly reports on the situation and results of implementation of regulations on security and order in an untimely, untruthful or incomplete manner as prescribed by the Ministry of Public Security;
- b) Making management books, storing data and business activities incorrectly or inadequately as prescribed by the Ministry of Public Security;
- c) Within 05 days from the date of business operation, there is no written notice enclosed with a copy of the Certificate of eligibility for security and order to be sent to the commune-level Police Office of the locality where the business establishment operates;
- d) Exceeding 10 days from the date of suspension of operation, there is no written notice to the police office that has issued the certificate of eligibility for security and order and the commune-level police office where the establishment operates;
- dd) Exceeding 03 working days from the date of detecting the loss of the Certificate of eligibility for security and order but failing to notify in writing the police agency that has issued the certificate of eligibility for security and order;
- e) Within 05 days from the date of implementation of the protection objectives in provinces and centrally-run cities, outside the scope of the security service establishments where the security service providers are headquartered, the security service providers fail to send a written notice enclosed with relevant documents to the commune-level Police of the locality where the protection objectives are deployed;
- g) Failing to promulgate or publicly posting the process and procedures for receiving seal production dossiers and seal engraving prices at seal manufacturing establishments;
- h) Failing to produce the original Certificate of eligibility for security and order at the request of a competent agency or person for establishments that have been granted a copy of the Certificate of eligibility for security and order before.
- A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following acts:
- a) Failing to make quarterly reports on the situation and results of implementation of regulations on security and order to the police agencies that have issued certificates of eligibility for security and order;
- b) Failing to make irregular reports on security- and order-related incidents occurring at business establishments to the police agencies that have issued the certificates of eligibility for security and order and the commune-level police offices of the localities where the business establishments operate;
- c) Failing to make a business operation management book suitable to the type of business line investment as prescribed by law;
- d) Failing to formulate a plan to ensure security and order for industries and trades as prescribed by law that must have a plan to ensure security and order;
- dd) Failing to arrange warehouses for preservation of raw materials, goods and business products or arranging warehouses but failing to meet the requirements as prescribed by law;
- e) Employing employees who do not fully meet the conditions and standards prescribed in the field of state management of security and order to work in business establishments subject to security and order conditions, except for the case specified at Point t, Clause 3 of this Article;
- g) Failing to comply with or failing to fully maintain the regulations on responsibility for ensuring security and order when conducting activities of conditional business lines;
- h) Failing to keep copies of identity papers of the person who brought the property to pledge as prescribed by law;
- i) Providing services of using paint guns to customers under 18 years of age;
- k) Failing to arrange medical staff on duty at the location of the service supply using paint guns to handle incidents occurring during the provision of this service;
- l) Failing to check and archive copies of identity papers of customers who come to perform plastic surgery as prescribed by law;
- m) Exceeding 03 working days from the date of change of the person in charge of security and order of the business establishment without notifying in writing the police agency that has issued the Certificate of eligibility for security and order;
- n) Failing to notify in writing to the competent police agency at least 06 days before blasting.
- A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following acts:
- a) Failing to properly and fully maintain security and order conditions in the course of business activities;
- b) Providing information in documents that are not true to the truth to apply for the Certificate of eligibility for security and order;
- c) Forging dossiers and documents to apply for the Certificate of eligibility for security and order;
- d) Erasing, modifying or falsifying the contents of the certificate of eligibility for security and order or the certificate of security operations;
- dd) Lending, leasing, buying or selling certificates of eligibility for security and order;
- e) Conducting business at the wrong location stated in the Certificate of eligibility for security and order;
- g) Directly handing over the seal to the customer without transferring the seal to the competent police office for registration in accordance with law;
- h) Supply the design of the seal sample of the agency or organization to the incompetent persons;
- i) Receiving the pledge of assets but not having a pledge contract as prescribed by law, except for the case specified at Point l of this Clause;
- k) Accepting the pledge of assets without keeping them or insufficiently retaining the original of the certificate of ownership of the pledged assets at the business establishment during the period of pledging the assets for assets that require a certificate of ownership of such assets as prescribed by law or failing to keep the pledged assets, unless there is an agreement as prescribed by law;
- l) Accepting the pledge of property owned by another person without a valid power of attorney from that person to the person who brings the property to pledge, except for the case specified at Point i of this Clause;
- m) Selling or supplying signaling equipment of priority vehicles to persons who do not have a license to use the above type of equipment or have a license to use it but not in accordance with the contents stated in the license of a competent agency as prescribed by law;
- n) Manufacturing, importing, purchasing and selling signaling equipment of priority vehicles in excess of sound and light standards for horns and lights as prescribed by law;
- o) Employing foreigners or overseas Vietnamese as persons in charge of security and order of security service establishments or directly administering business activities or working as security service staff;
- p) Failing to equip or improperly equipping security service personnel with uniforms and signboards as prescribed by law;
- q) Providing security services without signing contracts with individuals or organizations hiring security services;
- r) Selling or supplying devices that cause jamming or disrupting mobile communications to agencies, organizations or individuals that have not been licensed or agreed in writing by competent agencies;
- s) Employing insufficient or failing to use security guards who are employees of security service establishments in the business of discotheques or prize-winning electronic games for foreigners or casinos as prescribed by law;
- t) Employing security service personnel who have not been granted security professional certificates;
- u) Failing to carry out procedures for renewal of the Certificate of eligibility for security and order when there is a change in the information content stated in the Certificate of eligibility for security and order;
- v) Failing to fully implement the process of checking and storing information of guests and visitors as prescribed by law.
- A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for one of the following acts:
- a) Conducting business lines subject to security and order conditions when they have not yet been granted or revoked or are being deprived of the right to use the Certificate of eligibility for security and order or the expiration of the validity period of the Certificate of eligibility for security or order, order, except for the case specified at Point dd of this Clause;
- b) Failing to take responsibility in the implementation of regulations on security and order conditions for a number of conditional business lines so that acts of infringing upon security and order, acts of violating law, acts contrary to ethics and fine customs of the nation at the business establishments under their direct management, except for the cases specified at Point h, Clause 5, Article 30, Clause 1, Article 35 and Point dd, Clause 3, Article 36 of this Decree;
- c) Producing seals of state agencies, organizations or titles without the seal sample transfer slip of the seal sample registration agency as prescribed by law;
- d) Providing pawn services, lending money with pledge of assets or not pledging assets but the lending interest rate exceeds the interest rate prescribed by the Civil Code but not serious enough to be examined for penal liability;
- dd) Failing to register business lines subject to security and order conditions but lending money with pledged assets or not pledging assets but the lending interest rate exceeds the interest rate prescribed by the Civil Code but not serious enough to be examined for penal liability;
- e) Failing to preserve the pledged property or preserving the pledged property at the wrong place registered with the competent authority;
- g) Providing protection services for objects, targets or illegal activities;
- h) Failing to fully record customer information in the management book according to the prescribed form and failing to keep copies of identity papers of service participants when doing casino business or trading in prize-winning electronic games for foreigners;
- i) Buying, selling or importing goods and products of military equipment or military equipment but failing to keep sufficient dossiers and documents as prescribed by law;
- k) Selling or supplying military equipment or military equipment products to entities that have not been licensed or agreed in writing by competent agencies;
- l) Failing to have a warehouse for preservation of pledged assets or a warehouse for preservation of pledged assets at the address registered with the competent authority;
- m) Failing to comply with the inspection or obstructing the inspection of business establishments subject to security and order conditions at the request of competent agencies or persons.
- A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed for one of the following acts:
- a) Taking advantage of business lines subject to security and order conditions to commit acts of infringing upon security and order or acts contrary to ethics, fine customs and customs of the nation;
- b) Accepting the pledge of property due to theft, fraud, appropriation or other persons committing crimes;
- c) Providing security services using force or threatening to use force for the purpose of threatening, obstructing or causing difficulties to the normal operation of agencies, organizations or individuals or infringing upon the legitimate rights and interests of agencies, organizations or individuals;
- d) Using force, threatening to use force or using other measures not permitted by law to collect debts;
- dd) Using fake certificates of satisfaction of security and order conditions or fake certificates of security operations.
- Acts of administrative violations on management of business lines subject to security and order conditions for the employment of minor laborers shall be handled and sanctioned in accordance with the Government’s Decree on sanctioning of administrative violations in the field of labor. social insurance, Vietnamese workers working abroad under contracts and relevant legal documents.
- Additional sanctions:
- a) Deprivation of the right to use licenses, practice certificates, certificates of satisfaction of security and order conditions for a period of between 03 and 06 months, for violations specified at Points e, h and q, Clause 3; Points c and m, Clause 4 of this Article, except for cases where there are legal provisions on the revocation of licenses, practice certificates, certificates of eligibility for security and order;
- b) Deprivation of the right to use licenses, practice certificates, certificates of satisfaction of security and order conditions for a period of between 06 and 09 months, for the violations specified at Points d, e and g, Clause 4; Points a, b, c and dd, Clause 5 of this Article, except for cases where there are legal provisions on the revocation of licenses, practice certificates, certificates of eligibility for security and order;
- c) Confiscation of material evidences and means used in administrative violations, for violations specified at Points b, c, h, m, n and r, Clause 3; Points c and k, Clause 4 and Points b and dd, Clause 5 of this Article;
- d) Based on the nature, severity and consequences of violations, violators and extenuating circumstances and aggravating circumstances, decide to apply the sanctioning form of expulsion to foreigners who commit acts of administrative violation specified at Points a, c and d, Clause 5 of this Article.
- Remedial measures:
- a) Forcible return of illegal profits obtained from the commission of the violations specified at Point i, Clause 2; Points dd, i, k, l, m, n and r, Clause 3; Points a, d, dd and k, Clause 4 and Point b, Clause 5 of this Article;
- b) Forcible return of the Certificate of eligibility for security and order, certificate of security operations, for the violations specified at Point d, Clause 3 of this Article.
Article 16. Violations against regulations on management and use of seals
- A fine of between VND 500,000 and VND 1,000,000 shall be imposed for one of the following acts:
- a) Within 02 working days from the date of detection of the loss of the certificate of seal sample registration, the state agency, organization or title fails to re-issue the certificate of seal sample registration;
- b) Failing to carry out procedures for renewal of the certificate of registration of seal samples and returning the previously issued certificate of registration of seal samples to the seal sample registration agency when the certificate of registration of seal samples is damaged;
- c) Failing to notify seal samples to relevant agencies and organizations before use;
- d) Failing to promulgate internal regulations on management and use of seals of their agencies and organizations;
- dd) Failing to send a decision to the agency that has issued the seal sample registration certificate when issuing a decision on division, separation, merger, consolidation, dissolution, termination of operation, termination of tasks or decision on change of organization, name change or decision on revocation of operation registration certificate, operation licenses or decisions on temporary suspension or suspension of operation to revoke seals as prescribed.
- A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed for one of the following acts:
- a) Arbitrarily taking the seal out of the head office of an agency or organization without permission of the state title or head of the agency or organization;
- b) Failing to re-register the seal sample as prescribed by law or there is a change related to the seal sample specified in the legal document;
- c) Failing to comply with the seal inspection, failing to produce the seal and seal sample registration certificate at the request of the seal sample registration agency;
- d) If the seal is lost within 02 working days from the date of detection of the loss of the seal, the state agency, organization or title fails to notify in writing the agency that has previously issued the seal sample registration certificate and the commune-level police office where the seal loss occurs;
- dd) Using a deformed, worn or damaged seal.
- A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following acts:
- a) Failing to hand over the seal or seal sample registration certificate under the decision of the competent authority or the notice of the seal sample registration agency;
- b) Affixing a seal to a document or paper that has not yet been signed by a competent person or signed by an incompetent person;
- c) Borrowing, lending, leasing, leasing, pledging, receiving pledges, mortgages or using seals of other agencies or organizations for operation;
- d) Using expired seals;
- dd) Deliberately distorting or modifying the contents of the registered seal;
- e) Using seals for which seal samples have not been registered;
- g) Failing to return the seal and the seal sample registration certificate when there is an effective decision of a competent authority on the division, separation, merger, consolidation, termination of operation, termination of tasks or revocation of the establishment and operation license or operation registration certificate, operation licenses or temporary suspension or suspension of operation or lost seals found after the use of seals have been canceled;
- h) Erasing, modifying or falsifying the contents of the seal sample registration certificate.
- A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following acts:
- a) Forging dossiers to make additional seals of state agencies, organizations or titles;
- b) Using fake seals;
- c) Illegally appropriating or trading in seals;
- d) Illegally destroying seals.
- Additional sanctions:
- a) Confiscate material evidences and means used in administrative violations, for acts of violation specified at Points c and e, Clause 3; Points a and b, Clause 4 of this Article;
- b) Based on the nature, severity and consequences of violations, violators and extenuating circumstances and aggravating circumstances, decide on the application of expulsion sanctions to foreigners who commit acts of administrative violation specified in Clause 4 of this Article.
- Remedial measures:
- a) Forcible return of seals and seal sample registration certificates, for violations specified at Points b and dd, Clause 2; Points a, d, dd and g, Clause 3; Point c, Clause 4 of this Article;
- b) Forcible cancellation of documents and papers stamped in contravention of regulations, for the violations specified at Point b, Clause 3 of this Article;
- c) Forcible return of illegal profits obtained from the commission of violations specified at Point c, Clause 3 and Point c, Clause 4 of this Article;
- d) Forcible return of the certificate of seal sample registration, for the violations specified at Point h, Clause 3 of this Article.
Article 17. Violations against regulations on enforcement of criminal judgments and enforcement of administrative-handling measures
- A caution or a fine of between VND 500,000 and VND 1,000,000 shall be imposed for one of the following acts:
- a) Failing to perform the obligations of persons subject to administrative handling measures of education in communes, wards or special zones; persons granted special amnesty; persons who have completely served their imprisonment sentences in accordance with law;
- b) Violations against regulations on observance of administrative handling measures for education in communes, wards or special zones; sent to reformatory schools; sending them to compulsory education institutions; sent to compulsory detoxification establishments.
- A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for one of the following acts:
- a) Violating regulations on compliance with preventive measures and coercive measures: Detaining persons in case of emergency, arresting, temporarily detaining, temporarily detaining, guaranteeing, prohibiting them from leaving their places of residence, depositing money as security, suspending exit, escorting, escorting, distraining property, etc blocking accounts or committing acts of violating other preventive measures or coercive measures as prescribed by law;
- b) Violating regulations on the observance of temporary detention or custody measures; violating regulations on the observance of fines, confiscation of assets and expulsion.
