Nghị định 167/2013/NĐ-CP xử phạt VPHC lĩnh vực an ninh trật tự

THE GOVERNMENT

Decree No.167/2013/ND-CPdated November 12, 2013 of the Government providing regulation on sanctioning of administrative violation in social security, order and safety; prevention and fight against social evils, fire and domestic violence

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

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

Pursuant to the Law on Fire Prevention and Fighting dated June 29, 2012;

Pursuant to the Law on Residence dated November 29, 2006 and the Law amending and supplementing a number of articles of the Law on Residence dated June 20, 2013;

Pursuant to the Law on Domestic Violence prevention dated November 21, 2007;

Pursuant to the Law on Drug Prevention dated December 09, 2000 and the Law amending and supplementing a number of articles of the Law on Drug Prevention dated June 03, 2008;

Pursuant to the Law on enforcement of criminal judgment dated June 17, 2010

Pursuant to the Ordinance on Protection of State Secrets dated December 28, 2000;

Pursuant to the Ordinance on Prostitution Prevention dated March 17, 2003;

Pursuant to the Ordinance on management and use of weapons, explosive materials and supporting tools dated June 30, 2011 and the Ordinance amending and supplementing a number of articles of the Ordinance on management and use of weapons, explosive materials and supporting tools

At the request of the Minister of Public Security;

The Government hereby promulgates the Decree providing regulation on sanctioning of administrative violation in social security, order and safety; prevention and fight against social evils, fire and domestic violence;

Chapter1.

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides for acts of administrative violation, sanctioning form, level and remedial measures for each act of administrative violation, competence to make record and impose sanction, fine level for each title for the acts of administrative violation in social security, order and safety, prevention and fight against social evils, fire and domestic violence.

2.The acts of administrative violation in other fields directly related to the social security, order and safety, prevention and fight against social evils, fire and domestic violence that are not prescribed in this Decree shall be sanctioned in accordance with other Government’s Decrees on sanctioning of administrative violation in the relevant fields of state management.

Article 2. Subjects of application

1. Vietnamese or foreign organizations and individuals committing acts of administrative violation in the fields of social security, order and safety, prevention and fight against social evils, fire and domestic violence in the territory, internal waters, territorial sea, contiguous zone, exclusive economic zone and continental shelf of the Socialist Republic of Vietnam; on aircraft and vessels flying Vietnamese flag shall be sanctioned under the provisions of this Decree and other regulations of relevant laws on sanction of administrative violation.

2. The agencies or persons competent to sanction administrative violation in social security, order and safety, prevention and fight against social evils, fire and domestic violence and related individuals and organizations.

3. In cases where a treaty to which the Socialist Republic of Vietnam has signed contains different provisions, these provisions of such treaty shall be applied.

Article 3. Sanctioning forms and remedial measures

1. For each act of administrative violation in the social security, order and safety, prevention and fight against social evils, fire and domestic violence, the organizations and individuals shall be subject to one of the main sanctioning forms as follows:

a) A warning;

b) A fine.

2. Based on the nature and seriousness of violation, the organizations and individuals committing the administrative violation in the social security, order and safety, prevention and fight against social evils, fire and domestic violence shall also be subject to one or several of the additional sanction as follows:

a) Deprivation of the right to use the permit or certificate of practice or suspension of operation for a definite time.

b) Confiscation of material evidences and means used in administrative violations and (hereinafter referred to as material evidences or means of administrative violation).

3. In addition to the remedial measures specified in Clause 1, Article 28 of the Law on Handling of Administrative Violations, the organizations and individuals committing acts of administrative violation in the social security, order and safety, prevention and fight against social evils, fire and domestic violence shall also be subject to one or several of the remedial measures as follows:

a) Forcibly reducing the quantity and amount of substance or goods at risk of fire and explosion to the prescribed rate;

b) Forcibly removing the substance at risk of fire and explosion to the prescribed storage or location;

c) Forcibly re-arranging the substance or goods at risk of fire and explosion as prescribed;

d) Forcibly revoking and annulling documents, materials and information relating to the administrative violation;

dd) Forcibly making public apology upon the victim’s request;

e) Other remedial measures specified in Chapter II of this Decree;

