Nghị định 144/2021/NĐ-CP xử phạt hành chính lĩnh vực an ninh, trật tự, an toàn xã hội

SECTION 2. ADMINISTRATIVE VIOLATIONS ON

PREVENTION OF SOCIAL EVILS

Article 23. Violation against regulations on drug prevention, fighting and control

1. A warning or a fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for the act of illegally using narcotics.

2. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for one of the following violations:

a) Illegally storing, transporting or appropriating narcotics but not to the extent of being examined for penal liability;

b) Storing, transporting, trading in or appropriating pre-substances used for the illegal production of narcotics;

c) Producing, storing, transporting or trading means and tools used for the illegal production or use of narcotics.

3. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of planting poppy plants, cannabis plants, coca plants, catha edulis and other plants containing narcotics.

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

a) The heads, legal representatives, persons assigned to manage business or service establishments, managers of means of transportation or other individuals responsible for managing restaurants, accommodation renting facilities, clubs, karaoke business, discotheque business, video game business, and means of transportation permit the illegal storing, trading, and use of narcotics in the areas and means under their management;

b) Brokering, assisting or other acts to help others illegally use narcotics.

5. A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed for any of the following violations:

a) Providing locations and means for others to illegally use, store, and trade narcotics;

b) Committing violations against regulations on export, import, temporary import for re-export, temporary export for re-import, transit of narcotic substances, narcotic drugs, psychotropic drugs and drug precursors;

c) Committing violations against regulations on research, assessment, inspection, testing, production, preservation and storage of narcotic substances and drug precursors;

d) Committing violations against regulations on delivery, receipt, storage and transportation of narcotic substances, narcotic drugs, psychotropic drugs, drug precursors;

dd) Committing violations against regulations on distribution, trading, use and exchange of narcotic drugs, narcotic drugs, psychotropic drugs and drug precursors;

e) Committing violations against regulations on management, control and storage of narcotics, narcotic drugs, psychotropic drugs, precursors at border gates, border areas and at sea;

g) Performing drug addiction treatment beyond the scope of activities stated in the license for voluntary drug addiction treatment.

6. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for the acts of lending, leasing, transferring or using the license for voluntary drug addiction treatment for other purposes.

7. A fine of between VND 50,000,000 and VND 75,000,000 shall be imposed for the act of organizing voluntary drug addiction treatment without being registered or licensed for operation.

8. Additional penalties:

a) Confiscation of material evidence and means used to commit the administrative violations, for the violations specified in Clauses 1,2, 3, 4, 5, 6 and 7 of this Article;

b) Deprivation of the right to use the license, practice certificate or certificate of satisfaction of security and order conditions for a period of between 06 and 12 months, for the violations specified at Point a, Clause 4 and Clause 6 of this Article;

c) Suspension of operation for a period of between 3 and 6 months, for the violations specified at Points b and g, Clause 5 of this Article;

d) Deportation of foreigners who commit the administrative violations specified in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article.

9. Remedial measures:

Forcible return of illegal profits obtained from committing the violations specified in Clause 6 of this Article.

Article 24. Paying for sexual conducts

1. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for the act of paying for sexual conducts.

2. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for the act of paying for sexual conducts with 02 persons or more at the same time.

3. Additional penalties:

Confiscation of material evidence and means used to commit the administrative violations, for the violations specified in Clauses 1 and 2 of this Article.

Article 25. Offering paid sexual conducts

1. A warning or a fine of between VND 300,000 and VND 500,000 shall be imposed for the act of offering paid sexual conducts.

2. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for the act of offering paid sexual conducts to 02 persons or more at the same time.

3. Additional penalties:

a) Confiscation of material evidence and means used to commit the administrative violations, for the violations specified in Clauses 1 and 2 of this Article;

b) Deportation of foreigners who commit the administrative violations specified in Clauses 1 and 2 of this Article.

4. Remedial measures:

Forcible return of illegal profits obtained from committing the violations specified in Clauses 1 and 2 of this Article.

Article 26. Other acts related to prostitution

1. A warning or a fine of between VND 300,000 and VND 500,000 shall be imposed for the acts of having or offering paid sexual intercourse or sexual stimulation.

2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the acts of concealing and protecting prostitution.

3. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the acts of assisting, enticing, instigating, abusing or forcing others to engage in prostitution.

4. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for one of the following violations:

a) Using force or threatening to use force to protect and maintain prostitution activities;

b) Contributing money and assets to use for the purpose of prostitution;

c) Brokering prostitution activities.

5. A fine of between VND 50,000,000 and VND 75,000,000 shall be imposed for any of the acts of abusing positions, powers and prestige to protect and maintain prostitution activities.

6. Remedial measures:

Forcible return of illegal profits obtained from committing violations specified in Clauses 1, 2, 3, 4 and 5 of this Article.

Article 27. Acts of taking advantage of business and services to engage in prostitution

1. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the acts of exploiting prostitution and other sexual activities as a business method.

2. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed on the heads, legal representatives or persons assigned to manage the business or service establishment if prostitution, pornography and sexual stimulation occur at the establishment under their management.

3. Additional penalties:

a) Deprivation of the right to use the Certificate of satisfaction of security and order conditions for a period of between 06 and 12 months, for the violations specified in Clauses 1 and 2 of this Article;

b) Deportation of foreigners who commit the violations specified in Clauses 1 and 2 of this Article.

4. Remedial measures:

Forcible return of illegal profits obtained from committing the violations specified in Clause 1 of this Article.

Article 28. Illegal gambling

1. A fine of between VND 200,000 and VND 500,000 shall be imposed for buying lottery numbers.

2. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for one of the following violations:

a) Illegally gambling in one of the following forms such as Xoc Dia, Ta La, To Tom, poker, Tam Cuc (tradditional Vietnamese gambling games), three-card poker, four colour card game, red and black, chess, catte, Chinese poker, Vietnamese card game (with 13 cards), cock fighting, Chinese dice game or other forms with the aim of winning or losing with money, property or kind;

b) Gambling with illegal machines or electronic games;

c) Illegally betting in sports competitions, entertainment or other activities.

3. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for one of the following violations:

a) Illegally receiving deposits, pawnbroking, lending at casinos or other gambling places;

b) Selling lottery numbers or boards, other publications for the lottery, or giving them to another person for commission;

c) Aiding and concealing illegal gambling activities;

d) Protecting illegal gambling spots;

dd) Owners, managers of video game consoles, owners of business establishments, managers of video game establishments or other business and service establishments are irresponsible for the occurrence of gambling activities at establishments under their management.

4. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the acts of organizing gambling as follows:

a) Inciting, enticing and gathering other people to gamble illegally;

b) Using the houses, accommodations, means or other locations that they own or manage to harbor gambling;

c) Illegally placing slot machines or video games;

d) Organizing illegal money-making betting activities.

5. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for one of the acts of organizing the illegal lottery as follows:

a) Acting as a banker;

b) Organizing the production and distribution of illegal lottery sheets or other printed matters used for illegal lottery playing;

c) Organizing network for sales of illegal lottery;

d) Organizing the betting in sports competition activities, entertainment or in the other forms to play gambling for money.

 6. Additional penalties:

a) Confiscation of material evidence and means used to commit the administrative violations, for the 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;

b) Suspension of operation for a period of between 6 and 12 months, for the violations specified at Point dd, Clause 3 of this Article;

c) Deportation of foreigners who commit the administrative violations specified in Clauses 1, 2, 3, 4 and 5 of this Article.

7. Remedial measures:

Forcible return of illegal profits obtained from committing the 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 ON FIRE PREVENTION AND FIGHTING; RESCUE AND SALVAGE

Article 29. Violations against regulations in promulgating, disseminating and implementing internal regulations, signs, prohibition signs, diagrams and signboards on fire prevention and fighting and rescue

1. A warning or a fine of between VND 100,000 and VND 300,000 shall be imposed for one of the following violations:

a) Failing to fully comply with regulations on fire prevention and fighting and rescue of persons or competent agencies;

b) Posting rules, signs, prohibition signs, diagrams and signboards on fire prevention and fighting, and rescue in places where the visibility is obscured or where they are ineffective;

c) Failing to post signs, prohibition signs and signboards on fire prevention and fighting in accordance with the prescribed standards and forms.

2. A fine of between VND 300,000 and VND 500,000 shall be imposed for one of the following violations:

a) Failing to post signs, prohibition signs, diagrams and signboards on fire prevention and fighting; prohibition and warning signs in dangerous areas and places as prescribed by the law provisions;

b) Failing to comply with regulations on fire prevention and fighting and rescue of persons or competent agencies;

c) Failing to disseminate regulations on fire prevention and fighting and rescue to people within the scope of their management;

d) Promulgating internal regulations on fire prevention and fighting and rescue that fail to include sufficient contents as prescribed or are not suitable with the operation characteristics and nature of the establishment.

3. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for failure to post up regulations on fire prevention and fighting and rescue.

4. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for failure to have or having regulations on fire prevention and fighting and rescue against the State’s legal documents.