- A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed for one of the following acts:
- a) The person entitled to the postponement of the imprisonment sentence fails to be present at the request of the criminal judgment enforcement agency or the commune-level People’s Committee;
- b) Persons who are temporarily suspended from serving their imprisonment sentences fail to comply with the handover of prisons, detention camps or criminal judgment enforcement agencies to commune-level People’s Committees;
- c) The person who is temporarily suspended from serving the imprisonment sentence fails to comply with the report at the request of the commune-level People’s Committee;
- d) The person entitled to a suspended sentence is not present at the summons of the judgment enforcement agency or the commune-level People’s Committee;
- dd) The person entitled to a suspended sentence fails to commit to the execution of the judgment;
- e) The person entitled to the suspended sentence is not present at the review meeting; failing to report on the execution of judgments;
- g) The person serving the non-custodial reform sentence fails to be present at the summons of the judgment enforcement agency or the commune-level People’s Committee;
- h) The person serving the sentence of non-custodial reform fails to commit to the execution of the judgment;
- i) The person serving the sentence of non-custodial reform fails to report on the execution of the judgment;
- k) The person serving the non-custodial reform sentence is not present at the review meeting;
- l) The person serving the non-custodial reform sentence fails to fulfill the obligation to pay the deducted income;
- m) The person serving the sentence of non-custodial reform fails to perform a number of labor jobs in service of the community under the decision of the criminal judgment enforcement agency;
- n) The person serving the probation sentence fails to perform the obligations of the judgment servant as prescribed by law;
- o) The person serving the probation sentence fails to be present at the request of the criminal judgment enforcement agency or the commune-level People’s Committee where the probation is placed without plausible reasons;
- p) The person serving the probation sentence fails to commit to the execution of the judgment;
- q) The person serving the probation sentence fails to present and report to the commune-level People’s Committee as prescribed by law;
- r) The person serving the residence ban penalty is not present at the request of the commune-level People’s Committee;
- s) The person serving the residence ban sentence fails to commit to the execution of the judgment;
- t) The person who is released from prison before the conditional time limit fails to report to the commune-level People’s Committee his or her place of residence after being released from prison before the conditional time limit;
- u) Persons who are released from prison before the conditional time limit do not commit to fulfill their obligations;
- v) Persons who are released from prison before the conditional time limit fail to be present at the request of criminal judgment enforcement agencies or commune-level People’s Committees;
- x) The person who is released from prison before the conditional time limit is not present at the review meeting;
- y) The person who is released from prison before the conditional time limit fails to make a report as prescribed by law.
- A fine of between VND 3,000,000 and VND 4,000,000 shall be imposed for one of the following acts:
- a) Persons entitled to postponement of imprisonment sentences leave their places of residence without the consent of commune-level People’s Committees or commune-level police offices;
- b) The person entitled to the postponement of the imprisonment sentence fails to appear at the criminal judgment enforcement agency after the expiration of the postponement period or at the request of a competent agency;
- c) The person who is suspended from serving the imprisonment sentence fails to be present at the place where the judgment is served before the suspension or the criminal judgment enforcement agency where he or she resides after the expiration of the suspension period or at the request of a competent agency;
- d) The person sentenced to imprisonment who is on bail has a judgment enforcement decision but is not present at the judgment enforcement agency within the prescribed time limit;
- dd) The person entitled to a suspended sentence leaves his/her place of residence without permission or without the consent of the commune-level People’s Committee or is absent from his/her place of residence beyond the permitted time limit;
- e) The person entitled to a suspended sentence changes his/her place of residence without the consent of a competent agency;
- g) The person serving the probation sentence leaves the place of probation without the consent of the competent person or leaves the place of probation beyond the permitted time limit without plausible reasons;
- h) The person who is released from prison before the conditional time limit fails to comply with the management of the commune-level People’s Committee;
- i) Persons who are released from prison before the conditional time limit leave their places of residence without permission or without the consent of the commune-level People’s Committee; being absent from the place of residence beyond the permitted time limit;
- k) Persons who are released from prison before the conditional time limit change their place of residence without the consent of competent agencies;
- l) The person serving the residence ban penalty comes to reside in the place where the residence has been banned without permission or beyond the permitted time limit;
- m) The person serving the non-custodial reform sentence leaves the place of residence without permission or without the consent of the commune-level People’s Committee or is absent from the place of residence beyond the permitted time limit;
- n) The person serving the sentence of non-custodial reform changes his/her place of residence without the consent of the competent agency;
- o) The judgment servant deprives a number of civil rights and commits acts of exercising the rights prohibited under the judgment;
- p) The sentence servant is banned from holding certain posts, practicing certain professions or doing certain jobs and fails to perform the obligations of the judgment servant as prescribed by law;
- q) Persons who are released from prison before the conditional time limit fail to perform their obligations during the probationary period.
Article 18. Violations against regulations on causing damage to property of other organizations and individuals
- A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed for one of the following acts:
- a) Stealing property but not serious enough to be examined for penal liability or trespassing into residential areas, warehouses or other places under the management of other persons for the purpose of stealing or appropriating property;
- b) Publicly appropriating property but not to the extent of being examined for penal liability;
- c) Using deceitful tricks or fleeing to appropriate property or by the time of returning property due to borrowing, borrowing or renting property of another person or receiving property of another person in the form of a contract, despite having conditions and capability, deliberately failing to pay but not serious enough to be examined for penal liability;
- d) Failing to return property to another person due to borrowing, borrowing or renting property of another person or receiving property of another person in the form of a contract but using such property for illegal purposes, resulting in the inability to return the property;
- dd) Lack of responsibility, causing damage to property of the State, agencies, organizations or enterprises but not serious enough to be examined for penal liability;
- e) Organizing, hiring, assisting, inciting, enticing, enticing, inciting others to steal or appropriate other people’s property but not serious enough to be examined for penal liability;
- g) Storing or concealing in persons, objects or means of transport tools and means for the purpose of theft or appropriation of property.
- A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following acts:
- a) Destroying or intentionally damaging property of another individual or organization or property co-owned by oneself or another individual or organization but not serious enough to be examined for penal liability, except for the cases specified at Point a, Clause 3, Article 26, Point b, Clause 1, Article 44. Point b, Clause 2, Article 46 of this Decree;
- b) Using tricks or creating circumstances to force others to give money or property in contravention of law;
- c) Fraudulently appropriating property but not serious enough to be examined for penal liability or fraudulently or fraudulently in brokering or guiding the introduction of services for purchase and sale of houses, land or other assets;
- d) Buying, selling, storing or using property of another person knowing that such property is in violation of law;
- dd) Illegally occupying another person’s property but not serious enough to be examined for penal liability or illegally using, buying, selling, mortgaging or pledging another person’s property;
- e) Expropriating property but not being examined for penal liability.
- Additional sanctions:
- a) Confiscation of material evidences and means used in administrative violations, for violations specified at Points a, c and g, Clause 1; Points a, b and c, Clause 2 of this Article;
- b) Based on the nature, severity and consequences of violations, violators and extenuating circumstances and aggravating circumstances, decide to apply the sanction of expulsion to foreigners who commit acts of administrative violation specified in Clause 2 of this Article.
- Remedial measures:
- a) Forcible return of illegal profits obtained from the commission of violations specified at Points c, d and dd, Clause 2 of this Article;
- b) Forcible return of property illegally occupied or forcible return of an amount equal to the value of property obtained from illegal occupation which has been consumed, dispersed or destroyed in contravention of law to the lawful owner, for the violations specified at Points a, b and c, Clause 1; Points b, dd and e, Clause 2 of this Article;
- c) Forcible restoration of the original state, for the violations specified at Point a, Clause 2 of this Article, except for cases where the property cannot be restored to its original state.
Article 19. Violations against regulations on surnames, surnames, wards
- A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for one of the following acts:
- a) Failing to notify members of the new place of residence in case of change;
- b) Failing to fully notify the number of family lines, families, wards (hereinafter referred to as family lines for short), family sections, family opening periods or the number of members of each family line in which they are the family members to the person who wishes to join the family line;
- c) Failing to make a record of agreement on family lines or making a record without the principal contents as prescribed by law;
- d) Failing to make a family book;
- dd) Failing to assign family members to family members at each family opening period;
- e) Failing to allow members to view and photocopy family books and provide information related to family lines upon request;
- g) Failing to hand over receipts to members when contributing to their surnames, receiving surnames, receiving interests, paying interest or performing other related transactions.
- A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following acts:
- a) Failing to notify in writing the commune-level People’s Committee of the place of residence of the organization of the family line with the value of family parts at a family opening period of VND 100,000,000 or more;
- b) Failing to notify in writing the commune-level People’s Committee of the place of residence of the organization of two or more family lines.
- A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for one of the following acts:
- a) Taking advantage of the organization of heavy interest loans where the lending interest rate exceeds the interest rate prescribed by the Civil Code;
- b) Organizing them to illegally raise capital.
- Remedial measures:
Forcible return of illegal profits obtained from the commission of violations specified in Clause 3 of this Article.
Article 20. Violations against regulations on protection of public works, security and order works
- A fine of between VND 500,000 and VND 1,000,000 shall be imposed for acts of arbitrarily moving signboards, signboards and signboards of agencies and organizations.
- A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for one of the following acts:
- a) Arbitrarily moving or dismantling telephone poles, telegrams, light poles, fences of state agencies or other public works;
- b) Dismantling, destroying or doing anything else that causes damage to signboards, signboards and signboards of agencies or organizations;
- c) Destroying or damaging property and objects at targets or target protection watchtowers; climbing or performing other acts impacting the target’s gate, door, fence or guard tower to protect the target without permission.
- Additional sanctions:
- a) Confiscate material evidences and means used in administrative violations, for violations specified in Clauses 1 and 2 of this Article;
- b) Based on the nature, severity and consequences of violations, violators and extenuating circumstances and aggravating circumstances, decide to apply the sanction of expulsion to foreigners who commit acts of administrative violation specified in Clause 2 of this Article.
- Remedial measures:
Forcible restoration of the original state, for violations specified in Clauses 1 and 2 of this Article.
Article 21. Violations against regulations on exit, entry, transit, residence and travel
- A caution or a fine of between VND 300,000 and VND 500,000 shall be imposed on foreigners traveling in the territory of Vietnam without carrying passports, laissez-passers, papers valid for international travel, papers issued to foreigners entering, exiting or residing in Vietnam or ABTC cards.
- A fine of between VND 500,000 and VND 2,000,000 shall be imposed for one of the following acts:
- a) Failing to notify competent agencies as prescribed by law of the loss of passports, laissez-passers, papers valid for international travel, papers issued to foreigners entering, exiting or residing in Vietnam, AB stamps, ABTC cards, other entry and exit papers as prescribed in treaties made by the Socialist Republic Vietnam is a valid member in accordance with the provisions of law;
- b) Making untruthful declarations in order to be granted, extended, restored the validity or reported the loss of passports or laissez-passers; making untruthful declarations in order to be granted papers valid for international travel, papers issued to foreigners entering, exiting or residing in Vietnam, AB stamps, other entry and exit papers as prescribed in treaties to which the Socialist Republic of Vietnam is a contracting party or ABTC cards;
- c) Foreigners entering areas where permits are required by the State without permits or traveling beyond the permitted scope and duration;
- d) Failing to produce passports, laissez-passers, papers valid for international travel, papers issued to foreigners entering, exiting or residing in Vietnam, AB stamps, other entry and exit papers as prescribed in treaties to which the Socialist Republic of Vietnam is a contracting party or ABTC cards when the agency, competent persons of Vietnam; failing to comply with requests of competent Vietnamese agencies and persons on the search of persons, means of transport, objects, places where material evidences and means of administrative violations are hidden;
- dd) Foreigners who use temporary residence certificates, temporary residence extensions, temporary residence cards, or do not renew permanent residence cards in Vietnam for less than 16 days without the permission of competent agencies;
- e) Vietnamese citizens who use expired entry and exit papers or do not have entry and exit papers to enter Vietnam;
- g) Illegally appropriating or occupying passports, laissez-passers, papers valid for international travel, papers issued to foreigners entering, exiting or residing in Vietnam, AB stamps, other entry and exit papers as prescribed in treaties to which the Socialist Republic of Vietnam is a contracting party or ABTC cards of other persons.
- A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following acts:
- a) Destroying, erasing, modifying or falsifying the contents and forms of passports, laissez-passers, papers of international travel value, papers issued to foreigners entering, exiting or residing in Vietnam, AB stamps, other entry and exit papers as prescribed in treaties to which the Socialist Republic of Vietnam is a contracting party or cards ABTC;
- b) Donating, giving, leasing, leasing, pledging, receiving pledges of passports, laissez-passers, papers of international travel value, papers issued to foreigners entering, exiting or residing in Vietnam, AB stamps, other entry and exit papers as prescribed in treaties to which the Socialist Republic of Vietnam is a contracting party or ABTC cards;
- c) Allowing other persons to use passports, laissez-passers, papers of international travel value, papers issued to foreigners entering, exiting or residing in Vietnam, AB stamps, other entry and exit papers as prescribed in treaties to which the Socialist Republic of Vietnam is a contracting party or ABTC cards to commit acts in contravention of regulations prescribed by law;
- d) Using passports, laissez-passers, papers valid for international travel, papers issued to foreigners entering, exiting or residing in Vietnam, AB stamps, other entry and exit papers as prescribed in treaties to which the Socialist Republic of Vietnam is a contracting party or ABTC cards of other persons for entry, exit, transit, residence or to commit other acts of law violation;
- dd) Foreigners who have been granted permanent residence cards but change their address but fail to declare for re-issuance; foreigners entering border-gate economic zones or coastal economic zones under visa-free status to go to other locations of Vietnam without Vietnamese visas as prescribed by law;
- e) The accommodation establishment fails to declare temporary residence as prescribed by law for 01 to 03 foreigners or creates an account with false information to declare temporary residence for foreigners in the electronic environment; foreigners who fail to present passports or papers valid for international travel or papers related to residence in Vietnam to accommodation establishments to declare temporary residence in accordance with law.
- A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following acts:
- a) Crossing the national border without carrying out exit or entry procedures as prescribed by law;
- b) Foreigners who use temporary residence certificates, temporary residence extensions, temporary residence cards, or do not renew permanent residence cards in Vietnam beyond the time limit of between 16 days and less than 30 days without the permission of competent agencies.
- A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for one of the following acts:
- a) Using fake passports, laissez-passers, forged papers of international travel value, papers issued to foreigners entering, exiting or residing in Vietnam, forged AB stamps, other entry and exit papers as prescribed in treaties to which the Socialist Republic of Vietnam is a contracting party, verification of exit, false entry, fake temporary residence certificate or fake ABTC card;
- b) Foreigners who use temporary residence certificates, temporary residence extensions, temporary residence cards, or do not renew permanent residence cards in Vietnam beyond the time limit of between 30 days and less than 60 days without the permission of competent agencies;
- c) The accommodation establishment fails to declare temporary residence as prescribed by law for 04 to 08 foreigners.
- A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for one of the following acts:
- a) Foreigners enter, practice or engage in other activities in Vietnam without permission of competent Vietnamese agencies;
- b) Foreigners who use temporary residence certificates, temporary residence extensions, temporary residence cards, or do not renew permanent residence cards beyond the time limit of between 60 days and less than 90 days without the permission of competent agencies;
- c) Buying and selling passports, laissez-passers, papers of international travel value, papers issued to foreigners entering, exiting or residing in Vietnam, AB stamps, other entry and exit papers as prescribed in treaties to which the Socialist Republic of Vietnam is a contracting party or ABTC cards;
- d) Vietnamese citizens using fake foreign visas or papers certifying and proving that the country of destination allows false entry;
- dd) The accommodation establishment fails to declare temporary residence as prescribed by law for 09 or more foreigners.