4. The application of form of sanction as expulsion for foreigners may be the main form of sanction or additional sanction;

Article 4. Provisions on fine level

1. The maximum fine level in the prevention and fight against domestic violence is VND 30,000,000 for individuals and 60,000,000 for organizations; the maximum fine level in the field of social security, order and safety and social evil prevention is VND 40,000,000 for individuals and 80,000,000 for organizations; the maximum fine level in fire prevention and fighting is VND 50,000,000 for individuals and 100,000,000 for organizations;

2. The fine level specified in Chapter II of this Decree is the one applied for administrative violation committed by individuals. For organizations committing the same act of violation, the fine level is twice as much as that for individuals;

Chapter2.

ACTS OF ADMINISTRATIVE VIOLATION, SANTIONING FORMS AND REMEDIAL MEASURES

SECTION 1. ADMINISTRATIVE VIOLATIONS ON SECURITY, ORDER AND SOCIAL ORDER

Article 5. Violation of regulations on public order

1. A warning or a fine of between VND 100,000 and 300,000 shall be imposed for any of the acts of violation as follows:

a) Having gestures and words which are rude, provocative, teasing or insulting to the honor and dignity of others;

b) Causing disorder at theatres, cinemas, cultural houses, clubs, places of art performance, sports and fitness activities, festivals, fairs, offices, organizations, residential areas, schools, hospitals, railway stations, wharves, bus stations, in the streets, at border gates, ports or at other public places;

c) Leaving domestic animals wander in cities, towns or public places;

2. A fine of between VND 500,000 and 1,000,000 shall be imposed for any of the acts of violation as follows:

a) Fighting or instigating others to fight;

b) Giving false information to the competent state agency;

c) Getting drunk causing public disorder;

d) Throwing bricks, stones, soil, sand or anything into houses, means of transportation, people, objects and assets of others.

dd) Crowded gathering at public places causing disorder.

e) Leaving domestic animals cause damage to assets of others;

g) Flying kites, balloons, playing aircraft or flying saucer game with remote control or other flying objects in the airport area, restricted areas, burning and flying "sky lantern";

h) Harassing or annoying others during loading and unloading, transportation, keeping of luggage at wharves, bus stations, airports, ports, railway stations and other public places.

3. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for any of the acts of violation as follows:

a) Keeping and hiding in body, objects and vehicles kinds of knife, hammer and other tools and means generally used in working and daily activities aimed at disrupting public order or intentionally causing injury to other persons;

b) Enticing or provoking others to cause perturbation and loss of public order;

c) Hiring or enticing others to fight;

d) Causing disorder at the trial, where judgments are enforced or having other acts that impede the adjudication and enforcement of judgments;

dd) Causing disorder at the place of enforcement of judgments;

e) Harming or hiring others to harm the others’ health;

g) Abusing democratic freedoms, freedom of religion to entice or incite others to infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals;

h) Causing perturbation or obstructing normal functioning of institutions and organizations;

i) Illegally grouping at public places or restricted places and areas;

k)Organizing and facilitating others to marry foreigners in contradiction with the practices and customs or in contradiction with regulations of law, affecting the security, order and social safety;

l)Writing, distributing or circulating documents with distorted and fabricated contents affecting the reputation of the organization or individual;

m)Storing and transporting “sky lantern”.

4. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for any of the acts of violation as follows:

a) Causing public disorder with crude weapons or supporting tools;

b) Producing, importing and trading “sky lantern”;

5. Additional sanction:

Confiscation of material evidences and means used in administrative violations for the acts specified at Point g, Clause 2, Points a, l, m, Clauses 3 and 4 of this Article;

6. Foreigners committing acts of administrative violation specified at Point k, Clause 3 of this Article, depending on the seriousness of violation, may be sanctioned in the form of expulsion from the Socialist Republic of Vietnam.

Article 6. Violation of regulations on ensuring the general quietness

1. A warning or a fine of between VND 100,000 and 300,000 shall be imposed for any of the acts of violation as follows:

a) Causing loud noise, making noise or boisterousness in residential area or public places during the time from 22 o’clock of the previous day to 6 o’clock of the following day.

b) Failing to comply with regulations on keeping quiet of hospitals, nursing homes, schools or other places with regulations on keeping general quiet;

c) Selling food and refreshments exceeding the prescribed time of the People’s Committees of provinces or centrally-run cities.