Article 30. Violations against regulations on safety inspection of fire prevention and fighting and rescue

1. A fine of between VND 300,000 and VND 500,000 shall be imposed for failure to fully or promptly fulfill or fail to comply with the written requests on fire prevention and fighting and rescue of competent agencies.

2. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following violations:

a) Failing to organize the implementation of documents instructing and directing on fire prevention and fighting and rescue issued by competent agencies;

b) Failing to comply with the written requests on fire prevention and fighting and rescue of competent agencies;

c) Failing to present dossiers and documents serving the safety inspection of fire prevention and fighting and rescue;

d) Failing to arrange a competent and responsible person to work with the person competent to inspect after receiving the notice of the safety inspection of fire prevention and fighting and rescue;

dd) Failing to self-check the safety of fire prevention and fighting and rescue as prescribed by the law provisions;

e) Failing to send reports on results of safety inspection on fire prevention and fighting as prescribed by the law provisions.

3. A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed for failure to comply with the decision on temporary suspension of operation in accordance with the law on fire prevention and fighting.

4. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for failure to comply with the decision on suspension of operation in accordance with the law on fire prevention and fighting.

Article 31. Violations against regulations on records of management and monitoring of fire prevention and fighting and rescue activities

1. A fine of between VND 300,000 and VND 500,000 shall be imposed for one of the following violations:

a) Failing to have sufficient documents in records of management and monitoring of fire prevention and fighting and rescue activities as prescribed by the law provisions;

b) Failing to update and supplement records of management and monitoring of fire prevention and fighting and rescue activities.

2. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for failure to make records of management and monitoring of fire prevention and fighting and rescue activities.

Article 32. Violations against regulations on fire prevention and fighting in management, preservation and use of substances and goods at risk of fire and explosion

1. A warning or a fine of between VND 100,000 and VND 300,000 shall be imposed for failure to have books and records of monitoring and management of substances and goods at risk of fire and explosion.

2. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for the acts of preserving, placing, arranging, piling substances or goods at risk of fire or explosion at improper places or in excess of quantity or volume or at improper distance, not in group of substances or goods at risk of fire and explosion as prescribed by the law provisions.

3. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for the act of using equipment and means of containing substances or goods at risk of fire and explosion without certificate of inspection results or without ensuring the safety conditions on fire prevention and fighting as prescribed by the law provisions.

4. A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed for the act of illegally storing substances or goods at risk of fire and explosion.

5. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for the act of illegally bringing substances or goods at risk of fire and explosion into crowded places.

6. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for the act of illegally using substances or goods at risk of fire and explosion.

7. Additional penalties:

a) Confiscation of material evidence and means used to commit the administrative violations, for the violations specified in Clauses 3, 4, 5 and 6 of this Article;

b) Deportation of foreigners who commit the administrative violations specified in Clauses 4, 5 and 6 of this Article.

8. Remedial measures:

Forcible preservation, arrangement, arrangement and reduction of quantity of goods at risk of fire and explosion according to regulations, for the violations specified in Clause 2 of this Article.

Article 33. Violations against regulations on fire prevention and fighting in production and trading of substances and goods at risk of fire and explosion

1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for one of the following violations:

a) Failing to take or maintain ventilation measures as prescribed by the law provisions;

b) Failing to install anti-static equipment or systems or installing anti-static equipment and systems that do not meet the requirements as prescribed by the law provisions.

2. A fine of between VND 8,000,000 and VND 15,000,000 shall be imposed for one of the following violations:

a) Failing to install devices to detect and handle leaks of substances and goods at risk of fire and explosion to the surrounding environment;

b) Failing to formulate plans to deal with incidents of breaking of tanks, equipment, pipelines containing, storing, transporting substances and goods at risk of fire and explosion.

3. A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed for one of the following violations:

a) Producing, trading, splitting, extracting, or adding substances and goods at risk of fire and explosion without permits;

b) Splitting, extracting, adding substances and goods at risk of fire and explosion at the wrong places or splitting, extracting and adding substances and goods at risk of fire and explosion into containers of the wrong type or not suitable for substances and goods at risk of fire and explosion.

4. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for the acts of producing and trading in substances or goods at risk of fire and explosion on the list of banned business.

5. Additional penalties:

a) Confiscation of material evidence and means used to commit the administrative violations, for the violations specified in Clauses 3 and 4 of this Article;

b) Suspension of operation for a period of between 3 and 6 months, for the violations specified at Point b, Clause 3 and Clause 4 of this Article.

6. Remedial measures:

a) Forcible implementation of ventilation measures as prescribed, for the violations specified at Point a, Clause 1 of this Article;

b) Forcible installation and operation of anti-static equipment and systems according to regulations, for the violations specified at Point b, Clause 1 of this Article;

c) Forcible installation and equipping of devices to detect and handle leaks of substances or goods at risk of fire and explosion, for the violations specified at Point a, Clause 2 of this Article.

Article 34. Violations against regulations on transportation of goods at risk of fire and explosion

1. A warning or a fine of between VND 100,000 and VND 300,000 shall be imposed for failure to peel or remove the logo of dangerous goods at risk of fire and explosion attached to means of transportation when such goods have been removed from the means of transportation.

2. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for one of the following violations:

a) Failing to arrange goods at risk of fire and explosion on the means of transportation in accordance with the law provisions;

b) Failing to carry the transport permit when transporting goods at risk of fire and explosion.

3. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following violations:

a) Failing to fully maintain conditions on fire prevention and fighting safety when using motor vehicles to transport goods at risk of fire and explosion during transportation;

b) Transporting other goods together with goods at risk of fire and explosion on the same means of transport without permission of competent agencies;

c) Carrying unauthorized persons on the means of transporting goods at risk of fire and explosion;

d) Losing the license to transport dangerous goods of fire and explosion without notifying competent agencies.

4. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for failure to post up the logo of dangerous goods of fire and explosion on the means of transportation.

5. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for one of the following violations:

a) Transporting goods at risk of fire and explosion in excess of the quantity, volume, or type specified in the permit;

b) Transporting goods at risk of fire and explosion without a permit to transport dangerous goods of fire and explosion;

c) Using a fake permit to transport goods at risk of fire and explosion;

d) Erasing, modifying, or falsifying the contents of the permit to transport dangerous goods of fire and explosion;

dd) Failing to comply with the conditions on fire prevention and fighting safety or failing to follow the instructions of the competent operator when loading, unloading, pumping or transferring dangerous goods of fire or explosion out of the means of transportation;

e) Failing to take or fail to maintain fire prevention and fighting safety measures for equipment and pipelines transporting flammable and explosive gases and liquids as prescribed by the law provisions;

g) Loading, unloading, pumping and transferring goods at risk of fire and explosion at places that do not meet the safety conditions for fire prevention and fighting;

h) Loading, unloading, pumping and transferring dangerous goods at risk of fire and explosion that are on the way to another vehicle without permission of competent agencies.

6. Additional penalties:

Confiscation of material evidence and means used to commit the administrative violations, for the violations specified at Points b, c and d, Clause 5 of this Article.

7. Remedial measures:

a) Forcible reduction of quantity, volume or type of goods at risk of fire and explosion as prescribed, for the violations specified at Point a, Clause 5 of this Article;

b) Forcible relocation of goods at risk of fire and explosion to warehouses or locations as prescribed, for the violations specified at Point g, Clause 5 of this Article;

c) Forcible re-submission of the permit to transport goods at risk of fire and explosion, for the violations specified at Point d, Clause 5 of this Article.

Article 35. Violations against regulations on fire prevention and fighting in the management and use of fire sources, heat sources, fire- and heat-generating tools or electronic devices

1. A warning or a fine of between VND 100,000 and VND 300,000 shall be imposed for the acts of bringing matches, lighters, mobile phones, fire sources, heat sources, fire- and heat-generating equipment and tools into prohibited places as prescribed.

2. A fine of between VND 300,000 and VND 500,000 shall be imposed for using fire sources, heat sources, fire- and heat-generating equipment and tools without ensuring a safe distance for fire prevention and fighting as prescribed by the law provisions.

3. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for using fire sources, heat sources, fire- or heat-generating tools or electrical and electronic equipment in prohibited places as prescribed.

4. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for welding or cutting metal without taking measures to ensure safety in fire prevention and fighting as prescribed by the law provisions.

Article 36. Violations against regulations on fire prevention and fighting in electricity installation, management and use

1. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for one of the following violations:

a) Changing the design or key parameters of the electrical system and electrical equipment without the approval of competent agencies;

b) Installing and using electrical conductors and cables or switching and protecting devices or equipment using electricity that fail to ensure fire prevention and fighting safety as prescribed by the law provisions.

2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following violations:

a) Using electrical equipment that does not meet the requirements for explosion prevention as prescribed in a dangerous environment of fire and explosion;

b) Failing to have or fail to ensure a backup power source for the fire prevention and fighting system and related technical systems as prescribed by the law provisions.

3. A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed for failure to install electrical systems and equipment in service of fire prevention and fighting requirements and rescue in accordance with law provisions.