- A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed for one of the following acts:
- a) Carrying out procedures for invitation or guarantee for foreigners to enter, exit or reside in Vietnam but failing to properly perform their responsibilities as prescribed by law or making false declarations when carrying out procedures for invitation or guarantee for foreigners to enter, exit or reside in Vietnam;
- b) Foreigners entering Vietnam operate for improper purposes or programs for which they have applied for visas, temporary residence cards or temporary residence extensions;
- c) Forging dossiers and papers to be granted passports, laissez-passers, papers valid for international travel, papers issued to foreigners entering, exiting or residing in Vietnam, AB stamps, other entry and exit papers as prescribed in treaties to which the Socialist Republic of Vietnam is a contracting party or ABTC cards;
- d) Foreigners who use temporary residence certificates, temporary residence extensions, temporary residence cards, or fail to renew permanent residence cards beyond the expiration period of between 90 days and less than 180 days without the permission of competent agencies;
- dd) Employing foreigners, organizing tourism programs for foreigners or temporarily residing foreigners when foreigners illegally reside in Vietnam or detecting signs of violations of the law on entry, exit, transit or residence of foreigners in Vietnam without notifying competent agencies as prescribed fix.
- A fine of between VND 25,000,000 and VND 30,000,000 shall be imposed for acts of foreigners using temporary residence certificates, temporary residence extensions, temporary residence cards, or failing to renew permanent residence cards beyond the duration of between 180 days and less than 01 year without permission of competent agencies.
- A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for one of the following acts:
- a) Entering or staying at embassies, consulates, diplomatic missions, consulates or offices of international agencies or organizations based in Vietnam without permission of such agencies or organizations;
- b) Foreigners residing in areas where foreigners are prohibited from residing;
- c) Vehicle owners or managers or operators of vehicles transporting people crossing the national border fail to carry out entry procedures as prescribed;
- d) Organizing or brokering for other persons to illegally exit, enter or stay in Vietnam but not serious enough to be examined for penal liability; organizing, brokering, assisting, inciting, harboring, concealing or creating conditions for others to stay abroad or cross the national border illegally but not to the extent of being examined for penal liability; aiding, instigating, harboring, concealing and creating conditions for others to illegally exit, enter or stay in Vietnam;
- dd) The foreigner fails to comply with the decision on expulsion or forced exit or the request for exit of the competent authority, and continues to reside in Vietnam;
- e) Foreigners who use temporary residence certificates, temporary residence extensions, temporary residence cards, or fail to renew permanent residence cards beyond the expiration period of 01 year or more without the permission of competent agencies;
- g) Foreigners crossing the national border without carrying out entry procedures as prescribed and then staying in Vietnam but not being granted valid papers of residence in Vietnam as prescribed.
- Acts of administrative violations related to border residents crossing border areas shall be handled and sanctioned according to the Government’s Decree on sanctioning of administrative violations in the field of national border management and protection and relevant legal documents.
- Additional sanctions:
- a) Confiscate material evidences and means used in administrative violations, for violations specified at Point b, Clause 2; Points a, b, c and d, Clause 3; Point a, Clause 5; Points a, c and d, Clause 6; Points b and c, Clause 7; Point c, Clause 9 of this Article;
- b) Based on the nature, severity and consequences of violations, violators and extenuating circumstances and aggravating circumstances, decide on the application of expulsion sanctions to foreigners who commit acts of administrative violation specified in Clauses 4 and 5. 6, 7, 8 and 9 This.
- Remedial measures:
Forcible return of illegal profits obtained from the commission of violations specified at Point b, Clause 3; Points a and c, Clause 6; Points c and d, Clause 9 of this Article.
Article 22. Violations against regulations on protection of state secrets
- A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for one of the following acts:
- a) Failing to promulgate regulations and internal regulations on the protection of state secrets in agencies, organizations and localities as prescribed by law;
- b) Copying, photographing, storing, transporting, delivering or receiving documents and objects containing state secrets in contravention of law;
- c) Failing to recover documents and objects containing state secrets as prescribed by law;
- d) Bringing documents and objects containing state secrets out of the place of storage in service of work without permission of competent persons;
- dd) Failing to hand over documents and objects containing state secrets upon resignation, transfer or retirement, or not being assigned to continue managing state secrets;
- e) Using state secrets for improper purposes;
- g) Identifying state secrets for documents that do not contain state secrets, affixing confidentiality marks on documents that do not contain state secret contents in contravention of law;
- h) Wrongly determining the confidentiality as prescribed by law;
- i) Failing to identify or affix the seal indicating the level of state secrets as prescribed by law.
- A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following acts:
- a) Collecting state secrets in contravention of law;
- b) Failing to take measures to prevent and remedy consequences when state secrets are disclosed or lost;
- c) Failing to notify competent agencies or persons of the occurrence of disclosure or loss of state secrets;
- d) Failing to remove state secrets when changing the purpose of using computers and other equipment used for drafting, storing and exchanging state secrets;
- dd) Destroying documents and objects containing state secrets in contravention of law.
- A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following acts:
- a) Drafting or storing documents containing state secrets on computers or other devices connected or being connected to the Internet, computer networks or telecommunications networks in contravention of law;
- b) Using equipment with signal receiving, transmitting, audio and video recording or other forms in conferences, seminars or meetings with state secret contents without permission of competent persons;
- c) Falsifying or damaging documents and objects containing state secrets;
- d) Providing or transferring state secrets in contravention of law;
- dd) Entering the place where state secrets are kept and preserved, or filming, taking photographs or drawing a diagram of the place of storage and preservation of state secrets without permission of a competent person.
- A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for one of the following acts:
- a) Posting or disseminating state secrets on the mass media, the Internet, computer networks and telecommunications networks in contravention of law;
- b) Transmitting state secrets on the information and telecommunications media in contravention of law.
- Additional penalties
Confiscation of material evidences and means of administrative violations, for violations specified at Points b and dd, Clause 3 of this Article.
- Remedial measures:
- a) Forcible return of documents and objects containing state secrets, for the violations specified at Points b, d, dd and e, Clause 1; Point a, Clause 2; Point d, Clause 3 of this Article;
- b) Forcible withdrawal of documents and objects containing state secrets, for the violations specified at Point c, Clause 1 of this Article;
- c) Forcible removal of state secret documents, for the violations specified at Point a, Clause 3, Clause 4 of this Article;
- d) Forcible restoration of the original state, for the violations specified at Point c, Clause 3 of this Article.
Article 23. Violations against regulations on management and use of uniforms, badges, insignia, numbers, People’s Police identity cards or other papers reserved for the People’s Police force
- A fine of between VND 500,000 and VND 1,500,000 shall be imposed for illegally storing and using uniforms, insignia, insignia, numbers, people’s police identity cards or other papers reserved for the people’s police force.
- A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for acts of illegally buying, selling or exchanging uniforms, badges, insignia, numbers, people’s police identity cards or other papers reserved for the people’s police force, except for the case specified at Point k, Clause 4, Article 15 of this Decree.
- A fine of between VND 10,000,000 and VND 30,000,000 shall be imposed for illegally producing or forging uniforms, insignia, insignia or numbers; erasing, modifying or falsifying the contents of the People’s Police identity card or other papers reserved for the People’s Police force.
- Additional sanctions:
- a) Confiscate material evidences and means used in administrative violations, for violations specified in Clauses 1, 2 and 3 of this Article;
- b) Based on the nature, severity and consequences of violations, violators and extenuating circumstances and aggravating circumstances, decide on the application of expulsion sanctions to foreigners who commit acts of administrative violation specified in Clauses 2 and 3 of this Article.
- Remedial measures:
Forcible return of illegal profits obtained from the commission of violations specified in Clauses 2 and 3 of this Article.
Article 24. Violations against regulations on management and use of uniforms, badges, insignia, signboards and certificates of forces participating in security and order protection at grassroots levels
- A fine of between VND 500,000 and VND 1,000,000 shall be imposed for illegally storing, using or illegally occupying uniforms, badges, insignia, signboards or certificates of forces participating in security and order protection at grassroots level.
- A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for illegally buying, selling or pledging uniforms, badges, insignia, signboards or certificates of forces participating in the protection of security and order at grassroots level.
- A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following acts:
- a) Illegally producing or counterfeiting uniforms, badges, insignia or signboards of forces participating in the protection of security and order at grassroots level;
- b) Erasing, modifying or falsifying the contents of certificates of forces participating in security and order protection at grassroots level.
- Additional sanctions:
Confiscation of material evidences and means of administrative violations, for violations specified in Clauses 1 and 2, Point a, Clause 3 of this Article.
- Remedial measures:
- a) Forcible return of illegal profits obtained from the commission of violations specified in Clause 2, Point a, Clause 3 of this Article;
- b) Forcible return of the certificate of the force participating in the protection of security and order at the grassroots level, for the violations specified at Point b, Clause 3 of this Article.
Article 25. Violations against regulations on organization and operation of forces participating in security and order protection at grassroots level
- A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for acts of impersonating forces participating in the protection of security and order at grassroots level.
- A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for acts of insulting, threatening, obstructing or opposing forces participating in the protection of security and order at grassroots levels while performing their duties.
- A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for acts of using forces to participate in the protection of security and order at grassroots levels in contravention of the Law on Forces participating in the protection of security and order at grassroots levels or committing acts of violating the law.
- Additional sanctions:
Confiscation of material evidences and means of administrative violations, for violations specified in Clause 1 of this Article.
Article 26. Acts of obstructing or resisting the inspection, examination and control of official-duty performers; giving, brokering or accepting bribes
- A fine of between VND 1,000,000 and VND 4,000,000 shall be imposed for acts of brokering or assisting violating individuals or organizations to evade the inspection, examination and control of official-duty performers.
- A fine of between VND 4,000,000 and VND 6,000,000 shall be imposed for one of the following acts:
- a) Obstructing or failing to comply with requests for inspection, examination, control or other tasks of official-duty performers as prescribed by law;
- b) Having words or actions that threaten, insult or insult the honor and dignity of official-duty performers;
- c) Organizing, instigating, assisting, enticing or inciting others not to comply with the inspection, examination and control requirements of official-duty performers.
- A fine of between VND 6,000,000 and VND 8,000,000 shall be imposed for one of the following acts:
- a) Causing damage to property and means of state agencies or official-duty performers;
- b) Giving, brokering or receiving bribes but not serious enough to be examined for penal liability.
- Remedial measures:
Forcible public apology at private homes, workplaces, other places or on the mass media for violations specified at Point b, Clause 2 of this Article, unless the victim files a written request against it.
Article 27. Violations against regulations on construction, management and use of the National Population Database, Residence Database, Identity Database, electronic identification and authentication system
- A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for deliberately failing to provide, providing incomplete, untruthful or forging information, papers and documents in service of collecting, updating and adjusting information in the National Population Database. Residence Database, Identity Database, Electronic Identification and Authentication System.
- A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following acts:
- a) Falsifying citizen data and information in the National Population Database, Residence Database, Identity Database, electronic identification and authentication system;
- b) Exploiting and using citizen data and information in the National Population Database, Residence Database, Identity Database, electronic identification and authentication system in contravention of law;
- c) Obstructing or preventing or interrupting the process of transmission, sending and receiving data of the National Population Database, the Residence Database, the Identity Database, and the electronic identification and authentication system.
- A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for one of the following acts:
- a) Illegally or illegally providing information about citizens in the National Population Database, Residence Database, Identity Database, electronic identification and authentication system;
- b) Deliberately disclosing confidential citizen information in the National Population Database, Residence Database, Identity Database, electronic identification and authentication system.
- A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for one of the following acts:
- a) Illegally accessing or changing, deleting, illegally canceling, distributing or carrying out other unauthorized activities related to information in the National Population Database, Residence Database, Identity Database, electronic identification and authentication system, except for the cases specified at Points d and dd of this Clause;
- b) Destroying technical infrastructure, transmission lines, pages and equipment in service of the normal operation of the management agency of the National Population Database, the Residence Database, the Identity Database, and the electronic identification and authentication system;
- c) Producing, putting into use tools, means, software or committing other acts that obstruct or disrupt the operation of the information infrastructure of the National Population Database, the Residence Database, the Identity Database, the electronic identification and authentication system, except for the case specified at Point c, Clause 2 of this Article;
- d) Illegally exploiting, sharing, buying, selling, exchanging, appropriating or using information and data in the National Population Database, Residence Database, Identity Database, electronic identification and authentication system, except for the case specified at Point dd of this Clause;
- dd) Illegally using personal identification information of others to commit acts of violating the law.
- Additional sanctions:
Confiscation of material evidences and means of administrative violations for violations specified in Clauses 3 and 4 of this Article.
- Remedial measures:
- a) Forcible return of illegal profits obtained from the commission of violations specified in Clauses 2, 3 and 4 of this Article;
- b) Forcible restoration of the original state, for the violations specified at Point b, Clause 4 of this Article.
Article 28. Violations against regulations on issuance of electronic identification accounts; use of national identification applications; management and use of electronic authentication services from the electronic identification and authentication system
- A fine of between VND 500,000 and VND 1,000,000 shall be imposed for acts of failing to comply with the provisions of law on granting e-identification accounts to individuals.
- A fine of between VND 3,000,000 and VND 4,000,000 shall be imposed for one of the following acts:
- a) Deliberately failing to provide information and documents, providing insufficient information and documents for the issuance of e-identification accounts; providing false information and documents to be granted electronic identification accounts;
- b) Using fake electronic identification accounts of individuals;
- c) Buying, selling, renting or leasing e-identification accounts of individuals;
- d) Pledge, pledge, mortgage or mortgage of e-identification accounts of individuals;
- dd) Forging electronic identification accounts of individuals.
- A fine of between VND 4,000,000 and VND 8,000,000 shall be imposed for one of the following acts:
- a) Illegally using or appropriating an individual’s e-identification account;
- b) Borrowing e-identification accounts to commit acts in contravention of law; lending electronic identification accounts for others to commit acts contrary to the provisions of law;
- c) Failing to comply with the provisions of law on issuance of e-identification accounts to organizations;
- d) Failing to comply with the provisions of law on the use of e-authentication services.
- A fine of between VND 8,000,000 and VND 10,000,000 shall be imposed for one of the following acts:
- a) Forging electronic identification accounts of organizations;
- b) Using fake electronic identification accounts of organizations;
- c) Illegally using or appropriating the organization’s e-identification account;
- d) Buying, selling, renting or leasing e-identification accounts of organizations;
- dd) Pledge, pledge, mortgage or mortgage of the organization’s e-identification account.
- A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for one of the following acts:
- a) Using the e-identification account for activities or transactions in contravention of law; infringing upon national security, defense, national interests, public interests, legitimate rights and interests of organizations and individuals;
- b) Illegally interfering with the use of national identification applications by individuals and organizations;
- c) Obstructing the implementation of the method of electronic authentication in conducting transactions through the electronic identification and authentication system;
- d) Providing or sharing electronic authentication results to organizations and individuals to become authentication factors in other transactions in contravention of law;
- dd) Using e-authentication services but failing to comply with technical regulations on e-identification and authentication, management and confidentiality of e-identification account information, and ensuring the safe use of e-identification accounts.
- A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for one of the following acts:
- a) Failing to grant, re-grant or change the Certificate of eligibility for e-authentication service business as prescribed by law;
- b) Failing to post the list of e-authentication products and services on the e-identification website after the list and products and services of e-authentication are approved by competent authorities;
- c) Within 03 working days from the date of detection of the loss of the Certificate of eligibility for business of e-authentication services but failing to notify in writing to the police agency that has issued the Certificate of eligibility for business of e-authentication services;
- d) Failing to produce the Certificate of eligibility to provide e-authentication services at the request of a competent agency or person.