2. A fine of between VND 300,000 and 500,000 shall be imposed for the acts of using loudspeakers, gong, drum, whistle, horn or other means for propaganda at public areas without permission from the competent authority.

3. Additional sanctions:

Confiscation of material evidences or means used in administrative violations for the acts specified in Clause 2 of this Article;

Article 7. Violation of regulations on keeping general sanitation

1. A warning or a fine of between VND 100,000 and 300,000 shall be imposed for any of the acts of violation as follows:

a) Failing to comply with regulations on sweeping garbage and clearing sewer obstruction around houses, agencies, enterprises and barracks causing the general insanitation;

b) Pouring water or leaving water run out to the collective area, roadway, pavement, railway station, bus station, on means of transportation or other places to cause loss of general sanitation;

c) Urinating or defecating in the streets, on the common walkways in public areas and residential areas;

d) Leaving cattle, poultry or other animals defecate in public places;

dd) Collecting and transporting garbage and waste by rudimentary vehicles in cities and towns with scattering or without sanitation assurance;

e) Raising cattle and poultry and animal causing loss of general sanitation in residential areas;

2. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for any the acts of violation as follows:

a) Pouring or throwing waste, dirt or other substances to smear houses, offices, workplaces and business and production place of others;

b) Arbitrarily burning garbage, waste, toxic substance or hazardous substances in residential or public areas;

c) Disposing garbage and waste or anything into the manhole and public water drainage system, on pavement and roadway;

d) Disposing garbage or waste and animal body or anything else causing pollution at public places or places with fountain, drinking water well, ponds, lakes where people use water for living activities.

3. Remedial measures:

a) Forcibly taking remedial measures of environmental pollution for the acts specified at Pointsb, c, d,dd, e, Clause 1 and Points b, d, Clause 2 of this Article;

b) Forcibly restoring the initial condition for the acts specified at Points a and c, Clause 2 of this Article;

Article 8. Violation of regulations on registration and management of residence

1. A fine of between VND 100,000 and 300,000 shall be imposed for any of the acts of violation as follows:

a) Individuals or house holders failing to comply with the regulations on registration of permanent or temporary residence or adjust the changes in the family register or temporary residence book;

b) Individuals or house holders failing to comply with the regulations on announcement of temporary stay or declaration of temporary absence;

c) Failing to comply with the examination of family residents, temporary residence, temporary stay or failing to present family register, temporary residence book and other papers related to temporary stay of the competent authority;

2. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for any of the acts of violation as follows:

a) Erasing, modifying or having other acts to falsify the content of family register, temporary residence book and other papers related to the temporary stay;

b) Providing untruthful information and documents about the residence;

c) Hiring or leasing the family register, temporary residence book and other papers related to the residence to perform acts in contradiction with regulations of law;

d) Using family register, temporary residence book and other papers related to residence for performance of acts in contradiction with law;

dd) The accommodation establishment failing to inform the police authority of the staying of guest as prescribed;

e) Instigating, inciting, entice, seducing, brokering or forcing others to violate the law on residence.

3. A fine of between VND 2,000,000 and 4,000,000 shall be imposed for any of the acts of violation as follows:

a) Committing perjury, forging documents or papers for registration of permanent residence, temporary residence, issue of family register or temporary residence book;

b) Forging the family register or temporary residence book for registration of permanent residence;

c) Using fake family register or temporary residence book;

d) Permitting the others to register residence at their shelter for profit or in fact the persons registering residence do not live at that place;

dd) Individuals or family householders have permitted other to join the family register in the same residence as theirs but fail to ensure the minimum area per person as prescribed;

e) Signing non-definite labor contract with the laborers who do not belong to their enterprises for joining family register;

g) Using labor contract in contradiction with regulations of law for joining family register;

h) Failing to declare temporary residence for foreigners who rent house;

4. Additional sanction:

Confiscation of the material evidences or means used in administrative violations, for the acts specified at Point a, Clause 2, Points a, b and c, Clause 3 of this Article;

5. Remedial measures:

a) Forcibly revoking the family register, temporary residence book and other papers related to the residence for the acts specified at Point a, Clause 2, Point a, Clause 3 of this Article;

b) Forcibly cancelling the untruthful information and documents for the acts specified at Point b, Clause 2 of this Article;

c) Forcibly surrendering the illegal benefits obtained due to acts of administrative violation specified at Point d, Clause 3 of this Article;

d) Forcibly annulling the labor contract in contradiction with the regulations of law to join the family register specified at Points e and g, Clause 3 of this Article.