4. Remedial measures:

Forcible installation of electrical systems in service of fire prevention and fighting and rescue, for the violations specified in Clause 3 of this Article.

Article 37. Violations against regulations on fire prevention and fighting safety in installation, inspection and maintenance of lightning protection systems

1. A warning or a fine of between VND 100,000 and VND 300,000 shall be imposed for failure to make records of monitoring lightning protection systems as prescribed by the law provisions.

2. A fine of between VND 300,000 and VND 500,000 shall be imposed for failure to periodically inspect lightning protection systems as prescribed by the law provisions.

3. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for failure to remedy errors and damage that make lightning protection systems ineffective.

4. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for the act of installing lightning protection systems that fail to meet requirements for lightning protection.

5. A fine of between VND 10,000,000 and VND 25,000,000 shall be imposed for failure to install lightning protection systems for houses and works subject to the installation of lightning protection systems as prescribed by the law provisions.

6. Remedial measures:

a) Forcible remedy of errors and damage of the lightning protection systems, for the violations specified in Clause 3 of this Article;

b) Forcible installation of the lightning protection systems in accordance with regulations, for the violations specified in Clauses 4 and 5 of this Article.

Article 38. Violations against regulations on fire prevention and fighting in investment and construction

1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for failure to take measures and means to ensure fire prevention and fighting safety during the course of construction in accordance with law provisions.

2. A fine of between VND 8,000,000 and VND 15,000,000 shall be imposed for one of the following violations:

a) Failing to construct in accordance with the fire prevention and fighting design approved by competent agencies;

b) Renovating, changing the use properties of the works or converting motor vehicles without a certificate or written approval of the fire prevention and fighting design;

c) Erasing, modifying, falsifying the contents of the certificate of approval, the document on appraisal and approval, the written approval of the acceptance results or other documents related to the appraisal, approval and acceptance of fire prevention and fighting issued by competent agencies.

3. A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed for one of the following violations:

a) Constructing works subject to fire prevention and fighting appraisal and approval without a certificate or written approval of fire prevention and fighting design;

b) Manufacturing motor vehicles subject to fire prevention and fighting appraisal and approval without a certificate or written approval of fire prevention and fighting design.

4. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for putting work items, works, or motor vehicles into use or operation without a written approval of the acceptance results on fire prevention and fighting.

5. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for putting work items, constructions or motor vehicles into use or operation without a certificate or written approval of fire prevention and fighting design.

6. Remedial measures:

a) Forcible appraisal and approval of fire prevention and fighting, for the violations specified at Point b, Clause 2 and Clause 3 of this Article;

b) Forcible acceptance of fire prevention and fighting, for the violations specified in Clause 4 of this Article;

c) Forcible appraisal, approval and acceptance of fire prevention and fighting, for the violations specified in Clause 5 of this Article;

d) Forcible return of the certificate of appraisal and approval, document of appraisal and approval, written approval of acceptance results of the fire prevention and fighting, for the violations specified at Point c, Clause 2 of this Article.

Article 39. Violations against regulations on distance of fire prevention and fighting safety

1. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for one of the following violations:

a) Placing and arranging supplies and goods withou ensuring the safe distance for fire prevention and fighting in accordance with law provisions;

b) Failing to organize industrial hygiene as prescribed, causing an environment at risk of fire and explosion.

2. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for the acts of building or installing fire-resistance walls, partitions, doors and other fire prevention solutions that fail to satisfy the requirements as prescribed by the law provisions.

3. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the acts of making ceilings, floors, partitions, roofs or leaving flammable materials in unauthorized places.

4. A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed for one of the following violations:

a) Failing to clean up flammable substances in the safety corridor of oil, gas and petroleum product pipelines;

b) Building houses and works that fail to ensure the safe distance for fire prevention and fighting as prescribed by the law provisions;

c) Building houses or works in the forest or on the edge of the forest without ensuring the safety distance and corridor for fire prevention and fighting as prescribed by the law provisions.

5. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for one of the following violations:

a) Failing to build fire-resistance walls, partitions, doors and take fire prevention solutions as prescribed by the law provisions;

b) Failing to maintain solutions to prevent fire spread as prescribed by the law provisions.

6. Remedial measures:

Forcible implementation of measures to prevent fire spread in accordance with law provisions, for the violations specified at Point b, Clause 5 of this Article.

Article 40. Violations against regulations on escape in fire prevention and fighting

1. A fine of between VND 500,000 and VND 1,000,000 shall be imposed for the acts of installing mirrors on the escape route or installing escape doors that do not open in the direction of escape.

2. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for one of the following violations:

a) Placing and arranging supplies, goods, means of transport and other objects obstructing the escape route;

b) Removing or damaging or invalidating emergency lighting equipment, escape instructions, instruction diagrams, signs, and signboards on fire prevention and fighting on escape routes;

c) Failing to install diagrams, signs, and signboards on fire prevention and fighting on the exits;

d) Failing to inspect and maintain emergency lighting equipment and escape instructions;

dd) Failing to maintain the regular operation mode of emergency lighting equipment and escape instructions.

3. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for one of the following violations:

a) Failing to install emergency lighting equipment and emergency exit instructions on the emergency exits or installing such equipment and instructions with insufficient brightness, improper specifications as prescribed by the law provisions or in ineffective situation;

b) Installing escape doors, escape routes, escape stairs and escape ways with insufficient size and quantity as prescribed by the law provisions.

4. A fine of between VND 5,000,000 and VND 15,000,000 shall be imposed for one of the following violations:

a) Locking, inserting, blocking escape doors;

b) Failing to maintain smoke protection for houses and works as prescribed by the law provisions.

5. A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed for the act of making escape routes or ways ineffective.

6. Remedial measures:

Forcible restoration of the original state, for the violations specified at Point b, Clause 2; Clauses 4 and 5 of this Article.

Article 41. Violations against regulations on fire-fighting plan, rescue and salvage plan

1. A warning or a fine of between VND 100,000 and VND 300,000 shall be imposed for failure to manage the fire-fighting plan as prescribed by the law provisions.

2. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for one of the following violations:

a) Formulating the fire-fighting plan, and rescue and salvage plan that fail to meet the requirements and contents as prescribed by the law provisions;

b) Failing to send the plan or report on the results of practicing the fire-fighting plan to the direct management agency as prescribed by the law provisions;

c) Failing to send the rescue and salvage plan to competent management agencies.

3. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed for one of the following violations:

a) Using the fire-fighting plan, rescue and salvage plan that have not been approved as prescribed by the law provisions;

b) Failing to organize drills in order of situations in the fire-fighting plan as prescribed by the law provisions;

c) Failing to arrange participants or provide necessary documents and information related to the formulation of the fire-fighting plan at the request of competent agencies.

4. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following violations:

a) Failing to formulate the fire-fighting plan, and rescue and salvage plan;

b) Failing to organize periodic or ad-hoc drills of the fire-fighting plan, and rescue and salvage plan as prescribed by the law provisions;

c) Failing to arrange forces and means under their management to practice the fire-fighting plan when mobilized by competent persons.

Article 42. Violations against regulations on information on fire, incident and accident alarming

1. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for one of the following violations:

a) Failing to have means or equipment for fire commands or alarming as prescribed by the law provisions;

b) Failing to replace broken or ineffective fire alarming means or equipment.

2. A fine of between VND 4,000,000 and VND 6,000,000 shall be imposed for one of the following violations:

a) Failing to give fire, incident or accident alarming, or preventing or obstructing the fire, incident or accident alarming;

b) Giving false fire alarming; reporting false incidents or accidents.

Article 43. Violations against regulations on declaring fire prevention and fighting database and reporting incidents

1. A warning or a fine of between VND 100,000 and VND 300,000 shall be imposed for the act of improperly or incompletely updating the database on fire prevention and fighting as prescribed by the law provisions.

2. A fine of between VND 500,000 and VND 1,500,000 shall be imposed for failure to maintain the regular operation of incident reporting equipment as prescribed by the law provisions.

3. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for failure to update the database on fire prevention and fighting as prescribed by the law provisions.

4. A fine of between VND 5,000,000 to VND 10,000,000 shall be imposed for failure to install the incident reporting equipment as prescribed by the law provisions.

5. Remedial measures:

a) Forcible updating of the database on fire prevention and fighting as prescribed by the law provisions, for the violations specified in Clauses 1 and 3 of this Article;

b) Forcible maintenance of the regular operation of the incident reporting equipment, for the violations specified in Clause 2 of this Article.

Article 44. Violations against regulations on equipment, preservation and use of fire prevention and fighting means

1. A warning or a fine of between VND 100,000 and VND 300,000 shall be imposed for one of the following violations:

a) Obscuring or obstructing the access to fire prevention and fighting means;

b) Using common fire-fighting means that do not meet the quality standards as prescribed by the law provisions;

c) Failing to compile records of management of fire prevention and fighting and rescue means.