- A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for one of the following acts:
- a) Failing to fully fulfill responsibilities in the implementation of regulations on state management of e-authentication service business activities;
- b) Failing to properly and fully maintain the conditions for providing electronic authentication services throughout the course of operation;
- c) Entrusting other organizations to carry out a number of activities, including: consulting, introducing and answering e-authentication services; search for partners, negotiate and agree on contents related to activities, services and utilities providing electronic authentication services; supporting and taking care of customers using e-authentication services and other trade promotion activities related to e-authentication services in contravention of law;
- d) Forging dossiers to apply for the Certificate of eligibility to provide e-authentication services;
- dd) Erasing, modifying or falsifying the contents of the Certificate of eligibility to provide e-authentication services;
- e) Borrowing, lending, leasing, leasing, buying, selling, pledging, mortgaging, mortgaged, pledging the Certificate of eligibility for business in e-authentication services.
- A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for one of the following acts:
- a) Electronic authentication services that infringe upon national security, defense, national interests, public interests, legitimate rights and interests of organizations and individuals;
- b) Creating fake national identification applications; coercing and deceiving individuals and organizations to use fake national identification applications;
- c) Using a fake certificate of eligibility to provide e-authentication services;
- d) Providing e-authentication services without being granted or having the Certificate of eligibility for e-authentication services revoked;
- dd) Consulting, introducing and answering electronic authentication services without being entrusted; search for partners, negotiate and agree on contents related to activities, services and utilities providing electronic authentication services without entrustment; support and take care of customers using e-authentication services or other trade promotion activities related to e-authentication services without entrustment.
- Additional sanctions:
Confiscation of material evidences and means of administrative violations, for violations specified at Point d, Clause 7, Points b and c, Clause 8 of this Article.
- Remedial measures:
- a) Forcible return of illegal profits obtained from the commission of violations specified at Points d and dd Clause 4, Point b Clause 5, Points c and e Clause 7, Points a and d, Clause 8 of this Article;
- b) Forcible return of the Certificate of eligibility to provide e-authentication services, for the violations specified at Point dd, Clause 7 of this Article.
Article 29. Acts of violating regulations on use and exploitation of judicial record databases; request for issuance of judicial record cards; Use of judicial record cards
- A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for acts of fraud in making declarations requesting the issuance of judicial record cards.
- A fine of between VND 5,000,000 and VND 7,000,000 shall be imposed for acts of erasing, modifying or falsifying the contents of judicial record cards in any form.
- A fine of between VND 7,000,000 and VND 10,000,000 shall be imposed for one of the following acts:
- a) Using other people’s judicial record cards in contravention of law, infringing upon the private life of individuals;
- b) Using other people’s papers to illegally request the issuance of judicial record cards;
- c) Illegally exploiting, using, falsifying or destroying paper judicial record records;
- d) Illegally accessing, stealing or destroying electronic judicial record data;
- dd) Disseminating informatics programs that cause harm to computer networks and electronic judicial record data information systems.
- Additional sanctions:
- a) Confiscate material evidences and means used in administrative violations, for violations specified at Points d and dd, Clause 3 of this Article;
- b) Confiscation of material evidences being papers or documents that have been erased or modified to falsify the contents, for the violations specified in Clause 2 of this Article.
- Remedial measures:
- a) Forcible return of originals of papers or documents that have been erased or modified to falsify their contents to the issued agencies or competent persons, for the violations specified in Clause 2 of this Article, except for the cases where the originals have been confiscated under the provisions of Point b, Clause 4 of this Article;
- b) Propose competent agencies, organizations and persons to consider and handle issued papers and documents due to the violations specified in Clause 1 and Point b, Clause 3 of this Article.
Section 2. ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON PREVENTION AND CONTROL OF SOCIAL EVILS
Article 30. Violations against regulations on drug prevention, control and control
- A caution or a fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for one of the following acts:
- a) Illegally using narcotic substances but not being examined for penal liability;
- b) Discriminating against illegal users of narcotic substances, drug detoxicators and post-drug detoxification persons.
- A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for one of the following acts:
- a) Illegally storing, transporting or appropriating narcotic substances but not serious enough to be examined for penal liability;
- b) Appropriating precursors used in the illegal production of narcotic substances but not to the extent of being examined for penal liability;
- c) Producing, storing, transporting, trading in means and tools used in the illegal production or use of narcotic substances but not serious enough to be examined for penal liability.
- A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for planting trees containing narcotic substances or guiding the planting of trees containing narcotic substances.
- A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for one of the following acts:
- a) Brokering, assisting or other acts of helping others illegally use narcotics;
- b) Resisting or obstructing the testing of narcotic substances in the body, determination of drug addiction status, management of illegal users of narcotic substances, drug detoxication, post-detoxication management.
- A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed for one of the following acts:
- a) Abusing their positions, powers and professions to violate the law on drug prevention and combat;
- b) Violating regulations on export, import, temporary import, re-export or transit of narcotic substances, precursors, addictive drugs and psychotropic drugs but not serious enough to be examined for penal liability; violations against regulations on temporary export and re-import of narcotics, precursors, addictive drugs and psychotropic drugs; violations against regulations on export, import, temporary import, re-export, temporary export, re-import, transit of precursor drugs, medicinal ingredients being narcotic active ingredients, psychotropic active ingredients, drug precursors, veterinary drugs containing narcotic substances and precursors;
- c) Violating regulations on research, assessment, production and preservation of narcotic substances, precursors, addictive drugs and psychotropic drugs but not serious enough to be examined for penal liability; violations against regulations on research, assessment, production and preservation of drug precursors, medicinal ingredients that are narcotic active ingredients, psychotropic active ingredients, drug precursors, veterinary drugs containing narcotic substances and precursors;
- d) Violating regulations on delivery, receipt and transportation of narcotics, precursors, addictive drugs and psychotropic drugs but not serious enough to be examined for penal liability; violations against regulations on delivery, receipt and transportation of precursor drugs, medicinal ingredients that are narcotic active ingredients, psychotropic active ingredients, drug precursors, veterinary drugs containing narcotic substances and precursors;
- dd) Violating regulations on distribution, trading and exchange of drugs, precursors, addictive drugs and psychotropic drugs but not serious enough to be examined for penal liability; violations against regulations on distribution, trading, exchange of drug precursors, medicinal ingredients that are narcotic active ingredients, psychotropic active ingredients, drug precursors, veterinary drugs containing narcotic substances and precursors;
- e) Violating regulations on management, control and storage of narcotic substances, precursors, addictive drugs and psychotropic drugs at border gates, border areas or at sea but not serious enough to be examined for penal liability; violations against regulations on management, control and storage of drug precursors and medicinal ingredients being narcotic active ingredients, psychotropic active ingredients, drug precursors, veterinary drugs containing narcotic substances and precursors at border gates, border areas and at sea;
- g) Violating regulations on dispensing and permitting the use of narcotics, addictive drugs or psychotropic drugs but not serious enough to be examined for penal liability; violations against regulations on dispensing and permitting the use of drug precursors, medicinal ingredients that are narcotic active ingredients, psychotropic active ingredients, drug precursors, veterinary drugs containing narcotic substances and precursors;
- h) Heads, legal representatives, persons assigned to manage business or service establishments, managers of means of transport or other individuals responsible for managing restaurants, accommodation rental establishments, clubs, karaoke business activities, disco business activities, etc trading in electronic games and means of transport but lacking responsibility in the implementation of regulations on state management of business activities so that illegal storage, trading and use of narcotic substances occur in the areas and vehicles under their management.
- A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for one of the following acts:
- a) Researching, assessing, testing, inspecting, producing, storing, transporting, preserving, storing, trading, distributing, handling, exchanging, exporting, importing, temporarily importing, re-exporting, temporarily exporting, re-importing, illegally transiting precursors, addictive drugs, psychotropic drugs, precursor drugs, medicinal ingredients being narcotic active ingredients, etc psychotropic active ingredients, drug precursors, veterinary drugs containing narcotic substances and precursors;
- b) Appropriating addictive drugs, psychotropic drugs, precursor drugs, medicinal ingredients that are narcotic active ingredients, psychotropic active ingredients, drug precursors, veterinary drugs containing narcotic substances or precursors;
- c) Revenge or obstruction of persons performing drug prevention and control tasks or persons participating in drug prevention and control;
- d) Guiding the illegal production and use of narcotics.
- A fine of between VND 50,000,000 and VND 75,000,000 shall be imposed for providing places or means for others to illegally store narcotics.
- Additional sanctions:
- a) Confiscation of material evidences and means used in administrative violations, for violations specified at Point a, Clause 1; Clauses 2 and 3; Point a, Clause 4; Points b, c, d, dd, e and g, Clause 5; Points a and b, Clause 6 of this Article;
- b) Deprivation of the right to use licenses, practice certificates, certificates of satisfaction of security and order conditions for between 03 and 06 months, for the violations specified at Point h, Clause 5 of this Article, unless there are legal provisions on the revocation of licenses. practice certificates, certificates of eligibility for security and order;
- c) Suspension of operation from 03 months to 06 months, for the violations specified at Point b, Clause 5 of this Article;
- d) Based on the nature, severity and consequences of violations, violators and extenuating circumstances and aggravating circumstances, decide to apply the sanctioning form of expulsion to foreigners who commit acts of administrative violation specified in Clauses 6 and 7 of this Article.
- Remedial measures:
Forcible return of illegal profits obtained from the commission of violations specified at Points b and c, Clause 2; Point a, Clause 4; Points b, c and dd, Clause 5; Point a, Clause 6 of this Article.
Article 31. Violations against regulations on drug detoxification
- A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following acts:
- a) Failing to promulgate the drug detoxification process or the process of providing voluntary detoxification services at home or in the community;
- b) Failing to publicly and transparently notify the types of services, the process of providing services and prices of drug detoxification services;
- c) Failing to sign a drug detoxification service contract;
- d) Failing to notify the competent People’s Committee when the drug detoxifier voluntarily terminates or completes the use of drug detoxication services.
- A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for one of the following acts:
- a) Failing to comply with the decision on revocation of the license for drug detoxication activities;
- b) Failing to comply with the decision to suspend drug detoxication activities for a definite time.
- A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for improperly or inadequately implementing the drug detoxification process and the process of providing voluntary detoxification services at home or community.
- A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed for one of the following acts:
- a) Carrying out drug detoxication beyond the scope of activities stated in the license for voluntary drug detoxication activities;
- b) Conducting drug detoxication beyond the scope of functions and tasks assigned by competent state agencies for public drug detoxication establishments.
- A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for acts of lending, leasing, transferring or using the License for voluntary drug detoxication activities for other purposes.
- A fine of between VND 50,000,000 and VND 75,000,000 shall be imposed for organizing drug detoxification without being registered, licensed for operation or satisfying the conditions for operation as prescribed.
- Remedial measures:
- a) Forcible notification to the competent People’s Committee when the drug detoxicator arbitrarily terminates or completes the use of drug detoxication services due to the commission of the violations specified at Point d, Clause 1 of this Article;
- b) Forcible public and transparent notification of types of services, process of providing services, prices of drug detoxication services due to the commission of violations specified at Point b, Clause 1 of this Article;
- c) Forcible signing of drug detoxification service contracts due to the violations specified at Point c, Clause 1 of this Article.
Article 32. Acts of buying sex
- A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for acts of buying sex.
- A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed in case of buying sex by 02 or more people at the same time.
- Additional sanctions:
Confiscation of material evidences of administrative violations for violations specified in Clauses 1 and 2 of this Article.
Article 33. Acts of prostitution
- A caution or a fine of between VND 300,000 and VND 500,000 shall be imposed for acts of selling sex.
- A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed in case of selling sex to 02 or more people at the same time.
- Additional sanctions:
- a) Confiscate material evidences of administrative violations, for violations specified in Clauses 1 and 2 of this Article;
- b) Based on the nature, severity and consequences of violations, violators and extenuating circumstances and aggravating circumstances, decide to apply the sanction of expulsion to foreigners who commit acts of administrative violation specified in Clauses 1 and 2 of this Article.
- Remedial measures:
Forcible return of illegal profits obtained from the commission of violations specified in Clauses 1 and 2 of this Article.
Article 34. Other acts related to prostitution and prostitution
- A caution or a fine of between VND 300,000 and VND 500,000 shall be imposed for acts of buying and selling pornography or sexual arousal.
- A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for acts of concealing or providing protection for acts of buying or selling sex.
- A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for acts of helping, enticing, inciting, coercing or coercing others to buy or sell sex.
- A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for one of the following acts:
- a) Using force or threatening to use force to protect and maintain sex buying and selling activities;
- b) Contributing money and assets to be used for the purpose of prostitution or prostitution;
- c) Brokering the purchase or sale of sex but not to the extent of being examined for penal liability.
- A fine of between VND 50,000,000 and VND 75,000,000 shall be imposed for one of the acts of abusing positions, powers and prestige to protect and maintain sex buying and selling activities.
- Remedial measures:
Forcible return of illegal profits obtained from the commission of violations specified in Clauses 1, 2, 3, 4 and 5 of this Article.
Article 35. Acts of using prostitution, prostitution and other sexual activities as a mode of business or irresponsible acts to commit prostitution, prostitution, pornography and sexual arousal activities at business or service establishments
- A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed on the head, legal representative or person assigned to manage business or service establishments who fail to take responsibility in the implementation of regulations on state management of business activities in order to cause prostitution to occur. selling prostitution, pornography or sexual arousal at establishments under their management.
- A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for acts of using prostitution, prostitution and other sexual activities as business methods.
- Additional sanctions:
- a) Deprivation of the right to use the Certificate of eligibility for security and order from 03 months to 06 months, for the violations specified in Clauses 1 and 2 of this Article, unless there are legal provisions on the revocation of the Certificate of eligibility for security. order;
- b) Based on the nature, severity and consequences of violations, violators and extenuating circumstances and aggravating circumstances, decide to apply the sanction of expulsion to foreigners who commit acts of administrative violation specified in Clauses 1 and 2 of this Article.
- Remedial measures:
Forcible return of illegal profits obtained from the commission of violations specified in Clause 2 of this Article.
Article 36. Illegal gambling
- A fine of between VND 200,000 and VND 500,000 shall be imposed for acts of buying lot numbers and title numbers.
- A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for one of the following acts:
- a) Illegally gambling in one of the forms such as disc jockey, shrimp nest, tu lu kho, tam cuc, 3 trees, four colors, red and black, chess, 6-card Indian soldiers, 13-card gray soldiers, 13-card advances, cockfights, snooker or other forms for the purpose of, losses in money, property or in kind but not to the extent of being examined for penal liability;
- b) Illegally gambling with machines or electronic games but not serious enough to be examined for penal liability;
- c) Illegal betting in sports competitions, entertainment or other activities but not serious enough to be examined for penal liability.
- A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for one of the following acts:
- a) Illegally depositing, pawning or lending money at casinos or other gambling places;
- b) Selling lot numbers, title numbers, title tables and other publications for lots or titles, handing them over to other persons for commission enjoyment;
- c) Aiding or concealing illegal gambling;
- d) Protecting illegal gambling establishments;
- dd) Owners, managers of electronic game machines, owners of business establishments, managers of electronic game business establishments or other business and service establishments that lack responsibility in the implementation of regulations on state management of business activities in order to cause gambling activities to occur at establishments under their management.