2. A fine of between VND 500,000 and VND 1,500,000 shall be imposed for one of the following violations:

a) Failing to periodically inspect and maintain fire prevention and fighting systems and means;

b) Failing to maintain personal protective equipment and clothing and fire extinguishing agents as prescribed by the law provisions;

c) Equipping fire prevention and fighting means in in an insufficient or inconsistent manner as prescribed by the law provisions;

d) Failing to equip motor vehicles with common fire-fighting means as prescribed by the law provisions;

dd) Losing, damaging or inactivating common fire-fighting means, fire extinguishing agents, communication equipment and tools in service of fire-fighting.

3. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following violations:

a) Equipping, installing and using fire prevention and fighting means that have not been tested for fire prevention and fighting as prescribed by the law provisions;

b) Equipping fire prevention and fighting means that are not suitable with the fire and explosion hazard of establishments as prescribed by the law provisions;

c) Using fire-fighting means at the standing locations for fire-fighting for other purposes;

d) Using fire-fighting water sources for wrong purposes or failing to store enough fire-fighting water as prescribed by the law provisions;

dd) Moving or changing the installation locations of fire prevention and fighting means in contradiction with the design approved by the competent agency;

e) Failing to equip common fire-fighting means for motor vehicles transporting goods at risk of fire and explosion as prescribed by the law provisions.

4. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following violations:

a) Failing to equip common fire-fighting means for houses, works or motor vehicles with special requirements on ensuring fire prevention and fighting safety for passenger transport as prescribed by the law provisions;

b) Losing, damaging or inactivating motorized fire-fighting means, fire alarming and fire-fighting systems;

c) Failing to maintain the permanent operation mode of motorized fire-fighting means, fire alarming and fire fighting systems equipped as prescribed by the law provisions;

d) Erasing, correcting, falsifying the contents of the certificate of inspection of fire prevention and fighting means.

5. A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed for one of the following violations:

a) Failing to equip and install fire alarming and fire fighting systems as prescribed by the law provisions;

b) Failing to equip motorized fire fighting means as prescribed by the law provisions.

6. Remedial measures:

a) Forcible restoration of the original state, for the violations specified at Point b, Clause 4 of this Article;

b) Forcible return of the certificate of inspection of fire prevention and fighting means, for the violations specified at Point d, Clause 4 of this Article.

Article 45. Violations against regulations on fire fighting, rescue and salvage

1. A warning or a fine of between VND 100,000 and VND 300,000 shall be imposed for the act of entering the fire fighting, rescue or salvage areas without permission of competent persons.

2. A fine of between VND 300,000 and VND 500,000 shall be imposed for failure to rescue people or assets or extinguish fire in a timely manner.

3. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for one of the following violations:

a) Failing to fully prepare forces, means, water sources and other conditions for fire fighting, rescue and salvage as prescribed by the law provisions;

b) Failing to comply with the order of the commander of fire fighting, rescue and salvage;

c) Failing to comply with the order of the competent person to mobilize the participation in fire fighting, rescue and salvage;

d) Failing to arrange and maintain fire-fighting elevators and fire-fighting control rooms as prescribed by the law provisions.

4. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for any of the following violations:

a) Obstructing the operation of fire fighting, rescue and salvage forces and means;

b) Failing to participate in taking remedy fire consequences at the request of competent persons;

c) Failing to participate in the protection of fire field as prescribed;

d) Failing to arrange and maintain traffic roads, parking lots and access routes for fire-fighting forces and motor vehicles as prescribed.

5. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for one of the following violations:

a) Failing to organize the escape, rescue or fire fighting;

b) Taking advantage of fire fighting, rescue and salvage to harm the health and lawful property of citizens and property of the State.

Article 46. Violations against regulations on propaganda and dissemination of laws and knowledge, training and retraining of professional skills in fire prevention and fighting, and rescue

1. A warning or a fine of between VND 100,000 and VND 300,000 shall be imposed for the act of damaging banners, slogans, panels, posters, pictures to propagate and promote fire prevention and fighting.

2. A fine of between VND 500,000 and VND 1,500,000 shall be imposed for one of the following violations:

a) Failing to organize propaganda and dissemination of law and knowledge on fire prevention and fighting and rescue as prescribed by the law provisions;

b) Employing a person as a grassroots and specialized fire fighting force, operator, worker or servant on motor vehicles transporting passengers with more than 29 seats or on motor vehicles transporting goods at risk of fire or explosion, or worker in an environment at risk of fire or explosion or in frequent contact with goods at risk of fire or explosion but such person has not yet been granted a certificate of training in fire prevention and fighting or has an expired certificate of training in fire prevention and fighting;

c) Employing a person to perform full-time rescue tasks but such person has not yet been granted a certificate of training in rescue operations or has an expired certificate of training in rescue operations;

d) Organizing training and retraining in fire prevention and fighting, rescue and salvage that do not ensure the contents and duration as prescribed by the law provisions.

3. A fine of between VND 1,500,000 and VND 3,000,000 shall be imposed for failure to organize professional training in fire prevention and fighting, and rescue as prescribed by the law provisions.

Article 47. Violations against regulations on establishment, organization and management of grassroots and specialized fire prevention and fighting teams

1. A warning or a fine of between VND 100,000 and VND 300,000 shall be imposed for one of the following violations:

a) Failing to ensure the number of people on duty for fire prevention and fighting as prescribed by the law provisions;

b) Failing to properly use the fire prevention and fighting equipment provided at establishments.

2. A fine of between VND 300,000 and VND 500,000 shall be imposed for failure to organize watches at the establishment or at locations requiring an on-duty person as prescribed by the law provisions.

3. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for one of the following violations:

a) Establishing grassroots or specialized fire brigades with insufficient number of members as prescribed by the law provisions;

b) Failing to manage or maintain the operation of grassroots or specialized fire brigades as prescribed by the law provisions;

c) Failing to equip or inadequately equipping fire equipment to grassroots or specialized fire brigades as prescribed by the law provisions;

d) Failing to send staff to join the grassroots fire brigades as prescribed by the law provisions.

4. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for failure to participate in fire prevention and fighting activities at the request of a competent person.

5. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for failure to establish grassroots fire brigades as prescribed by the law provisions.

6. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for failure to establish specialized fire brigades as prescribed by the law provisions.

Article 48. Violations against regulations on fire safety service business

1. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for the act of providing fire safety services without a practicing certificate in fire prevention and fighting suitable to the business activities as prescribed by the law provisions.

2. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for one of the following violations:

a) Employing a person without a practicing certificate in fire prevention and fighting to engage in the provision of fire safety services, if a practicing certificate is required;

b) Removing, altering, or falsifying the information on the practicing certificate, the certificate of eligibility for providing fire safety services;

c) Failing to return the certificate of eligibility for providing fire safety services when the fire safety services are no longer provided;

d) Failing to maintain adequate conditions in terms of personnel, facilities, vehicles and equipment to provide fire safety services after being granted a Certificate of eligibility for providing fire safety services;

dd) Issuing a record of inspection of fire safety equipment for those that are not specified in the list of equipment approved for inspection by a competent agency;

e) Issuing a record of inspection of fire safety equipment when the inspection process prescribed by the competent agency is not strictly followed.

3. A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed for one of the following violations:

a) Providing fire safety services without having a certificate of eligibility for providing fire safety services as prescribed by the law provisions;

b) Providing fire safety services unconformable to those specified in the certificate of eligibility for providing fire safety services;

c) Issuing an inspection record when the inspection is in fact not performed or untruthfully performed.

4. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for one of the following violations:

a) Producing and trading in fire safety equipment and vehicles that do not conform to technical specifications as stated in the Certificate of inspection of fire safety equipment issued by a competent authority;

b) Putting fire safety equipment into circulation without being tested as prescribed by the law provisions.

5. Additional penalties:

Deprivation of the right to use the certificate of eligibility for providing fire safety services within a definite term of between 03 and 06 months, for the violations specified at Point b, Clause 3 of this Article.

6. Remedial measures:

a) Forcible recall of fire safety equipment and vehicles, for the violations specified at Points a and b, Clause 4 of this Article;

b) Forcible revocation of the certificate of eligibility for providing fire safety services, for the violations specified at Points c and d, Clause 2 of this Article;

c) Forcible revocation of inspection records, for the violations specified at Point c, Clause 3 of this Article;

d) Forcible return of the practicing certificate or certificate of eligibility for providing fire safety services, for the violations specified at Point b, Clause 2 of this Article.

Article 49. Violations against regulations on compulsory fire and explosion insurance

1. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for one of the following violations:

a) Buying compulsory fire and explosion insurance against the principles and premium norms for compulsory fire and explosion insurance as prescribed by the law provisions;

b) Failing to issue a certificate of compulsory fire and explosion insurance or issuing such certificate with insufficient contents as prescribed by the law provisions.

2. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed on the establishment which is required to purchase compulsory fire and explosion insurance as prescribed by the law provisions but fails to purchase it.

3. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for failure to deduct and contribute compulsory fire and explosion insurance premiums to the funds for fire prevention and fighting activities as prescribed by the law provisions.

Article 50. Violations against regulations on fire and explosion prevention and fighting at households

1. A warning or a fine of between VND 100,000 and VND 300,000 shall be imposed for violating fire safety regulations leading to fire or explosion and causing property damage worth from VND 50,000,000 to less than VND 100,000,000.

2. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for one of the following violations:

a) Violating fire safety regulations leading to fire or explosion and causing property damage worth over VND 100,000,000;

b) Violating fire safety regulations causing injury or harm to the health of 01 person, and his/her impairment rating is less than 61%;

c) Violating fire safety regulations causing injury or harm to the health of 02 persons or more, and the total impairment rating of such persons is less than 61%.

3. Remedial measures:

Forcible payment of all expenses for medical examination and treatment, for the violations specified at Points b and c, Clause 2 of this Article.

Article 51. Violations causing fires and explosions

1. A warning or a fine of between VND 100,000 and VND 300,000 shall be imposed for violating fire safety regulations leading to fire or explosion and causing property damage worth less than VND 20,000,000.

2. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for violating fire safety regulations leading to fire or explosion and causing property damage worth from VND 20,000,000 to less than VND 50,000,000.

3. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for violating fire safety regulations leading to fire or explosion and causing property damage worth from VND 50,000,000 to less than VND 100,000,000.

4. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following violations:

a) Violating fire safety regulations leading to fire or explosion and causing property damage worth over VND 100,000,000;

b) Violating fire safety regulations causing injury or harm to the health of 01 person, and his/her impairment rating is less than 61%;

c) Violating fire safety regulations causing injury or harm to the health of 02 persons or more, and the total impairment rating of such persons is less than 61%.

5. Remedial measures:

Forcible payment of all expenses for medical examination and treatment, for the violations specified at Points b and c, Clause 4 of this Article.

Section 4
ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON DOMESTIC VIOLENCE PREVENTION AND CONTROL

Article 52. Acts of infringing upon the health of family members

1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the acts of beating and causing injury to family members.

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

a) Using tools, vehicles, or other items to cause injury to family members;

b) Failing to promptly take the victim to the emergency room for treatment in case the victim needs to be treated in time or failing to take care of the victim while the victim is being treated for an injury caused by an act of domestic violence unless the victim refuses.

3. Remedial measures:

a) Forcible public apology upon the victim's request, for the violations specified in Clauses 1 and 2 of this Article;

b) Forcible payment of all expenses for medical examination and treatment, for the violations specified in Clause 1 and Point a, Clause 2 of this Article.

Article 53. Acts of persecution and ill-treatment of family members

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

a) Mistreating family members, such as forcing them to fast or abstain from drinking or forcing them to suffer the freezing weather, wear torn clothes, or refusing to give or restricting personal hygiene;

b) Neglecting and failing to take care of family members who are elderly, weak, disabled, or pregnant or women who are raising children.

2. Remedial measures:

Forcible public apology upon the victim’s request, for the violations specified in Clause 1 of this Article.

Article 54. Acts of offending the honour and dignity of family members

1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the acts of verbally abusing, humiliating, or insulting family members, thus offending their honour and dignity.

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

a) Exposing or spreading materials and documents belonging to family members' secrets in order to offend their honour and dignity;

b) Using media to offend the honour and dignity of family members;

c) Disseminating and distributing leaflets, articles, and images to offend the honour and dignity of victims.

3. Remedial measures:

a) Forcible public apology upon the victim’s request, 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 at Points a and c, Clause 2 of this Article.

Article 55. Acts of isolating, sending out or applying psychological pressure on a regular basis

1. A warning or a fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following violations:

a) Prohibiting family members from leaving the house, preventing family members from meeting relatives and friends or having legal and healthy social relationships, in an effort to isolate and put them under constant psychological pressure;

b) Preventing family members from exercising the right to work;

c) Preventing family members from participating in lawful and healthy social activities.

2. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the act of forcing family members to witness violence against persons or animals.

3. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for one of the following violations:

a) Forcing family members to perform erotic acts or to use aphrodisiacs;

b) Sexually inciting or physically abusing a family member.

4. Remedial measures:

Forcible public apology upon the victim’s request, for the violations specified in Clauses 1, 2 and 3 of this Article.

Article 56. Acts of preventing the exercise of rights and obligations in family relations between grandparents and grandchildren; between parents and children; between husband and wife; and among siblings

A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of preventing the right to visit and care for each regarding the relations between grandparents and grandchildren; between parents and children unless the parents are restricted from visiting their children under the court’s decisions; between husband and wife; and among siblings.

Article 57. Violations against regulations on care, upbringing and alimony

1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following violations:

a) Refusing or evading the alimony obligations between husband and wife after divorce; refusing or evading the obligations of siblings to nurture each other or the obligations of paternal or maternal grandparents to bring up their grandchildren in accordance with the law provisions;

b) Refusing or evading the obligations to support and take care of parents; the obligations to support and take care of children after divorce in accordance with the law provisions.

2. Remedial measures:

Forcible performance of the alimony and upbringing obligations as prescribed, for the violations specified in Clause 1 of this Article.

Article 58. 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 violations:

1. Appropriating the private assets of a family member.

2. Forcing family members to work too hard or to do heavy and dangerous work, to be exposed to toxic substances or to do other jobs contrary to the law provisions on labour.

3. Forcing family members to beg or wander for a living.

Article 59. Illegal acts of forcing family members out of their lawful residence

1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of forcing family members out of their lawful residence.

2. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the act of threatening with violence to force family members out of their lawful residence.

Article 60. Acts of violence against persons who prevent, detect, and report domestic violence, or help victims of domestic violence

1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following violations:

a) Threatening persons who prevent, detect, and report domestic violence, or help victims of domestic violence;

b) Offending the honour and dignity of those who prevent, detect, and report domestic violence, or help victims of domestic violence.

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

a) Assaulting the persons who prevent, detect, and report domestic violence, or help victims of domestic violence;

b) Vandalizing or destroying the assets of the persons who prevent, detect, and report domestic violence, or help victims of domestic violence.

3. Remedial measures:

a) Forcible restoration of the original state, for the violations specified at Point b, Clause 2 of this Article;

b) Forcible public apology upon the victim’s request, for the violations specified in Clauses 1 and 2 of this Article.

Article 61. Acts of forcing, inciting, seducing, or assisting others to commit acts of domestic violence

1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the acts of forcing, inciting, seducing, or assisting others to commit acts of domestic violence.

2. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the act of forcing others to commit acts of domestic violence.

Article 62. Acts of intentionally failing to prevent or report domestic violence and obstructing the prevention and reporting of domestic violence

A warning or a fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for one of the following violations:

1. Knowing and being able to prevent acts of domestic violence but failing to do so.

2. Knowing acts of domestic violence, but failing to inform competent agencies, organizations, or persons.

3. Preventing others from detecting and reporting acts of domestic violence.

Article 63. Acts of using, spreading information, images, sounds to incite acts of domestic violence

A warning or a fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for the act of using, spreading information, images, sounds to incite acts of domestic violence.

Article 64. Violation against regulations on disclosing information about domestic violence victims

A fine of between 3,000,000 and VND 5,000,000 shall be imposed for medical staff and consultant in domestic violence prevention and control with one of the following acts:

1. Disclosing personal information of domestic violence victims without the consent of the victim or the victim's guardian which affects the honor, dignity and reputation of the victim.

2. Intentionally disclosing or facilitating the perpetrator of violence to know the shelter of domestic violence victims.

Article 65. Acts of taking advantage of domestic violence prevention and control activities for personal gain

1. A fine of between 1,000,000 and VND 2,000,000 shall be imposed for one of the following violations:

a) Demanding money from the victim or the victim's family after taking actions to help the victim of domestic violence;

b) Requesting the payment of the victim's living expenses at a trusted address in the community;

c) Taking advantage of the hardship of domestic violence victims to induce them to commit illegal acts.

2. A fine of between 10,000,000 and VND 30,000,000 shall be imposed for one of the following violations:

a) Establish a counseling facility on domestic violence prevention and control, a facility to support domestic violence victims for personal gain;

b) Taking advantage of domestic violence prevention and control activities to commit illegal acts.

3. Additional penalties:

Deprivation of the right to use the permit or certificate of practice or suspension of operation from 06 months to 12 months, for acts of violation specified at Points a and Point b of this Article.

4. Remedial measures:

Forcible return of illegal profits obtained from committing violations specified at Point a, Clause 1 of this Article.

Article 66. Violations against regulations on operation registration for establishments supporting domestic violence victims and counseling establishments on domestic violence prevention and control

1. A fine of between 5,000,000 and VND 10,000,000 shall be imposed for establishments supporting domestic violence victims and counseling establishments on domestic violence prevention and control which operate outside the scope of the operation registration certificate.

2. A fine of between 10,000,000 and VND 20,000,000 shall be imposed for establishments supporting domestic violence victims and counseling establishments on domestic violence prevention and control which operate without having been granted the operation registration certificate or which fail to register for operation.

Article 67. Violation against regulations on the decision to ban contact of the Chairperson of the commune-level People's Committee

1. A warning or a fine of between VND 500,000 and VND 1,000,000 shall be imposed for the act of deliberately meeting a domestic violence victim during the enforcement of the no-contact decision.