- A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following acts of organizing gambling:
- a) Inviting, enticing or gathering other people to gamble illegally but not to the extent of being examined for penal liability;
- b) Using their own houses, residences, vehicles or other places under their management to harbor gambling but not to the extent of being examined for penal liability;
- c) Illegally placing slot machines or electronic games;
- d) Organizing illegal betting activities for money but not to the extent of being examined for penal liability, except for the case specified at Point d, Clause 5 of this Article.
- A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for one of the following acts of organizing the beating of titles:
- a) Being the owner of the lot or title but not to the extent of being examined for penal liability;
- b) Organize the production and distribution of title tables and other publications for lots and titles;
- c) Organizing a network to sell lot numbers and title numbers but not to the extent of being examined for penal liability;
- d) Organizing betting in physical training and sports competitions, entertainment or other activities for gambling or taking money but not to the extent of being examined for penal liability.
- Additional sanctions:
- a) Confiscation of material evidences and means used in administrative violations, for violations specified in Clause 1; Clause 2; Points a and b, Clause 3; Points c and d, Clause 4 and Clause 5 of this Article;
- b) Suspension of operation from 06 months to 12 months, for the violations specified at Point dd, Clause 3 of this Article;
- c) Based on the nature, severity and consequences of violations, violators and extenuating circumstances and aggravating circumstances, decide on the application of the sanctioning form of expulsion to foreigners who commit acts of administrative violation specified at Point dd, Clause 3. Points c and d, Clause 4, Clause 5 of this Article.
- Remedial measures:
Forcible return of illegal profits obtained from the commission of violations specified in Clause 1; Clause 2; Points a and b, Clause 3; Points b, c and d, Clause 4 and Clause 5 of this Article.
Section 3. ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON DOMESTIC VIOLENCE PREVENTION AND CONTROL
Article 37. Acts of torture, ill-treatment, beating, threatening or other intentional acts infringing on health or life
- A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for acts of threatening to infringe upon the health and life of family members.
- A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for acts of beating or other intentional acts of infringing upon the health and life of family members but not serious enough to be examined for penal liability.
- A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for one of the following acts:
- a) Torture or abuse such as forcing them to fast, drink, suffer from cold, wear torn clothes, deny or restrict personal hygiene;
- b) Using tools, means or other items that cause injury to family members but not serious enough to be examined for penal liability;
- c) Persons who commit acts of domestic violence fail to promptly take victims of domestic violence for emergency treatment in cases where victims of domestic violence need timely emergency treatment or fail to take care of victims of domestic violence during the time when persons suffering from domestic violence are treated for injuries caused by acts of domestic violence; except for cases where the domestic violence victims, guardians or legal representatives of domestic violence victims refuse.
- Additional sanctions:
Confiscation of material evidences and means of administrative violations for violations specified at Point b, Clause 3 of this Article, except for cases where material evidences and means of administrative violations are not the private property of the perpetrators of acts of domestic violence.
- Remedial measures:
- a) Forcible public apology at the request of the domestic violence victim at his or her own home, workplace, other place or on the mass media, for the violations specified in Clauses 1 and 2; Points a and b, Clause 3 of this Article;
- b) Forcible payment of all medical examination and treatment expenses, for the violations specified in Clause 2 and Point b, Clause 3 of this Article.
Article 38. Acts of neglect and disinterest; failing to nurture or take care of family members who are pregnant women, women who are raising children under 36 months old, people with disabilities, the elderly, the elderly, and people who are unable to take care of themselves; not educating family members who are children
- A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for one of the following acts:
- a) Neglecting or not caring; failing to nurture or take care of family members who are pregnant women, women who are raising children under 36 months old, people with disabilities, the elderly, the elderly, and people who are unable to take care of themselves;
- b) Failing to educate family members who are children.
- Acts of administrative violation: neglect or indifference; failing to nurture or take care of family members who are children not specified in this Decree shall be handled and sanctioned according to the provisions of the Government’s Decree on sanctioning of administrative violations in the field of social and child protection and assistance and relevant legal documents.
- Remedial measures:
Forcible public apology when the victims of domestic violence request at their own homes, workplaces, other places or on the mass media, for the violations specified in Clause 1 of this Article.
Article 39. Acts of offending the honor and dignity of family members
- A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for acts of insulting, extracting lead or other intentional acts of offending the honor and dignity of family members, except for the case specified in Clause 2 of this Article.
- A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for acts of disclosing or disseminating information about the private life, personal secrets or family secrets of family members in order to offend the honor and dignity.
- Remedial measures:
- a) Forcible public apology at the request of domestic violence victims at their own homes, workplaces, other places or on the mass media, for the violations specified in Clauses 1 and 2 of this Article;
- b) Forcible withdrawal of documents, documents, leaflets, articles and images, for the violations specified in Clause 2 of this Article.
Article 40. Acts of coercion, obstruction, isolation, imprisonment, and constant psychological pressure
- A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following acts:
- a) Preventing family members from meeting relatives, having lawful and healthy social relations or other acts in order to isolate or exert regular psychological pressure;
- b) Discriminating against or discriminating against family members in terms of appearance, gender and capacity;
- c) Obstructing the exercise of rights and obligations in family relations between grandparents and grandchildren or between parents and children or between husband and wife or brothers and sisters;
- d) Forcing family members to study too hard.
- A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for one of the following acts:
- a) Forcing family members to witness violence against people and animals in order to exert regular psychological pressure;
- b) Forcing family members to listen to audio, watch images, or read contents that incite violence.
- A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for acts of isolating or detaining family members, except for the case specified at Point a, Clause 1 of this Article.
- Acts of administrative violation: forced child marriage, marriage, divorce or obstruction of lawful marriage or divorce not yet specified in this Decree shall be handled and sanctioned according to the provisions of the Government’s Decree on sanctioning of administrative violations in the field of judicial assistance; judicial administration; marriage and family; civil judgment enforcement; bankruptcy of enterprises and cooperatives and relevant legal documents.
- Remedial measures:
Compulsory public apology when domestic violence victims request at their own homes, workplaces, other places or on the mass media, for the violations specified in Clauses 1, 2 and 3 of this Article.
Article 41. Acts of sexual violence
- A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for acts of forcing family members to listen to audio, view images or read pornographic contents.
- A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for one of the following acts:
- a) Forcing family members to perform pornographic acts;
- b) Forcing the performing of sexual acts against the will of the spouse but not being examined for penal liability.
- Acts of administrative violation: forced pregnancy, abortion, fetal sex selection, which are not specified in this Decree shall be handled and sanctioned according to the provisions of the Government’s Decree on sanctioning of administrative violations in the field of health and relevant legal documents.
- Remedial measures:
Forcible public apology when the domestic violence victim requests at his or her own home, workplace, other place or on the mass media, for the violations specified in Clauses 1 and 2 of this Article.
Article 42. Acts of obstructing the exercise of rights and obligations in family relations between grandparents and grandchildren; between parents and children; between husband and wife; between brothers, sisters and sisters
A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for acts of obstructing the right to visitation and care between grandparents and grandchildren; between husband and wife; between brothers, sisters and sisters; between parents and children, except for cases where parents are restricted from visiting their children according to court decisions.
Article 43. Violations against regulations on care, nurturing and support
- A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following acts:
- a) Refusing or shirking the support obligation between husband and wife after divorce; refusing or shirking the obligation to raise brothers and sisters with each other, between paternal grandparents, maternal grandparents and grandchildren in accordance with law;
- b) Refusing or shirking the obligation to support or nurture parents; the obligation to support and take care of children after divorce in accordance with the law.
- Remedial measures:
Forcible performance of the obligation to contribute and nurture as prescribed, for the violations specified in Clause 1 of this Article.
Article 44. Acts of economic violence
- A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for one of the following acts:
- a) Appropriating the common property of the family or the private property of other family members;
- b) Destroying the common property of the family or the private property of other family members but not serious enough to be examined for penal liability;
- c) Forcing family members to work excessively;
- d) Coercing family members to make financial contributions beyond their capacity;
- dd) Control the assets and incomes of family members in order to create a state of dependence in terms of material, mental or other aspects.
- Remedial measures:
- a) Forcible restoration of the original state, for the violations specified at Point b, Clause 1 of this Article, except for cases where the property cannot be restored to its original state;
- b) Forcible return of property illegally occupied or forcible return of an amount equal to the value of property obtained from illegal occupation which has been consumed, dispersed or destroyed in contravention of law to the lawful owner, for the violations specified at Points a, d and dd, Clause 1 of this Article.
Article 45. Acts of forcing family members out of their lawful residence illegally
- A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for acts of forcing family members to leave their lawful residences in contravention of law, except for the cases specified in Clauses 2 and 3 of this Article.
- A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for acts of threatening to infringe upon health or life in order to coerce family members to leave their lawful residences in contravention of law.
- A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for acts of using tools, means or other items causing injury to family members to force family members to illegally leave their lawful residences.
- Remedial measures:
Compulsory public apology when domestic violence victims request at their own homes, workplaces, other places or on the mass media, for the violations specified in Clauses 1, 2 and 3 of this Article.
Article 46. Acts of violence against persons preventing, detecting and reporting domestic violence, persons assisting persons suffering from domestic violence
- A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following acts:
- a) Threatening persons preventing, detecting or reporting domestic violence, persons assisting persons suffering from domestic violence or committing other acts obstructing the detection, reporting, denunciation or prevention of acts of domestic violence;
- b) Insulting the honor and dignity of persons who prevent, detect and report domestic violence or persons who help victims of domestic violence.
- A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for one of the following acts:
- a) Taking revenge or assaulting persons who prevent, detect and report domestic violence or persons who help victims of domestic violence;
- b) Smashing or destroying property of persons preventing, detecting and reporting domestic violence or persons assisting persons suffering from domestic violence but not to the extent of being examined for penal liability.
- Remedial measures:
- a) Forcible restoration of the original state, for the violations specified at Point b, Clause 2 of this Article, except for cases where the property cannot be restored to its original state;
- b) Forcible public apology when persons preventing, detecting or reporting domestic violence or assisting victims of domestic violence request at their own homes, workplaces, other places or on the mass media, for the violations specified in Clauses 1 and 2 of this Article.
Article 47. Acts of inciting, inciting, enticing, enticing, assisting, or coercing others to commit acts of domestic violence
- A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for acts of inciting, instigating, enticing, seducing or assisting others to commit acts of domestic violence.
- A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for acts of forcing others to commit acts of domestic violence.
Article 48. Violations against regulations on prevention, reporting, receipt and handling of reports and denunciations of acts of domestic violence
- A fine of between VND 1,000,000 and VND 4,000,000 shall be imposed for one of the following acts:
- a) Knowing acts of domestic violence and having conditions to prevent them without preventing them;
- b) Knowing acts of domestic violence without reporting them to competent agencies, organizations or persons;
- c) Tolerate or cover up persons who commit acts of domestic violence;
- d) Failing to arrange personnel to be on duty at the National Telephone Switchboard on domestic violence prevention and control 24 hours a day to receive reports and denunciations of acts of domestic violence;
- dd) Failing to properly and fully perform the tasks, processes and regulations on receipt and handling of reports and denunciations of acts of domestic violence through the National Telephone Center for Domestic Violence Prevention and Control.
- A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following acts:
- a) Obstructing the handling of acts of domestic violence;
- b) Failing to handle or improperly handle acts of domestic violence in accordance with the provisions of law;
- c) Failing to comply with the comments and criticisms of persons committing acts of domestic violence in residential communities or failing to perform community service work under decisions of commune-level People’s Committee presidents.
Article 49. Acts of using and disseminating information, documents, images and sounds to incite acts of domestic violence
A fine of between VND 2,000,000 and VND 4,000,000 shall be imposed for acts of using and disseminating information, documents, images and sounds to incite acts of domestic violence.
Article 50. Violations against regulations on disclosure and dissemination of information about domestic violence victims, whistleblowers and denunciators of acts of domestic violence and failing to publicize the price list of paid domestic violence prevention and control assistance services in accordance with law
- A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following acts:
- a) Deliberately disclosing or creating conditions for the perpetrators of acts of violence to know the temporary shelter places of the victims of domestic violence;
- b) Disclosing or disseminating information about the informant or denunciator of acts of domestic violence without the consent of the informant or denunciator of the act of domestic violence or the guardian or legal representative of the person informing or denouncing the act of domestic violence.
- A fine of between VND 4,000,000 and VND 6,000,000 shall be imposed for failing to publicize the price list of domestic violence prevention and control assistance services with a fee as prescribed by law.
Article 51. Acts of taking advantage of domestic violence prevention and control activities to commit illegal acts
- A fine of between VND 2,000,000 and VND 4,000,000 shall be imposed for one of the following acts:
- a) Demanding money from domestic violence victims or family members of domestic violence victims after taking actions to help domestic violence victims or demanding an amount more than the price posted at domestic violence prevention and control assistance establishments;
- b) Requesting payment of living expenses of domestic violence victims at reliable addresses in the community;
- c) Taking advantage of the difficult circumstances of domestic violence victims to request them to commit unlawful acts.
- A fine of between VND 10,000,000 and VND 30,000,000 shall be imposed for one of the following acts:
- a) Establishment of domestic violence prevention and control assistance service providers for profitable operation;
- b) Taking advantage of domestic violence prevention and control activities to commit illegal acts.
- Additional sanctions:
Deprivation of the right to use licenses and practice certificates from 06 months to 12 months for the violations specified in Clause 2 of this Article.
- Remedial measures:
- a) Forcible return of illegal profits obtained from the commission of violations specified at Points a and b, Clause 1; Point a, Clause 2 of this Article;
- b) Forcible public apology at the request of domestic violence victims at their own homes, workplaces, other places or on the mass media, for the violations specified in Clause 1 of this Article.
Article 52. Violations against regulations on registration of contents and scope of operation with state management agencies in charge of domestic violence prevention and control for establishments providing domestic violence prevention and control assistance services
- A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed on domestic violence prevention and control assistance service providers operating outside the scope of their operation registration certificates.
- A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed on domestic violence prevention and control assistance service providers that operate without being granted operation registration certificates or operation registration.
Article 53. Violations against regulations on prohibition of contact under decisions of courts, presidents of commune-level People’s Committees
- A fine of between VND 500,000 and VND 1,000,000 shall be imposed for deliberately approaching a domestic violence victim within 100 m without a partition wall or partition to ensure safety during the execution of the decision on prohibition of contact.
- A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for acts of using telephones, emails or other means and tools to commit acts of domestic violence against persons who are not allowed to be contacted.
- Additional sanctions:
Confiscation of material evidences and means of administrative violations, for violations specified in Clause 2 of this Article.
Chapter III
COMPETENCE TO SANCTION ADMINISTRATIVE VIOLATIONS
Article 54. Competence of the Chairperson of the People’s Committee
- Presidents of commune-level People’s Committees have the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 15,000,000 for acts of administrative violation in the field of domestic violence prevention and control; up to VND 20,000,000 for acts of administrative violation in the field of security, social order and safety; up to VND 37,500,000 for acts of administrative violation in the field of prevention and control of social evils;
- c) Deprivation of the right to use licenses or practice certificates for a definite period or suspension of operation for a definite time;
- d) Confiscate material evidences and means used in administrative violations;
- dd) Apply the remedial measures specified in Clause 3, Article 3 of this Decree.