2. A fine of between 3,000,000 and VND 5,000,000 shall be imposed for the act of using telephones or other means of communication to threaten, curse or insult victims of domestic violence.

3. Additional penalties:

Confiscation of material evidence and means used to commit the administrative violations specified in Clause 1 of this Article.

Chapter III

COMPETENCE TO IMPOSE PENALTIES ON ADMINISTRATIVE VIOLATIONS

Article 68. Competence to impose penalties for administrative violations of Chairpersons of People’s Committees at all levels

1. Chairpersons of commune-level People’s Committees shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 3,000,000 for acts of administrative violations in domestic violence prevention and control; up to VND 4,000,000 for acts of administrative violations in security, social order and safety; up to VND 5,000,000 for acts of administrative violations in fire protection; rescue and salvage and in prevention of social evils;

c) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified Point b of this Clause;

d) Apply remedial measures specified at Points a, c, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

2. Chairpersons of district-level People’s Committees shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 15,000,000 for acts of administrative violations in domestic violence prevention and control; up to VND 20,000,000 for acts of administrative violations in security, social order and safety; up to VND 25,000,000 for acts of administrative violations in fire protection; rescue and salvage; up to VND 37,500,000 for acts of administrative violations in prevention of social evils;

c) Deprive the right to use the permit or certificate of practice or suspend the operation for a definite time;

d) Confiscate material evidence and means used to commit the administrative violations;

dd) Apply remedial measures specified at Points a, c, e and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Points dd, e, g and h, Clause 3, Article 3 of this Decree.

3. Chairpersons of provincial-level People’s Committees shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 30,000,000 for acts of administrative violations in domestic violence prevention and control; up to VND 40,000,000 for acts of administrative violations in security, social order and safety; up to VND 50,000,000 for acts of administrative violations in fire protection; rescue and salvage; up to VND 75,000,000 for acts of administrative violations in prevention of social evils;

c) Deprive the right to use the permit or certificate of practice or suspend the operation for a definite time;

d) Confiscate material evidence and means used to commit the administrative violations;

dd) Apply remedial measures specified in Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.

Article 69. Competence to impose penalties for administrative violations of People’s Public Security

1. People’s Public Security officers who are on duty shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 300,000 for acts of administrative violations in domestic violence prevention and control; up to VND 400,000 for acts of administrative violations in security, social order and safety; up to VND 500,000 for acts of administrative violations in fire protection; rescue and salvage and in prevention of social evils.

2. Heads of company-level mobile police units, Station chiefs and Team heads of the persons specified in Clause 1 of this Article shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 900,000 for acts of administrative violations in domestic violence prevention and control; up to VND 1,200,000 for acts of administrative violations in security, social order and safety; up to VND 1,500,000 for acts of administrative violations in fire protection; rescue and salvage and in prevention of social evils.

3. Chiefs of commune-level police offices, Chiefs of police stations and Chiefs of police offices of border gates or export processing zones, Heads of border-gate police offices of international airports, Heads of mobile police battalions, and heads of marine squads shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 1,500,000 for acts of administrative violations in domestic violence prevention and control; up to VND 2,000,000 for acts of administrative violations in security, social order and safety; up to VND 2,500,000 for acts of administrative violations in fire protection; rescue and salvage and in prevention of social evils;

c) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified at Point b of this Clause;

d) Apply remedial measures specified at Points a and c, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

4. Chiefs of district-level police offices; Heads of professional divisions of the Internal Political Security Department; Heads of the professional divisions of the Police Department for Administrative Management of Social Order; Heads of the professional divisions of the Traffic Police Department; Heads of the professional divisions of the Fire Prevention and Fighting, Salvage and Rescue Police Department; Heads of the professional divisions of the Department for Cyber Security and Hi-Tech Crime Prevention and Combat; Heads of the professional divisions of the Immigration Department; and Heads of divisions of provincial-level of Departments of Public Security, including Heads of Police Divisions for Administrative Management of Social Order, Heads of Police Divisions for Investigation of Corruption, Economic and Smuggling Crimes, Heads of Police Divisions for Investigation of Drug-Related Crimes, Heads of Traffic Police Divisions, Heads of Road and Railway Traffic Police Divisions, Heads of Road Traffic Police Divisions, Heads of Waterways Police Divisions, Heads of Mobile Police Divisions, Heads of Safeguard Police Divisions, Heads of Police Divisions for Execution of Criminal Judgments and Judicial Support, Heads of Police Divisions for Environmental Crime Prevention and Combat, Heads of Fire Prevention and Fighting, Salvage and Rescue Police Divisions, Heads of Cyber Security and Hi-Tech Crime Prevention and Combat Divisions, Heads of Immigration Divisions, Heads of the Internal Political Security Divisions, Heads of Economic Security Divisions, Heads of External Security Divisions, Heads of Mobile Police Regiments, and Heads of marine battalions shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 6,000,000 for acts of administrative violations in domestic violence prevention and control; up to VND 8,000,000 for acts of administrative violations in security, social order and safety; up to VND 10,000,000 for acts of administrative violations in fire protection; rescue and salvage; up to VND 15,000,000 for acts of administrative violations in prevention of social evils;

c) Deprive of the right to use the permit or certificate of practice or suspend the operation for a definite time;

d) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified at Point b of this Clause;

dd) Apply remedial measures specified at Points a and c, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.

5. Directors of provincial-level Departments of Public Security shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 15,000,000 for acts of administrative violations in domestic violence prevention and control; up to VND 20,000,000 for acts of administrative violations in security, social order and safety; up to VND 25,000,000 for acts of administrative violations in fire protection; rescue and salvage; up to VND 37,500,000 for acts of administrative violations in prevention of social evils;

c) Deprive of the right to use the permit or certificate of practice or suspend the operation for a definite time;

d) Confiscate material evidence and means used to commit the administrative violations;

dd) Apply the penalty of deportation;

e) Apply remedial measures specified at Points a, c and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.

6. The Director of the Internal Political Security Department, Director of the Economic Security Department, Director of the Police Department for Administrative Management of Social Order, Director of Police Department for Investigation of Social Order-Related Crimes, Director of the Police Department for Investigation of Corruption, Economic and Smuggling Crimes, Director of the Police Department for Drug-Related Crimes, Director of the Traffic Police Department, Director of the Fire Prevention and Fighting, Salvage and Rescue Police Department, Director of the Environmental Crime Prevention and Combat Police Department, Director of the Cyber Security and Hi-Tech Crime Prevention and Combat Department, Director of the Internal Security Department, Director of the Police Department for Custody, Temporary Detention and of Criminal Judgment Execution in the Community, and Commander of the Mobile Police Department shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 30,000,000 for acts of administrative violations in domestic violence prevention and control; up to VND 40,000,000 for acts of administrative violations in security, social order and safety; up to VND 50,000,000 for acts of administrative violations in fire protection; rescue and salvage; up to VND 75,000,000 for acts of administrative violations in prevention of social evils;

c) Deprive of the right to use the permit or certificate of practice or suspend the operation for a definite time;

d) Confiscate material evidence and means used to commit the administrative violations;

dd) Apply remedial measures specified at Points a, c and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.

7. The Director of the Immigration Department shall have the competence to impose penalties in accordance with law regulations in Clause 6 of this Article and shall have the powers to decide on the application of the deportation penalty.

Article 70. Competence to impose penalties for administrative violations of the Border guards

1. Border guard soldiers who are on duty shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 400,000 for acts of administrative violations in security, social order and safety; up to VND 500,000 for acts of administrative violations in fire protection; rescue and salvage; prevention of social evils.

2. Station chiefs or Team commanders of those specified in Clause 1 of this Article shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 2,000,000 for acts of administrative violations in security, social order and safety; up to VND 2,500,000 for acts of administrative violations in fire protection; rescue and salvage; prevention of social evils.

3. Heads of the Task Force on Drugs and Crime Prevention under the drug and crime prevention and combat task force regiments shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 4,000,000 for acts of administrative violations in security, social order and safety; up to VND 5,000,000 for acts of administrative violations in fire protection; rescue and salvage; up to VND 7,500,000 for acts of administrative violations in prevention of social evils;

c) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified at Point b of this Clause;

d) Apply remedial measures specified at Points a and c, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.

4. Chiefs of border-guard stations, Captains of border-guard flotillas and Commanders of border-gate guards at ports shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 8,000,000 for acts of administrative violations in security, social order and safety; up to VND 10,000,000 for acts of administrative violations in fire protection; rescue and salvage; up to VND 15,000,000 for acts of administrative violations in prevention of social evils;

c) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified at Point b of this Clause;

d) Apply remedial measures specified at Points a and c, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.

5. Heads of drug and crime prevention and combat task force regiments of Drug and Crime Prevention and Combat Department under the Border Guard High Command shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 20,000,000 for acts of administrative violations in security, social order and safety; up to VND 25,000,000 for acts of administrative violations in fire protection; rescue and salvage; up to VND 37,500,000 for acts of administrative violations in prevention of social evils;

c) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified at Point b of this Clause;

d) Apply remedial measures specified at Points a, c and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.