- Presidents of People’s Committees of provinces and centrally-run cities have the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 30,000,000 for acts of administrative violation in the field of domestic violence prevention and control; up to VND 40,000,000 for acts of administrative violation in the field of security, social order and safety; up to VND 75,000,000 for acts of administrative violation in the field of prevention and control of social evils;
- c) Deprivation of the right to use licenses or practice certificates for a definite period or suspension of operation for a definite time;
- d) Confiscate material evidences and means used in administrative violations;
- dd) Apply the remedial measures specified in Clause 3, Article 3 of this Decree.
Article 55. Competence of the People’s Police
- People’s Public Security soldiers on duty have the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 3,000,000 for acts of administrative violation in the field of domestic violence prevention and control; up to VND 4,000,000 for acts of administrative violation in the field of security, social order and safety; up to VND 7,500,000 for acts of administrative violation in the field of prevention and control of social evils;
- c) Confiscate material evidences and means used in administrative violations with a value not exceeding 02 times the fine level specified at Point b of this Clause.
- Heads of company-level mobile police units have the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 6,000,000 for acts of administrative violation in the field of domestic violence prevention and control; up to VND 8,000,000 for acts of administrative violation in the field of security, social order and safety; up to VND 15,000,000 for acts of administrative violation in the field of prevention and control of social evils;
- c) Confiscate material evidences and means used in administrative violations with a value not exceeding 02 times the fine level specified at Point b of this Clause;
- d) Apply the remedial measures specified at Points a, c and e, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
- Heads of police stations, heads of battalion-level mobile police units, crew leaders, station heads and team leaders have the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 9,000,000 for acts of administrative violation in the field of domestic violence prevention and control; up to VND 12,000,000 for acts of administrative violation in the field of security, social order and safety; up to VND 22,500,000 for acts of administrative violation in the field of prevention and control of social evils;
- c) Deprivation of the right to use licenses or practice certificates for a definite period or suspension of operation for a definite time;
- d) Confiscate material evidences and means used in administrative violations with a value not exceeding 02 times the fine level specified at Point b of this Clause;
- dd) Apply the remedial measures specified at Points a, c and e, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
- Commune-level police chiefs have the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 15,000,000 for acts of administrative violation in the field of domestic violence prevention and control; up to VND 20,000,000 for acts of administrative violation in the field of security, social order and safety; up to VND 37,500,000 for acts of administrative violation in the field of prevention and control of social evils;
- c) Deprivation of the right to use licenses or practice certificates for a definite period or suspension of operation for a definite time;
- d) Confiscate material evidences and means used in administrative violations;
- dd) Apply the remedial measures specified in Clause 3, Article 3 of this Decree.
- The chief of the border-gate police of the international airport; Heads of professional divisions of the Department of Internal Security include: Head of the General Staff Division, Head of the Catholic Security Division, Head of the Security Department of Other Religions, Head of the National Security Division, Head of the Anti-Reactionary Division, Head of the Anti-Terrorism Division, Head of the Social Security Division; Heads of professional divisions of the Department of Internal Political Security include: Heads of Internal Protection Departments of Party and Central State agencies, Heads of Security Divisions of judicial, law-making, central socio-political organizations, Heads of Press and Publication Security Departments, Heads of Health and Education Security Divisions, Heads of Culture, Sports and Social Labor Security Divisions, Heads of Post, Telecommunications and Information Technology Security Divisions, Heads of State Management Divisions for Protection of State Secrets; Heads of professional divisions of the Department of Economic Security include: Heads of Industry and Trade Security Divisions, Heads of Monetary Security Divisions, Heads of Traffic and Construction Security Divisions, Heads of Financial and Investment Security Divisions, Heads of Agriculture, Forestry and Fisheries Security Divisions, Heads of Science, Technology and Natural Resources Security Divisions, environment; Heads of professional divisions of the Police Department for Investigation of Drug-related Crimes include: Heads of Crime Prevention and Investigation Divisions in the field of illegal trading, transportation of narcotics, Heads of Crime Prevention and Investigation Divisions in the field of organizing and harboring illegal use of narcotics, Head of Crime Prevention and Investigation Division in the field of illegal production of narcotics, Head of Crime Prevention and Investigation Division in lawful drug-related activities; Heads of professional divisions of the Police Department for Administrative Management of Social Order, including: Heads of Departments for Guidance and Management of Weapons, Explosives, Combat Gears and Firecrackers, Heads of Departments for Guidance and Management of Conditional Business Lines on Security, Order and Seals, Director of the National Population Data Center; Heads of professional divisions of the Traffic Police Department include: Heads of Traffic Accident Guidance, Investigation and Settlement Department, Heads of Vehicle Guidance, Registration and Inspection Departments, Heads of Guidance, Training, Testing and Management of Licenses of Vehicle Operators, Head of the Department of Guidance for Patrol and Control of Road and Railway Traffic, Head of the Department of Traffic Control and Guidance, Head of the Department of Guidance for Patrol, Control and Combat of Crime on Inland Waterways, Captain of the Crew; Heads of professional divisions of the Fire Prevention and Fighting and Rescue Police Department include: Head of Fire Prevention and Fighting Division, Head of Fire Prevention and Fighting Appraisal and Approval Division, Head of Fire Fighting and Rescue Division, Head of Science and Technology Management and Fire Prevention Equipment Inspection Department, firefighting and rescue and rescue; Heads of professional divisions of the Department of Cyber Security and High-tech Crime Prevention and Combat include: Head of Prevention and Combat of Crimes Using Cyberspace to Infringe on the Economic Management Order, Head of the Prevention and Combat Division of Crimes Using Cyberspace to Infringe on Social Order, Head of the Cyber Information Security Division, Head of the National Information Network System Security Protection Division, Head of the Cyber Information Supervision Division and Prevention and Control of Cyberspace Use Activities Infringing on National Security; Heads of professional divisions of the Immigration Department include: Heads of Entry, Exit and Residence Management Departments of foreigners, Heads of Exit and Entry Management Departments of Vietnamese citizens, Director of the National Aviation Security Center; Heads of professional departments of the National Data Center include: Head of General Staff Department, Head of Application Administration Department, Head of Data Administration Department, Head of System Security and Safety Department, Head of Information Technology System Administration and Operation Department, Head of Data Center Station Administration and Operation Department; The head of the professional division of the Professional Records Department includes: the Director of the Center for Professional Information and Data of the Ministry of Public Security, the Director of the Center for Receiving and Processing Professional Information, the Head of the Informatics Department and managing the professional record database; Heads of regimental mobile police units; Heads of provincial-level Public Security Divisions include: Heads of Internal Security Divisions, Heads of Internal Political Security Divisions, Heads of Police Divisions for Administrative Management of Social Order, Heads of Police Divisions for Investigation of Crimes Against Social Order, Heads of Police Divisions for Investigation of Corruption Crimes, economic, smuggling, environmental, heads of police divisions investigating drug-related crimes, heads of traffic police divisions, heads of mobile police divisions, heads of criminal judgment enforcement and judicial assistance police divisions, heads of police divisions for fire prevention and fighting and rescue and rescue, The Head of the Cyber Security and Hi-tech Crime Prevention and Combat Division, the Head of the Economic Security Division, the Head of the External Security Division, the Head of the Professional Records Division, and the Chief of the Office of the Investigating Police Agency of the Provincial-level Public Security have the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 24,000,000 for acts of administrative violation in the field of domestic violence prevention and control; up to VND 32,000,000 for acts of administrative violation in the field of security, social order and safety; up to VND 60,000,000 for acts of administrative violation in the field of prevention and control of social evils;
- c) Deprivation of the right to use licenses or practice certificates for a definite period or suspension of operation for a definite time;
- d) Confiscate material evidences and means used in administrative violations;
- dd) Apply the remedial measures specified in Clause 3, Article 3 of this Decree.
- The head of the Immigration Management Division of the provincial-level Police has the sanctioning competence as prescribed in Clause 5 of this Article and has the right to decide on the application of the expulsion sanction.
- Directors of provincial-level Police Departments have the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 30,000,000 for acts of administrative violation in the field of domestic violence prevention and control; up to VND 40,000,000 for acts of administrative violation in the field of security, social order and safety; up to VND 75,000,000 for acts of administrative violation in the field of prevention and control of social evils;
- c) Deprivation of the right to use licenses or practice certificates for a definite period or suspension of operation for a definite time;
- d) Confiscate material evidences and means used in administrative violations;
- dd) Apply the sanctioning form of expulsion;
- e) Apply the remedial measures specified in Clause 3, Article 3 of this Decree.
- The Director of the Internal Political Security Department, the Director of the Economic Security Department, the Chief of the Office of the Investigating Police Agency of the Ministry of Public Security, the Director of the Police Department for Administrative Management of Social Order, the Director of the Police Department for Investigation of Social Order Crimes, the Director of the Police Department for Investigation of Corruption, Economic and Smuggling Crimes, the Director of the Police Department for Investigation of Drug-related Crimes, the Director of the Traffic Police Department, the Director of the Fire Prevention and Fighting and Rescue Police Department, the Director of the Police Department for Prevention and Combat of Environmental Crimes, Director of the Department of Cyber Security and High-tech Crime Prevention and Combat, Director of the Department of Internal Security, Director of the Police Department for Management of Temporary Detention, Detention and Enforcement of Criminal Judgments in the Community, Commander of the Mobile Police, Director of the National Data Center, The Director of the Professional Records Department has the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 30,000,000 for acts of administrative violation in the field of domestic violence prevention and control; up to VND 40,000,000 for acts of administrative violation in the field of security, social order and safety; up to VND 75,000,000 for acts of administrative violation in the field of prevention and control of social evils;
- c) Deprivation of the right to use licenses or practice certificates for a definite period or suspension of operation for a definite time;
- d) Confiscate material evidences and means used in administrative violations;
- dd) Apply the remedial measures specified in Clause 3, Article 3 of this Decree.
- The Director of the Immigration Department has the competence to impose penalties under the provisions of Clause 8 of this Article and has the right to decide on the application of the sanctioning form of expulsion.
Article 56. Competence of the Border Guard
- Border Guard soldiers on duty have the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 1,500,000 for acts of administrative violation in the field of domestic violence prevention and control; up to VND 2,000,000 for acts of administrative violation in the field of security, social order and safety; up to VND 3,750,000 for acts of administrative violation in the field of prevention and control of social evils;
- c) Confiscate material evidences and means used in administrative violations with a value not exceeding 02 times the fine level specified at Point b of this Clause.
- Station chiefs and team leaders of persons specified in Clause 1 of this Article have the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 3,000,000 for acts of administrative violation in the field of domestic violence prevention and control; up to VND 4,000,000 for acts of administrative violation in the field of security, social order and safety; up to VND 7,500,000 for acts of administrative violation in the field of prevention and control of social evils;
- c) Confiscate material evidences and means used in administrative violations with a value not exceeding 02 times the fine level specified at Point b of this Clause;
- d) Apply the remedial measures specified at Points a, c and e, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
- The head of the drug and crime prevention task force of the drug and crime prevention task force has the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 4,500,000 for acts of administrative violation in the field of domestic violence prevention and control; up to VND 6,000,000 for acts of administrative violation in the field of security, social order and safety; up to VND 11,250,000 for acts of administrative violation in the field of prevention and control of social evils;
- c) Confiscate material evidences and means used in administrative violations with a value not exceeding 02 times the fine level specified at Point b of this Clause;
- d) Apply the remedial measures specified at Points a, c and e, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
- The commander of the border guard station, the commander of the border guard flotilla and the commander of the port border guard command board have the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 9,000,000 for acts of administrative violation in the field of domestic violence prevention and control; up to VND 12,000,000 for acts of administrative violation in the field of security, social order and safety; up to VND 22,500,000 for acts of administrative violation in the field of prevention and control of social evils;
- c) Confiscate material evidences and means used in administrative violations with a value not exceeding 02 times the fine level specified at Point b of this Clause;
- d) Apply the remedial measures specified in Clause 3, Article 3 of this Decree.
- The head of the Drug and Crime Prevention and Control Task Force under the Drug and Crime Prevention and Control Department of the Border Guard Command has the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 15,000,000 for acts of administrative violation in the field of domestic violence prevention and control; up to VND 20,000,000 for acts of administrative violation in the field of security, social order and safety; up to VND 37,500,000 for acts of administrative violation in the field of prevention and control of social evils;
- c) Deprivation of the right to use licenses or practice certificates for a definite period or suspension of operation for a definite time;
- d) Confiscate material evidences and means used in administrative violations;
- dd) Apply the remedial measures specified in Clause 3, Article 3 of this Decree.
- The Commander of the Border Guard Command, the Commander of the Border Guard Flotilla and the Director of the Drug and Crime Prevention Department of the Border Guard Command have the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 30,000,000 for acts of administrative violation in the field of domestic violence prevention and control; up to VND 40,000,000 for acts of administrative violation in the field of security, social order and safety; up to VND 75,000,000 for acts of administrative violation in the field of prevention and control of social evils;
- c) Deprivation of the right to use licenses or practice certificates for a definite period or suspension of operation for a definite time;
- d) Confiscate material evidences and means used in administrative violations;
- dd) Apply the remedial measures specified in Clause 3, Article 3 of this Decree.
Article 57. Jurisdiction of the Coast Guard
- Coast Guard officers on duty have the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 1,500,000 for acts of administrative violation in the field of domestic violence prevention and control; up to VND 2,000,000 for acts of administrative violation in the field of security, social order and safety; up to VND 3,750,000 for acts of administrative violation in the field of prevention and control of social evils;
- c) Confiscate material evidences and means used in administrative violations with a value not exceeding 02 times the fine level specified at Point b of this Clause.
- The head of the Coast Guard operation team has the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 3,000,000 for acts of administrative violation in the field of domestic violence prevention and control; up to VND 4,000,000 for acts of administrative violation in the field of security, social order and safety; up to VND 7,500,000 for acts of administrative violation in the field of prevention and control of social evils;
- c) Confiscate material evidences and means used in administrative violations with a value not exceeding 02 times the fine level specified at Point b of this Clause.
- The captain of the Coast Guard operation team and the head of the Coast Guard station have the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 6,000,000 for acts of administrative violation in the field of domestic violence prevention and control; up to VND 8,000,000 for acts of administrative violation in the field of security, social order and safety; up to VND 15,000,000 for acts of administrative violation in the field of prevention and control of social evils;
- c) Confiscate material evidences and means used in administrative violations with a value not exceeding 02 times the fine level specified at Point b of this Clause;
- d) Apply the remedial measures specified at Points a, c and e, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
- The captain of the Coast Guard flotilla has the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 9,000,000 for acts of administrative violation in the field of domestic violence prevention and control; up to VND 12,000,000 for acts of administrative violation in the field of security, social order and safety; up to VND 22,500,000 for acts of administrative violation in the field of prevention and control of social evils;
- c) Confiscate material evidences and means used in administrative violations with a value not exceeding 02 times the fine level specified at Point b of this Clause;
- d) Apply the remedial measures specified in Clause 3, Article 3 of this Decree.
- Commander of the Coast Guard Fleet; Heads of reconnaissance teams and heads of drug crime prevention and combat task forces of the Vietnam Coast Guard have the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 15,000,000 for acts of administrative violation in the field of domestic violence prevention and control; up to VND 20,000,000 for acts of administrative violation in the field of security, social order and safety; up to VND 37,500,000 for acts of administrative violation in the field of prevention and control of social evils;
- c) Deprivation of the right to use licenses or practice certificates for a definite period or suspension of operation for a definite time;
- d) Confiscate material evidences and means used in administrative violations;
- dd) Apply the remedial measures specified in Clause 3, Article 3 of this Decree.
- The Commander of the Coast Guard Region and the Director of the Professional and Legal Department of the Vietnam Coast Guard have the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 24,000,000 for acts of administrative violation in the field of domestic violence prevention and control; up to VND 32,000,000 for acts of administrative violation in the field of security, social order and safety; up to VND 60,000,000 for acts of administrative violation in the field of prevention and control of social evils;
- c) Deprivation of the right to use licenses or practice certificates for a definite period;
- d) Confiscate material evidences and means used in administrative violations;
- dd) Apply the remedial measures specified in Clause 3, Article 3 of this Decree.
- The Commander of the Vietnam Coast Guard has the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 30,000,000 for acts of administrative violation in the field of domestic violence prevention and control; up to VND 40,000,000 for acts of administrative violation in the field of security, social order and safety; up to VND 75,000,000 for acts of administrative violation in the field of prevention and control of social evils;
- c) Deprivation of the right to use licenses or practice certificates for a definite period or suspension of operation for a definite time;
- d) Confiscate material evidences and means used in administrative violations;
- dd) Apply the remedial measures specified in Clause 3, Article 3 of this Decree.
Article 58. Jurisdiction of the Customs
- Customs officers on duty have the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 2,000,000 for acts of administrative violation in the field of security, social order and safety; up to VND 3,750,000 for acts of administrative violation in the field of prevention and control of social evils;
- c) Confiscate material evidences and means used in administrative violations with a value not exceeding 02 times the fine level specified at Point b of this Clause.
- Heads of border-gate/off-border gate customs teams, heads of post-clearance review and inspection teams, heads of customs clearance teams, heads of customs control teams of regional Customs Sub-Departments, heads of anti-smuggling control teams of Anti-Smuggling Investigation Sub-Departments; The head of the post-customs clearance inspection team of the area under the Sub-Department of Post-customs clearance inspection has the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 12,000,000 for acts of administrative violation in the field of security, social order and safety; up to VND 22,500,000 for acts of administrative violation in the field of prevention and control of social evils;
- c) Confiscate material evidences and means used in administrative violations with a value not exceeding 02 times the fine level specified at Point b of this Clause;
- d) Apply the remedial measures specified in Clause 3, Article 3 of this Decree.
- Directors of Sub-Departments of Anti-Smuggling Investigation, Directors of Sub-Departments of Post-Customs Clearance Inspection and Directors of Regional Customs Sub-Departments have the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 20,000,000 for acts of administrative violation in the field of security, social order and safety; up to VND 37,500,000 for acts of administrative violation in the field of prevention and control of social evils;
- c) Deprivation of the right to use licenses or practice certificates for a definite period or suspension of operation for a definite time;
- d) Confiscate material evidences and means used in administrative violations;
- dd) Apply the remedial measures specified in Clause 3, Article 3 of this Decree.
- The Director of the Customs Department has the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 40,000,000 for acts of administrative violation in the field of security, social order and safety; up to VND 75,000,000 for acts of administrative violation in the field of prevention and control of social evils;
- c) Deprivation of the right to use licenses or practice certificates for a definite period or suspension of operation for a definite time;
- d) Confiscate material evidences and means used in administrative violations;
- dd) Apply the remedial measures specified in Clause 3, Article 3 of this Decree.
Article 59. Competence of the Forest Ranger
- Forest rangers on duty have the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 2,000,000 for acts of administrative violation in the field of security, social order and safety;
- c) Confiscate material evidences and means used in administrative violations with a value not exceeding 02 times the fine level specified at Point b of this Clause.
- The chief of the forest protection station has the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 8,000,000 for acts of administrative violation in the field of security, social order and safety;
- c) Confiscate material evidences and means used in administrative violations with a value not exceeding 02 times the fine level specified at Point b of this Clause;
- d) Apply the remedial measures specified in Clause 3, Article 3 of this Decree.
- Heads of Forest Ranger Districts and Heads of Mobile Forest Rangers and Forest Fire Prevention and Fighting Teams have the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 12,000,000 for acts of administrative violation in the field of security, social order and safety;
- c) Confiscate material evidences and means used in administrative violations with a value not exceeding 02 times the fine level specified at Point b of this Clause;
- d) Apply the remedial measures specified in Clause 3, Article 3 of this Decree.
- Directors of Regional Forest Protection Sub-Departments, Heads of Special Forest Protection Teams of Forestry and Forest Protection Departments, Directors of Forestry and Forest Protection Sub-Departments of provincial-level Agriculture and Environment Departments have the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 20,000,000 for acts of administrative violation in the field of security, social order and safety;
- c) Deprivation of the right to use licenses or practice certificates for a definite period or suspension of operation for a definite time;
- d) Confiscate material evidences and means used in administrative violations;
- dd) Apply the remedial measures specified in Clause 3, Article 3 of this Decree.
- The Director of the Department of Forestry and Forest Protection has the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 40,000,000 for acts of administrative violation in the field of security, social order and safety;
- c) Deprivation of the right to use licenses or practice certificates for a definite period or suspension of operation for a definite time;
- d) Confiscate material evidences and means used in administrative violations;
- dd) Apply the remedial measures specified in Clause 3, Article 3 of this Decree.
Article 60. Competence of Fisheries Surveillance
- Fishery inspectors on duty have the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 2,000,000 for acts of administrative violation in the field of security, social order and safety;
- c) Confiscate material evidences and means used in administrative violations with a value not exceeding 02 times the fine level specified at Point b of this Clause.
- Heads of fishery surveillance stations under regional Fisheries Surveillance Sub-Departments have the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 8,000,000 for acts of administrative violation in the field of security, social order and safety;
- c) Confiscate material evidences and means used in administrative violations with a value not exceeding 02 times the fine level specified at Point b of this Clause;
- d) Apply the remedial measures specified at Points a, e and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Point b, Clause 3, Article 3 of this Decree.
- Directors of Regional Fisheries Surveillance Sub-Departments of the Fisheries and Fisheries Surveillance Departments; The Director of the Sub-Department in the field of fisheries and fishery control under the Department of Agriculture and Environment has the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 20,000,000 for acts of administrative violation in the field of security, social order and safety;
- c) Deprivation of the right to use licenses or practice certificates for a definite period or suspension of operation for a definite time;
- d) Confiscate material evidences and means used in administrative violations;
- dd) Apply the remedial measures specified in Clause 3, Article 3 of this Decree.
- The Director of the Department of Fisheries and Fisheries Surveillance has the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 40,000,000 for acts of administrative violation in the field of security, social order and safety;
- c) Deprivation of the right to use licenses or practice certificates for a definite period or suspension of operation for a definite time;
- d) Confiscate material evidences and means used in administrative violations;
- dd) Apply the remedial measures specified in Clause 3, Article 3 of this Decree.
Article 61. Competence of Market Surveillance
- Market controllers on duty have the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 4,000,000 for acts of administrative violation in the field of security, social order and safety;
- c) Confiscate material evidences and means used in administrative violations with a value not exceeding 02 times the fine level specified at Point b of this Clause.
- The head of the market surveillance team of the Market Surveillance Sub-Department of the Department of Industry and Trade has the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 12,000,000 for acts of administrative violation in the field of security, social order and safety;
- c) Confiscate material evidences and means used in administrative violations with a value not exceeding 02 times the fine level specified at Point b of this Clause;
- d) Apply the remedial measures specified in Clause 3, Article 3 of this Decree.
- Directors of Market Surveillance Sub-Departments, Heads of Market Surveillance Operations Divisions of the Domestic Market Surveillance and Development Department:
- a) Impose a warning;
- b) Impose fines of up to VND 20,000,000 for acts of administrative violation in the field of security, social order and safety;
- c) Deprivation of the right to use licenses or practice certificates for a definite period or suspension of operation for a definite time;
- d) Confiscate material evidences and means used in administrative violations;
- dd) Apply the remedial measures specified in Clause 3, Article 3 of this Decree.
- The Director of the Domestic Market Management and Development Department has the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 40,000,000 for acts of administrative violation in the field of security, social order and safety;
- c) Deprivation of the right to use licenses or practice certificates for a definite period or suspension of operation for a definite time;
- d) Confiscate material evidences and means used in administrative violations;
- dd) Apply the remedial measures specified in Clause 3, Article 3 of this Decree.
Article 62. Competence of the Inspectorate
- Inspectors of ministries and ministerial-level agencies: National Defense, Public Security and the State Bank of Vietnam; Inspectors of the Government Cipher Board, the Department of Radiation and Nuclear Safety, the Vietnam Maritime and Waterways Administration, the Civil Aviation Authority of Vietnam and the State Securities Commission have the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 3,000,000 for acts of administrative violation in the field of domestic violence prevention and control; up to VND 4,000,000 for acts of administrative violation in the field of security, social order and safety; up to VND 7,500,000 for acts of administrative violation in the field of prevention and control of social evils;
- c) Confiscate material evidences and means used in administrative violations with a value not exceeding 02 times the fine level specified at Point b of this Clause.
- Heads of inspection teams of agencies: Radiation and Nuclear Safety Department, Vietnam Maritime and Waterway Administration, Civil Aviation Authority of Vietnam, State Securities Commission, regional State Banks, Police Departments managing prisons, compulsory education institutions, reformatories, etc the Fire Prevention and Fighting and Rescue Police Department, the Provincial Police, the Government Cipher Committee; The head of the inspection team at the military zone level, the Hanoi Capital Command has the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 15,000,000 for acts of administrative violation in the field of domestic violence prevention and control; up to VND 20,000,000 for acts of administrative violation in the field of security, social order and safety; up to VND 37,500,000 for acts of administrative violation in the field of prevention and control of social evils;
- c) Confiscate material evidences and means used in administrative violations;
- d) Apply the remedial measures specified in Clause 3, Article 3 of this Decree.
- The Chief Inspector of Ciphers; Chief Inspector of the Department of Radiation and Nuclear Safety; Chief Inspector of the Vietnam Maritime and Waterways Administration; Chief Inspector of the Civil Aviation Authority of Vietnam; Chief Inspector of the State Securities Commission; Chief Inspector of National Defense of the Military Zone; Chief Defense Inspector of Hanoi Capital Command; Chief Inspector of the State Bank of the region; Chief Inspectors of Police Departments managing prisons, compulsory education institutions and reformatory schools; Chief Inspector of the Fire Prevention and Fighting and Rescue Police Department; Chief Inspectors of provincial-level Police have the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 24,000,000 for acts of administrative violation in the field of domestic violence prevention and control; up to VND 32,000,000 for acts of administrative violation in the field of security, social order and safety; up to VND 60,000,000 for acts of administrative violation in the field of prevention and control of social evils;
- c) Deprivation of the right to use licenses or practice certificates for a definite period or suspension of operation for a definite time;
- d) Confiscate material evidences and means used in administrative violations;
- dd) Apply the remedial measures specified in Clause 3, Article 3 of this Decree.
- Chief Inspectors of ministries and ministerial-level agencies: National Defense, Public Security and the State Bank of Vietnam; Heads of inspection teams established by the Chief Inspectors of ministries and ministerial-level agencies such as National Defense, Public Security and the State Bank of Vietnam have the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 30,000,000 for acts of administrative violation in the field of domestic violence prevention and control; up to VND 40,000,000 for acts of administrative violation in the field of security, social order and safety; up to VND 75,000,000 for acts of administrative violation in the field of prevention and control of social evils;
- c) Deprivation of the right to use licenses or practice certificates for a definite period or suspension of operation for a definite time;
- d) Confiscate material evidences and means used in administrative violations;
- dd) Apply the remedial measures specified in Clause 3, Article 3 of this Decree.
Article 63. Competence of diplomatic missions, consular offices and other agencies authorized to perform consular functions of the Socialist Republic of Vietnam abroad
Heads of diplomatic missions, consular offices and other agencies authorized to perform consular functions of the Socialist Republic of Vietnam in foreign countries have the right to:
- Impose a warning.
- Impose fines of up to VND 40,000,000 for acts of administrative violation in the field of security, social order and safety.
- Confiscation of material evidences and means used in administrative violations.
- Apply the remedial measures specified in Clause 3, Article 3 of this Decree.
Article 64. Principles for determination and delimitation of sanctioning competence
- The competence to sanction administrative violations of competent persons specified in Articles 54, 55, 56, 57, 58, 59, 60, 61, 62 and 63 of this Decree is the competence to apply to an act of administrative violation committed by an individual. In case of fines, the sanctioning competence for organizations is 02 times the sanctioning competence for individuals.
- Presidents of People’s Committees at all levels are competent to sanction administrative violations and apply remedial measures for acts of administrative violation specified in Chapter II of this Decree according to their competence specified in Article 54 of this Decree and their functions, assigned tasks and powers.
- Persons with sanctioning competence of the People’s Public Security are competent to sanction administrative violations and apply remedial measures for administrative violations specified in Chapter II of this Decree according to their competence specified in Article 55 of this Decree and their functions, assigned tasks and powers in the domains and areas under their management.
- Persons with sanctioning competence of the Border Guard are competent to sanction administrative violations and apply remedial measures for acts of administrative violation specified in Articles 8, 9, 10, 11, 12, 13 and 14; Clause 2, Article 17; Articles 18, 20, 21, 22 and 26; Articles in Sections 2 and 3, Chapter II of this Decree according to the competence specified in Article 56 of this Decree within the scope and domains of their management, in accordance with their assigned functions, tasks, powers and geographical areas.
- Persons with sanctioning competence of the Coast Guard shall have the competence to sanction administrative violations and apply remedial measures for acts of administrative violation specified in Article 8; Point a Clause 1, Points a, b and c Clause 2, Point a Clause 4 Article 11; Articles 12, 13, 14, 18; Clause 1, Article 23; Article 24; Article 26; Articles in Sections 2 and 3, Chapter II of this Decree according to the competence specified in Article 57 of this Decree and their assigned functions, tasks, powers and areas in the sea area.
- Persons with sanctioning competence of customs offices are competent to sanction administrative violations and apply remedial measures for acts of administrative violation specified at Points c and dd, Clause 3, Point c, Clause 4, Article 8; Articles 12, 13, 14; Point n, Clause 3, Article 15; Articles 21, 26 and 30 of this Decree according to the competence specified in Article 58 of this Decree and their assigned functions, tasks and powers.
- Persons with sanctioning competence of Forest Rangers and Fishery Surveillance are competent to sanction administrative violations and apply remedial measures for administrative violations specified in Article 26 of this Decree according to their competence specified in Articles 59 and 60 of this Decree and their functions, assigned tasks and powers.
- Heads of diplomatic missions, consular offices and other agencies authorized to perform consular functions of the Socialist Republic of Vietnam in foreign countries are competent to sanction administrative violations and apply remedial measures for acts of administrative violation specified in Articles 21 and 26 This Decree shall comply with the competence specified in Article 63 of this Decree and its assigned functions, tasks and powers.