6. Commanders of provincial-level border guards; Chiefs of border-guard fleets and the Director of the Drug and Crime Prevention and Combat Department under the Border-Guard High Command shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 40,000,000 for acts of administrative violations in security, social order and safety; up to VND 50,000,000 for acts of administrative violations in fire protection; rescue and salvage; up to VND 75,000,000 for acts of administrative violations in prevention of social evils;

c) Deprive of the right to use the permit or certificate of practice or suspend the operation for a definite time;

d) Confiscate material evidence and means used to commit the administrative violations;

dd) Apply remedial measures specified at Point a, c and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.

Article 71. Competence to impose penalties for administrative violations of the Marine Police

1. Marine policemen who are on duty shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 800,000 for acts of administrative violations in security, social order and safety.

2. Heads of professional operation teams of the Marine Police shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 2,000,000 for acts of administrative violations in security, social order and safety.

3. Heads of professional operation squads of the Marine Police and Heads of marine police stations shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 4,000,000 for acts of administrative violations in security, social order and safety;

c) Apply remedial measures specified at Points a and c, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

4. Captains of marine police flotillas shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 8,000,000 for acts of administrative violations in security, social order and safety;

c) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified at Point b of this Clause;

d) Apply remedial measures specified at Points a and c, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.

5. Chiefs of coast guard fleets; Heads of reconnaissance teams, and Heads of drug-related crime prevention and combat task force regiments of the High Command of the Vietnam Coast Guard shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 12,000,000 for acts of administrative violations in security, social order and safety;

c) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified at Point b of this Clause;

d) Apply remedial measures specified at Points a and c, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.

6. Coast Guard regional commanders, and the Director of the Professional and Legal Department of the High Command of the Vietnam Coast Guard shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 20,000,000 for acts of administrative violations in security, social order and safety;

c) Deprive of the right to use the permit or certificate of practice for a definite time;

d) Confiscate material evidence and means used to commit the administrative violations;

dd) Apply remedial measures specified at Points a and c, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.

7. The Vietnam Coast Guard Commander shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 40,000,000 for acts of administrative violations in security, social order and safety;

c) Deprive of the right to use the permit or certificate of practice or suspend the operation for a definite time;

d) Confiscate material evidence and means used to commit the administrative violations;

dd) Apply remedial measures specified at Points a and c, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.

Article 72. Competence to impose penalties for administrative violations of the Custom authorities

1. Custom officers who are on duty shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 500,000 for acts of administrative violations in security, social order and safety.

2. Heads of customs teams and squads of Customs Branches; Heads of groups under customs control teams of provincial, inter-provincial or municipal Customs Departments; and Heads of customs teams of Post-Customs Clearance Inspection Branches shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 5,000,000 for acts of administrative violations in security, social order and safety.

3. Heads of Customs Branches; Heads of Post-Customs Clearance Inspection Branches; Heads of customs control teams of provincial, inter-provincial or municipal Customs Departments; Heads of Criminal Investigation Teams; Heads of Anti-Smuggling Control Teams; Chiefs of marine control flotillas, and Heads of Control Teams to Combat Smuggling of Counterfeit Goods and Protect Intellectual Property Rights of the Anti-Smuggling Investigation Department; and Heads of Post-Customs Clearance Inspection Branches of the Post-Customs Clearance Inspection Department shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 25,000,000 for acts of administrative violations in security, social order and safety;

c) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified at Point b of this Clause;

d) Apply remedial measures specified at Point i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.

4. The Director of the Anti-Smuggling Investigation Department and Director of the Post-Customs Clearance Inspection Department of the General Department of Customs, and directors of provincial, inter-provincial and municipal Customs Departments shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 40,000,000 for acts of administrative violations in security, social order and safety;

c) Deprive of the right to use the permit or certificate of practice or suspend the operation for a definite time;

d) Confiscate material evidence and means used to commit the administrative violations;

dd) Apply remedial measures specified at Point i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.

5. The Director General of the General Department of Vietnam Customs shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 40,000,000 for acts of administrative violations in security, social order and safety;

c) Confiscate material evidence and means used to commit the administrative violations;

d) Apply remedial measures specified at Point i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.

Article 73. Competence to impose penalties for administrative violations of the Forest protection force

1. Forest protection officers who are on duty shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 500,000 for acts of administrative violations in security, social order and safety and in fire protection; rescue and salvage.

2. Heads of forest protection stations shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 10,000,000 for acts of administrative violations in security, social order and safety and in fire protection; rescue and salvage;

c) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified at Point b of this Clause.

3. Directors of district-level forest protection offices and Heads of mobile ranger and forest fire prevention and fighting teams shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 25,000,000 for acts of administrative violations in security, social order and safety and in fire protection; rescue and salvage;

c) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified at Point b of this Clause;

d) Apply remedial measures specified at Points a, c and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.

4. Heads of Forest Protection Branches; Heads of Regional Forest Protection Branches, and Heads of Forest Protection Task Force Teams under the Forest Protection Department shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 40,000,000 for acts of administrative violations in security, social order and safety and up to VND 50,000,000 for acts of administrative violations in fire protection; rescue and salvage;

c) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified at Point b of this Clause;

d) Deprive of the right to use the permit or certificate of practice or Suspend the operation for a definite time;

dd) Apply remedial measures specified at Points a, c and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.

5. The director of the Forest Protection Department shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 40,000,000 for acts of administrative violations in security, social order and safety and up to VND 50,000,000 for acts of administrative violations in fire protection; rescue and salvage;

c) Confiscate material evidence and means used to commit the administrative violations;

d) Deprive of the right to use the permit or certificate of practice or suspend the operation for a definite time;

dd) Apply remedial measures specified at Points a, c and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.

Article 74. Competence to impose penalties for administrative violations of the Fisheries resources surveillance force

1. Fisheries resources surveillance officers who are on duty shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 2,000,000 for acts of administrative violations in security, social order and safety; in fire protection; rescue and salvage;

c) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified at Point b of this Clause.

2. Heads of Fisheries resources surveillance stations under Regional Fisheries resources surveillance branches shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 10,000,000 for acts of administrative violations in security, social order and safety; in fire protection; rescue and salvage;

c) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified at Point b of this Clause;

d) Apply remedial measures specified at Points a and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

3. Heads of Regional Fisheries resources surveillance branches shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 40,000,000 for acts of administrative violations in security, social order and safety; up to VND 50,000,000 for acts of administrative violations in fire protection; rescue and salvage;

c) Confiscate material evidence and means used to commit the administrative violations;

d) Apply remedial measures specified at Points a and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.

4. The Director of the Department of Fisheries resources surveillance shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 40,000,000 for acts of administrative violations in security, social order and safety; up to VND 50,000,000 for acts of administrative violations in fire protection; rescue and salvage;

c) Deprive of the right to use the permit or certificate of practice or suspend the operation for a definite time;

d) Confiscate material evidence and means used to commit the administrative violations;

dd) Apply remedial measures specified at Points a and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.

Article 75. Competence to impose penalties for administrative violations of the Market surveillance force

1. Market surveillance officers who are on duty shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 500,000 for acts of administrative violations in security, social order and safety.

2. Heads of Market surveillance teams and heads of professional divisions of the Market surveillance professional Department shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 25,000,000 for acts of administrative violations in security, social order and safety;

c) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified at Point b of this Clause;

d) Apply remedial measures specified at Points a, e and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.

3. Directors of provincial-level Market surveillance Departments, and the Director of the Market surveillance Professional Department of the Vietnam Directorate of Market Surveillance shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 40,000,000 for acts of administrative violations in security, social order and safety;

c) Confiscate material evidence and means used to commit the administrative violations;

d) Apply remedial measures specified at Points a, c, e and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.

4. The General Director of the Vietnam Directorate of Market surveillance shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 40,000,000 for acts of administrative violations in security, social order and safety;

c) Confiscate material evidence and means used to commit the administrative violations;

d) Apply remedial measures specified at Points a, c, e and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.

Article 76. Competence to impose penalties for administrative violations of the Inspectorates

1. Inspectors who are on duty shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 300,000 for acts of administrative violations in domestic violence prevention and control; up to VND 400,000 for acts of administrative violations in security, social order and safety; up to VND 500,000 for acts of administrative violations in fire protection; rescue and salvage; up to VND 750,000 for acts of administrative violations in prevention of social evils;

c) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified at Point b of this Clause;

d) Apply remedial measures specified at Points a and c, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

2. Chief inspectors of provincial-level Departments shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 15,000,000 for acts of administrative violations in domestic violence prevention and control; up to VND 20,000,000 for acts of administrative violations in security, social order and safety; up to VND 25,000,000 for acts of administrative violations in fire protection; rescue and salvage; up to VND 37,500,000 for acts of administrative violations in prevention of social evils;

c) Deprive of the right to use the permit or certificate of practice or suspend the operation for a definite time;

d) Confiscate material evidence and means used to commit the administrative violations with value not exceeding 02 times the fine level specified at Point b of this Clause;

dd) Apply remedial measures specified at Points a, c, e and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.