- Persons with sanctioning competence of the Inspectorate are competent to sanction administrative violations and apply remedial measures for acts of administrative violation specified in Articles 8, 26 and 29; Articles in Sections 2 and 3, Chapter II of this Decree according to the competence specified in Article 62 of this Decree and their assigned functions, tasks and powers.
- Persons with sanctioning competence of market surveillance are competent to sanction administrative violations and apply remedial measures for acts of administrative violations specified in Articles 12, 13, 14, 23 and 24 of this Decree according to their competence specified in Article 61 of this Decree and their functions, assigned tasks and powers.
Article 65. Competence to make records of administrative violations
- Persons competent to sanction administrative violations specified in Articles 54, 55, 56, 57, 58, 59, 60, 61, 62 and 63 of this Decree are competent to make records of administrative violations.
- Competent persons, persons assigned to perform inspection tasks, persons of the People’s Police force who are performing official duties or tasks according to their assigned functions, tasks and powers are competent to make records of administrative violations.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 66. Amending and supplementing a number of articles of the Government’s Decree No. 142/2021/ND-CP dated December 31, 2021 stipulating forms of sanctioning expulsion, measures of temporary detention of persons, escorting violators according to administrative procedures and management of foreigners who violate Vietnamese law during the period of carrying out expulsion procedures
- Point a, Clause 2, Article 7 is amended as follows:
“a) Fully comply with the provisions stated in the decision on sanctioning of administrative violations with the application of the sanctioning form of expulsion, except for the case specified in Clause 4, Article 10 of this Decree;”.
- Clause 4 of Article 10 is amended as follows:
“4. The execution of the Decision on application of the sanctioning form of expulsion to foreigners who commit administrative violations in cases specified as additional sanctions specified in Clause 2, Article 21 of the Law on Handling of Administrative Violations shall comply with the provisions of Clause 1, 2, 3 This. In case a decision on sanctioning an administrative violation has the main sanctioning form of a fine and the additional sanctioning form of expulsion, procedures for organizing the execution of decisions on sanctioning of administrative violations must be carried out in accordance with the provisions of the Law on Handling of Administrative Violations and the Decree detailing the implementation of the Law on Handling of Administrative Violations. When carrying out the procedures for coercive enforcement of decisions on sanctioning of administrative violations as prescribed, but the violators do not have assets or are financially capable of imposing fines in the sanctioning decisions and need to meet the requirements of ensuring national security. social order and safety, the sanctioning form of expulsion shall be immediately enforced and the coercion shall be terminated after the sanctioning form of expulsion is completed.”.
Article 67. Amending and supplementing Article 34 of the Government’s Decree No. 162/2018/ND-CP dated November 30, 2018 stipulating penalties for administrative violations in the field of civil aviation (amended and supplemented in the Government’s Decree No. 123/2021/ND-CP dated December 28, 2021)
“Article 34. Competence of the People’s Police
- People’s Public Security soldiers on duty have the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 10,000,000;
- c) Confiscate material evidences and means used in administrative violations with a value not exceeding 02 times the fine level specified at Point b of this Clause.
- Heads of company-level mobile police units have the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 20,000,000;
- c) Confiscate material evidences and means used in administrative violations with a value not exceeding 02 times the fine level specified at Point b of this Clause;
- d) Apply the remedial measures specified at Points c and dd, Clause 3, Article 4 of this Decree.
- Heads of police stations, heads of battalion-level mobile police units, station heads and team leaders have the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 30,000,000;
- c) Deprivation of the right to use licenses or practice certificates for a definite period or suspension of operation for a definite time;
- d) Confiscate material evidences and means used in administrative violations with a value not exceeding 02 times the fine level specified at Point b of this Clause;
- dd) Apply the remedial measures specified at Points c and dd, Clause 3, Article 4 of this Decree.
- Commune-level police chiefs have the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 50,000,000;
- c) Deprivation of the right to use licenses or practice certificates for a definite period or suspension of operation for a definite time;
- d) Confiscate material evidences and means used in administrative violations;
- dd) Apply the remedial measures specified in Clause 3, Article 4 of this Decree.
- The chief of the border-gate police of the international airport; Head of the Professional Department of the Police Department for Administrative Management of Social Order; Head of the professional department of the Traffic Police Department; Head of the professional division of the Fire Prevention and Fighting and Rescue Police Department; Head of the Operations Department of the Immigration Department; Heads of regimental mobile police units; Heads of provincial-level Public Security Divisions include: Heads of Police Divisions for Administrative Management of Social Order, Heads of Police Divisions for Investigation of Crimes Against Social Order, Heads of Traffic Police Divisions, Heads of Mobile Police Divisions, Heads of Police Divisions for Investigation of Corruption Crimes, etc the Head of the Fire Prevention and Fighting and Rescue Police Division, the Head of the Mobile Police Division has the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 80,000,000;
- c) Deprivation of the right to use licenses or practice certificates for a definite period or suspension of operation for a definite time;
- d) Confiscate material evidences and means used in administrative violations;
- dd) Apply the remedial measures specified in Clause 3, Article 4 of this Decree.
- The head of the Immigration Management Division of the provincial-level Police has the sanctioning competence as prescribed in Clause 5 of this Article and has the right to decide on the application of the expulsion sanction.
- Directors of provincial-level Police Departments have the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 100,000,000;
- c) Deprivation of the right to use licenses or practice certificates for a definite period or suspension of operation for a definite time;
- d) Confiscate material evidences and means used in administrative violations;
- dd) Apply the sanctioning form of expulsion;
- e) Apply the remedial measures specified in Clause 3, Article 4 of this Decree.
- The Director of the Police Department for Administrative Management of Social Order, the Director of the Police Department for Investigation of Crimes Against Social Order, the Director of the Traffic Police Department, the Director of the Fire Prevention and Fighting and Rescue Police Department, the Director of the Police Department for Prevention and Fighting and Rescue fighting environmental crimes, the Director of the Department of Internal Security, the Commander of the Mobile Police has the right to:
- a) Impose a warning;
- b) Impose fines of up to VND 100,000,000;
- c) Deprivation of the right to use licenses or practice certificates for a definite period or suspension of operation for a definite time;
- d) Confiscate material evidences and means used in administrative violations;
- dd) Apply the remedial measures specified in Clause 3, Article 4 of this Decree.
- The Director of the Immigration Department has the competence to impose penalties under the provisions of Clause 8 of this Article and has the right to decide on the application of the sanctioning form of expulsion.
- The People’s Public Security Force has the right to sanction administrative violations in the field of civil aviation in the following cases:
- a) Acts of administrative violation detected in the course of implementation of emergency plans;
- b) Acts of administrative violations in the field of civil aviation on security, social order and safety in public areas at airports and airfields or transferred by agencies in the civil aviation sector;
- c) Violations specified in Articles 25, 26 and 27 of this Decree.”.
Article 68. Amending and supplementing a number of articles of the Government’s Decree No. 189/2025/ND-CP dated July 1, 2025 detailing the Law on Handling of Administrative Violations on the competence to sanction administrative violations
- To amend and supplement the first paragraph of Clause 5, Article 8 as follows:
“5. The chief of the border-gate police of the international airport; Heads of professional divisions of the Department of Internal Security include: Head of the General Staff Division, Head of the Catholic Security Division, Head of the Security Department of Other Religions, Head of the National Security Division, Head of the Anti-Reactionary Division, Head of the Anti-Terrorism Division, Head of the Social Security Division; Heads of professional divisions of the Department of Internal Political Security include: Heads of Internal Protection Departments of Party and Central State agencies, Heads of Security Divisions of judicial, law-making, central socio-political organizations, Heads of Press and Publication Security Departments, Heads of Health and Education Security Divisions, Heads of Culture, Sports and Social Labor Security Divisions, Heads of Post, Telecommunications and Information Technology Security Divisions, Heads of State Management Divisions for Protection of State Secrets; Heads of professional divisions of the Department of Economic Security include: Heads of Industry and Trade Security Divisions, Heads of Monetary Security Divisions, Heads of Traffic and Construction Security Divisions, Heads of Financial and Investment Security Divisions, Heads of Agriculture, Forestry and Fisheries Security Divisions, Heads of Science, Technology and Natural Resources Security Divisions, environment; Heads of professional divisions of the Police Department for Investigation of Drug-related Crimes include: Heads of Crime Prevention and Investigation Divisions in the field of illegal trading, transportation of narcotics, Heads of Crime Prevention and Investigation Divisions in the field of organizing and harboring illegal use of narcotics, Head of Crime Prevention and Investigation Division in the field of illegal production of narcotics, Head of Crime Prevention and Investigation Division in lawful drug-related activities; Heads of professional divisions of the Police Department for Administrative Management of Social Order, including: Heads of Departments for Guidance and Management of Weapons, Explosives, Combat Gears and Firecrackers, Heads of Departments for Guidance and Management of Conditional Business Lines on Security, Order and Seals, Director of the National Population Data Center; Heads of professional divisions of the Traffic Police Department include: Heads of Traffic Accident Guidance, Investigation and Settlement Department, Heads of Vehicle Guidance, Registration and Inspection Departments, Heads of Guidance, Training, Testing and Management of Licenses of Vehicle Operators, Head of the Department of Guidance for Patrol and Control of Road and Railway Traffic, Head of the Department of Traffic Control and Guidance, Head of the Department of Guidance for Patrol, Control and Combat of Crime on Inland Waterways, Captain of the Crew; Heads of professional divisions of the Fire Prevention and Fighting and Rescue Police Department include: Head of Fire Prevention and Fighting Division, Head of Fire Prevention and Fighting Appraisal and Approval Division, Head of Fire Fighting and Rescue Division, Head of Science and Technology Management and Fire Prevention Equipment Inspection Department, firefighting and rescue and rescue; Heads of professional divisions of the Department of Cyber Security and High-tech Crime Prevention and Combat include: Head of Prevention and Combat of Crimes Using Cyberspace to Infringe on the Economic Management Order, Head of the Prevention and Combat Division of Crimes Using Cyberspace to Infringe on Social Order, Head of the Cyber Information Security Division, Head of the National Information Network System Security Protection Division, Head of the Cyber Information Supervision Division and Prevention and Control of Cyberspace Use Activities Infringing on National Security; Heads of professional divisions of the Immigration Department include: Heads of Entry, Exit and Residence Management Departments of foreigners, Heads of Exit and Entry Management Departments of Vietnamese citizens, Director of the National Aviation Security Center; Heads of professional departments of the National Data Center include: Head of General Staff Department, Head of Application Administration Department, Head of Data Administration Department, Head of System Security and Safety Department, Head of Information Technology System Administration and Operation Department, Head of Data Center Station Administration and Operation Department; The head of the professional division of the Professional Records Department includes: the Director of the Center for Professional Information and Data of the Ministry of Public Security, the Director of the Center for Receiving and Processing Professional Information, the Head of the Informatics Department and managing the professional record database; Heads of regimental mobile police units; Heads of provincial-level Public Security Divisions include: Heads of Internal Security Divisions, Heads of Internal Political Security Divisions, Heads of Police Divisions for Administrative Management of Social Order, Heads of Police Divisions for Investigation of Crimes Against Social Order, Heads of Police Divisions for Investigation of Corruption Crimes, economic, smuggling, environmental, heads of police divisions investigating drug-related crimes, heads of traffic police divisions, heads of mobile police divisions, heads of criminal judgment enforcement and judicial assistance police divisions, heads of police divisions for fire prevention and fighting and rescue and rescue, The Head of the Cyber Security and Hi-tech Crime Prevention and Combat Division, the Head of the Economic Security Division, the Head of the External Security Division, the Head of the Professional Records Department, the Chief of the Office of the Investigating Police Agency of the Provincial Public Security have the right to:”.
- To amend and supplement the first paragraph of Clause 8, Article 8 as follows:
“8. The Director of the Internal Political Security Department, the Director of the Economic Security Department, the Chief of the Office of the Investigating Police Agency of the Ministry of Public Security, the Director of the Police Department for Administrative Management of Social Order, the Director of the Police Department for Investigation of Social Order-related Crimes, the Director of the Police Department for Investigation of Corruption, Economic and Smuggling Crimes, the Director of the Police Department for Investigation of Drug-related Crimes, the Director of the Traffic Police Department, the Director of the Fire Prevention and Fighting and Rescue Police Department, the Director of the Police Department for Prevention and Combat of Environmental Crimes, Director of the Department of Cyber Security and High-tech Crime Prevention and Combat, Director of the Department of Internal Security, Director of the Police Department for Management of Temporary Detention, Detention and Enforcement of Criminal Judgments in the Community, Commander of the Mobile Police, Director of the National Data Center, The Director of the Department of Professional Records has the right to:”.
Article 69. Enforcement effect
- This Decree takes effect from December 15, 2025, except for the case specified in Clause 2 of this Article.
- The provisions of Article 14 of this Decree take effect from January 01, 2026.
- In case the legal documents referred to in this Decree are amended, supplemented or replaced, the referenced contents shall comply with the amended, supplemented or replaced legal documents.
- This Decree replaces the Government’s Decree No. 144/2021/ND-CP dated December 31, 2021 on sanctioning administrative violations in the field of security, social order and safety; prevention and control of social evils; fire prevention and fighting; rescue and rescue; prevention and control of domestic violence.
- To annul Article 47 of the Government’s Decree No. 82/2020/ND-CP dated July 15, 2020 on sanctioning administrative violations in the field of judicial assistance; judicial administration; marriage and family; civil judgment enforcement; bankruptcy of enterprises and cooperatives (amended and supplemented in Decree No. 117/2024/ND-CP dated September 18, 2024 of the Government).
Article 70. Transitional provisions
- For acts of administrative violation in the field of security, social order and safety; prevention and control of social evils; domestic violence prevention and control; which occur and terminate before the effective date of this Decree and are detected or are being considered and settled when this Decree takes effect, the Government’s Decree on sanctioning of administrative violations and relevant legal documents in force at the time of committing the acts of violation shall be applied in order to handle.
- For acts of administrative violation in the domain of security, social order and safety; prevention and control of social evils; domestic violence prevention and control; civil aviation that occurs before the effective date of this Decree but is still taking place when this Decree takes effect, the provisions of this Decree shall be handled.
- For decisions on sanctioning of administrative violations which have been issued or have been fully implemented before the effective date of this Decree and the individuals or organizations sanctioned for administrative violations still lodge complaints, the provisions of the Law on Handling of Administrative Violations shall apply. The Government’s Decree on sanctioning of administrative violations and relevant legal documents takes effect at the time of issuance of decisions on sanctioning administrative violations for handling.
Article 71. Implementation responsibilities
- The Minister of Public Security shall guide, inspect, urge and organize the implementation of this Decree.
- Ministers, heads of ministerial-level agencies, heads of government-attached agencies, presidents of provincial-level People’s Committees and relevant organizations and individuals shall implement this Decree.
Recipients: |
TM. GOVERNMENTPRIME minister Pham Minh Chinh |
This translation was prepared by An Law Vietnam, for reference purposes only. Its copyright is owned by An Law Vietnam and is protected under Clause 2, Article 14 of the Law on Intellectual Property. Your comments are always welcome.
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