3. Chiefs of Inspectorates of ministries and ministerial-level agencies, the Director of the Insurance Management and Supervision Department shall have the powers to:

a) Impose a warning;

b) Impose a fine of up to VND 30,000,000 for acts of administrative violations in domestic violence prevention and control; up to VND 40,000,000 for acts of administrative violations in security, social order and safety; up to VND 50,000,000 for acts of administrative violations in fire protection; rescue and salvage; up to VND 75,000,000 for acts of administrative violations in prevention of social evils;

c) Deprive of the right to use the permit or certificate of practice or suspend the operation for a definite time;

d) Confiscate material evidence and means used to commit the administrative violations;

dd) Apply remedial measures specified at Points a, c, e and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.

4. Heads of ministerial-level specialized inspection teams shall have the competence to impose penalties in accordance with regulations in Clause 3 of this Article.

Heads of specialized inspection teams of provincial-level departments and Heads of specialized inspection teams of agencies assigned to perform the function of specialized inspection shall have the competence to impose penalties in accordance with regulations in Clause 2 of this Article.

Article 77. Competence to impose penalties for administrative violations of diplomatic missions, consular offices and other agencies authorized to perform the consular function of the Socialist Republic of Vietnam overseas

Heads of diplomatic missions, consular offices and other agencies authorized to perform the consular function of the Socialist Republic of Vietnam overseas shall have the powers to:

1. Impose a warning.

2. Impose a fine of up to VND 40,000,000 for acts of administrative violations in security, social order and safety.

3. Confiscate material evidence and means used to commit the administrative violations.

4. Apply remedial measures specified at Points a and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 3 of this Decree.

Article 78. Principles of determination and division of competence to impose penalties for administrative violations

1. The competence to impose penalties for administrative violations of the competent persons specified in Articles 68, 69, 70, 71, 72, 73, 74, 75, 76 and 77 of this Decree shall be the competence applicable to an act of administrative violation of an individual. In the case of imposing fines, the competence to impose penalties for organizations shall be twice higher than the competence to impose penalties for individuals.

2. Chairpersons of People’s Committees at all levels shall be competent to impose penalties for administrative violations and apply remedial measures for acts of administrative violations specified in Chapter II of this Decree in accordance with the competence prescribed in Article 68 of this Decree and the assigned functions, tasks and powers.

3. The persons competent to impose penalties of the People’s Public Security shall be competent to impose penalties for administrative violations and apply remedial measures for acts of administrative violations specified in Chapter II of this Decree in accordance with the competence prescribed in Article 69 of this Decree and the assigned functions, tasks and powers within the field and localities in charge.

4. The persons competent to impose penalties of the Border Guard shall be competent to impose penalties for administrative violations and apply remedial measures for acts of administrative violations specified in Articles 7, 8 and 15; Clause 1, Points c, d and dd, Clause 2, Clauses 3, 4, 5, 6 and 7, Article 18; Articles 24, 25, 26, 27, 28, 32, 34, 45 and Articles in Section 4, Chapter II of this Decree in accordance with the competence specified in Article 70 of this Decree, within the scope, field and localities in charge and the assigned functions, tasks and powers.

5. The persons competent to impose penalties of the Marine police shall be competent to impose penalties for administrative violations and apply remedial measures for acts of administrative violations specified at Point d, Clause 1, Point dd, Clause 2, Point c, Clause 3, Point d, Clause 4, Points a and c, Clause 5 Article 7; Point a, Clause 1, Points a, b and c, Clause 2, Points b and d, Clause 4 Article 10; Points a, b, c, d and dd, Clause 1, Points a, b, c, d, e, g and m, Clause 2, Points a, b, d, dd, g, h, i and k, Clause 3, Points a, b, c, d, dd, e, g, h and i, Clause 4, Points a, b and c, Clause 5, Article 11; Points a, b and dd, Clause 1, Points a, d, dd and e, Clause 2, Article 15; Clause 1, Article 20; Articles 21, 23 and 28 of this Decree in accordance with the competence specified in Article 71 of this Decree, within the assigned functions, tasks and powers and localities at sea.

6. The persons competent to impose penalties of the Customs authorities shall be competent to impose penalties for administrative violations and apply remedial measures for acts of administrative violations specified at Points c and dd, Clause 3, Point d, Clause 4, Article 7; Points dd and k, Clause 3, Points a, c, d and e, Clause 4, Point a, Clause 5, Article 11 and Article 21 of this Decree in accordance with the competence specified in Article 72 of this Decree, within the assigned functions, tasks and powers.

7. The persons competent to impose penalties of the Forest protection force and the Fisheries resources surveillance force shall be competent to impose penalties for administrative violations and apply remedial measures for acts of administrative violations specified in Article 21 and Section 3, Chapter II of this Decree in accordance with the competence specified in Article 73 and 74 of this Decree, within the assigned functions, tasks and powers.

8. Heads of diplomatic missions, consular offices and other agencies authorized to perform the consular function of the Socialist Republic of Vietnam overseas shall be competent to impose penalties for administrative violations and apply remedial measures for acts of administrative violations specified in Articles 18 and 21 of this Decree in accordance with the competence specified in Article 77 of this Decree, within the assigned functions, tasks and powers.

9. The Labor - Invalids and Social Affairs inspectors shall be competent to impose penalties for administrative violations and apply remedial measures for acts of administrative violations specified in Section 2, Chapter II of this Decree in accordance with the competence specified in Article 76 of this Decree, within the assigned functions, tasks and powers.

10. The Culture, Sports and Tourism inspectors shall be competent to impose penalties for administrative violations and apply remedial measures for acts of administrative violations specified in Section 4, Chapter II of this Decree in accordance with the competence specified in Article 76 of this Decree, within the assigned functions, tasks and powers.

11. The inspectors of the Ministry of Finance, Director of the Department of Insurance Management and Supervision shall be competent to impose penalties for administrative violations for acts of administrative violations specified at Point b, Clause 1 and Clause 3, Article 49 of this Decree in accordance with the competence specified in Article 76 of this Decree, within the assigned functions, tasks and powers.

12. Specialized inspection forces shall be competent to impose penalties for administrative violations for acts of administrative violations specified at Points c and d, Clause 3, Article 7 and Article 21 of this Decree in accordance with the competence specified in Article 76 of this Decree, within the assigned functions, tasks and powers.

13. The persons competent to impose penalties of the Market surveillance shall be competent to impose penalties for administrative violations specified in Article 20 of this Decree in accordance with the competence specified in Article 75 of this Decree, within the assigned functions, tasks and powers.

Article 79. Competence to make minutes of administrative violations

1. The persons competent to impose penalties for administrative violations specified in Articles 68, 69, 70, 71, 72, 73, 74, 75, 76 and 77 of this Decree

2. Competent persons, persons assigned to perform specialized inspection tasks, persons of the People's Public Security force who are on duty, are conducting tasks in accordance with their assigned functions, tasks and powers.

3. Police officers shall be competent to make minutes of violations occurring within their management areas.

Chapter IV
IMPLEMENTATION PROVISIONS

Article 80. Effect

1. This Decree takes effect from January 1, 2022.

2. This Decree replaces the Government’s Decree No. 167/2013/ND-CP dated November 12, 2013, prescribing regulations on imposing penalties for administrative violations in the field of security, social order and safety; prevention of social evils; fire protection; rescue and salvage; domestic violence prevention and control.

Article 81. Transitional provisions

1. For acts of administrative violations in security, social order and safety; in prevention of social evils; in fire protection; rescue and salvage; in domestic violence prevention and control occurring before the date on which this Decree takes effect but then detected or being considered and settled, the Government's Decree on imposing penalties for administrative violations which is effective at the time of committing violations shall prevail. In cases where this Decree does not prescribe the liability or prescribe lighter liability for acts that have occurred before the date on which this Decree takes effect, the provisions of this Decree shall prevail.

2. For decisions on imposing penalties for administrative violations that have been issued or have been completed before the date on which this Decree takes effect but still under complain, the provisions of the Law on Handling of Administrative Violations, the Government’s Decree No. 167/2013/ND-CP dated November 12, 2013 on imposing penalties for administrative violations in the field of security, social order and safety; prevention of social evils; fire protection; rescue and salvage; domestic violence prevention and control shall prevail.

3. For administrative violations related to the management and use of household registration books and temporary residence books which occur before December 31, 2022, such violations shall be subject to the penalties as prescribed by this Decree.

Article 82. Implementation responsibilities

1. The Minister of Public Security shall be responsible for guiding, inspecting, urging and organizing the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of Government-attached agencies, Chairpersons of People's Committees of provinces and centrally-run cities and relevant organizations and individuals shall be responsible for the implementation of this Decree.

On behalf of the Government

For the Prime Minister

Deputy Minister

Pham Binh Minh