Article 9. Violation of regulations on management and use of identity card

1. A warning or a fine of between VND 100,000 and 200,000 shall be imposed for any of the acts of violation as follows:

a) Failing to present identity card upon the examination requirement of the competent person;

b) Failing to comply with regulations of law on new issuance, re-issuance or change of identity card;

c) Failing to comply with regulations of law on revocation, temporary seizure of identity card upon the requirement of the competent persons.

2. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for any of the acts of violation as follows:

a) Using the identity card of others to commit acts in contradiction with regulations of law;

b) Erasing or modifying identity card;

c) Hiring, borrowing or leasing or lending the identity card to others to commit acts in contradiction with regulations of law.

3. A fine of between VND 2,000,000 and 4,000,000 shall be imposed for any of the acts of violation as follows:

a) Committing perjury, forging documents or providing untruthfully information and documents to be issued with identity card;

b) Forging identity cards;

c) Using fake identity card.

4. A fine of between VND 4,000,000 and 6,000,000 shall be imposed for the act of mortgage of identity card to commit acts in contradiction with regulations of law

5. Additional sanction:

Confiscation of material evidences or means used in administrative violations for the acts specified at Point b, Clause 2, Clause 3 of this Article;

6. Remedial measures:

Forcibly revoking the identity card for the acts specified at Point b, Clause 2 of this Article;

Article 10. Violation of regulations on management and use of weapons, explosive materials, supporting tools, fire crackers and prohibited dangerous toys

1. A fine of between VND 500,000 and 1,000,000 shall be imposed for any of the acts of violation as follows:

a) Failing to comply or fully and promptly comply with the regulations on periodic inspection of types of weapons, explosive materials and supporting tools equipped;

b) Violating the regulations on preservation of types of weapons, explosive materials and supporting tools

c) Letting children use prohibited dangerous toys;

d) Circulating types of invalid permit on management and use of types of weapons, explosive materials and supporting tools;

2. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for any of the acts of violation as follows:

a) Failing to fully declare and register types of weapons, explosive materials and supporting tools with the competent authority;

b) Using types of fire cracker without permission;

3. A fine of between VND 2,000,000 and 4,000,000 shall be imposed for any of the acts of violation as follows:

a) Destroying and intentionally damaging, giving, donating, sending, borrowing, lending, renting, leasing, pledging, mortgaging weapons, explosive materials and supporting tools;

b) Exchanging, trading, forging, repairing, erasing, borrowing, lending, renting, leasing, pledging, mortgaging and damaging types of permit, certificate and certification on management and use of weapons, explosive materials, supporting tools and fireworks;

c) Failing to inform the competent authority of loss of types permit, certificate and certification on management and use of weapons, explosive materials, supporting tools and fireworks;

d) Using types of weapons, explosive materials, supporting tools in contradiction with regulation but resulted in no consequence;

dd) Using types of weapons, explosive materials, supporting tools without permit;

e)Handing over weapons and supporting tools to the persons who are not qualified and eligible for using them;

g) Failing to surrender weapons, explosive materials and supporting tools as prescribed;

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

a) Trading refused materials, rejected items as weapons, explosive materials and supporting tools;

b) Violating the regulations on safety of transporting weapons, explosive materials and supporting tools;

c) Sawing or defusing bomb, mine, bullet, ammunition, grenades, under water mines and types of weapon to get explosives illegally;

d) Producing, storing, trading and illegally transporting firecrackers, firecrackers powder and dangerous toys;

dd) Losing weapon and supporting tools;

5. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for any of the acts of violation as follows:

a) Producing, repairing types of primitive weapon and supporting tools without permit;

b) Producing and repairing types of toy which have been banned;

c) Trading, transporting and storing primitive weapons and supporting tools without permit;

d) Illegally trading, transporting and storing sports weapons;

dd) Transporting weapons, details of military weapon, explosives accessories and supporting tools without permit or with permit but failing to comply regulations in the permit or having no other papers as prescribed by law;

e) Selling industrial explosive materials or high-content ammonium nitrate (from 98.5% or more) to the units which have not been issued with certificate of eligibility for security, order, and the permit for use of industrial explosive materials or high-content ammonium nitrate (from 98.5% or more) or the written approval of the competent state authority;

6. A fine of between VND 20,000,000 and 40,000,000 shall be imposed for any of the acts of violation as follows:

a) Illegally producing, fabricating and repairing military weapon, sports weapons and hunting rifles;

b) Illegally bringing in or out of the territory of Vietnam weapons, hunting rifles, supporting tools, types of firecrackers and dangerous toys.

7. Acts of administrative violation in management of industrial explosive materials shall be sanctioned under the Government’s Decrees and other normative legal documents related to the regulations on sanction of administrative violation in the area of chemistry, fertilizer and management of industrial explosive materials;

8.Additional sanctions:

a) Confiscation of material evidences or means used in administrative violations  for the acts specified at Point c, Clause 1, Point b, Clause 2, Points d, dd, g, Clause 3, Points a, c, d, Clause 4, Clauses 5 and 6 of this Article;

b) Deprivation of the right to use the weapon and supporting tool license from 03 to 06 months for the acts specified at Point e, Clause 3 of this Article;

c) Deprivation of the right to use types of permit, certificate or certification on management and use of weapons, explosive materials, supporting tools and fireworks from 09 to 12 months for the acts specified at Points a, b, d, Clause 3; Point b, Clause 4 of this Article;

9.Remedial measures:

Forcibly revoking and annulling the permit, certificate or certification on management and use of weapons, explosive materials, supporting tools and fireworks for the acts specified at Point b, Clause 3 of this Article;

Article 11. Violation of regulations on management of conditional business line on security and order

1. A fine of between VND 500,000 and 1,000,000 shall be imposed for any of the acts of violation as follows:

a) Employing persons who are not qualified and eligible for work in conditional business establishments on security and order;

b) Failing to present the certificate of eligibility for security and order upon the examination requirements of the competent authority;

c) Failing to immediately inform the competent authority of loss of certificate of eligibility for security and order;

d) Failing to comply with regulations on management of security and order for conditional business line;

2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for any of the acts of violation as follows:

a) Conducting business inconsistently with the business line and location specified in the certificate of eligibility for security and order;

b) Changing the head of enterprise, branch, legal representative and representative office of business establishment without a written notification to the competent authority;

c) Lending, leasing, buying and selling the certificate of eligibility for security and order to commit acts in contradiction with the law;

d) Getting a mortgage of assets which do not have ownership documents as prescribed;

dd) Getting a mortgage of assets without any contract as prescribed;

e) Getting a mortgage of assets which belong to another person without his/her legal power-of-attorney handed over to the person who brings the assets for mortgage;

g) Preserving the mortgaged assets at improper place of registration with the competent authority;

h) Conducting business in disco, electronic games with prize for foreigners and casino without security guard who is employee of security services enterprise as prescribed;

i) Selling or giving the signaling equipment of priority vehicle to the persons who do not have the use permit of equipment mentioned above of the competent authority;

3. A fine of between VND 5,000,000 and 15,000,000 shall be imposed for any of the acts of violation as follows:

a) Conducting conditional business line on security and order without certificate of eligibility for security and order;

b) Erasing or modifying certificate of eligibility for security and order;

c) Failing to properly and fully maintain the conditions for security and order during business activities;

d) Making a loan with mortgage but the interest rate exceeds 150% of basic interest rate announced by the State Bank of Vietnam at the time of loan.

4. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for any of the acts of violation as follows:

a) Using the establishment of conditional business line on security and order to organize the social evil activities or other acts of legal violation;

b) Mortgaging assets which come from theft, fraud, appropriation or due to others’ crime.

5.Additional sanctions:

a) Deprivation of the right to use the permit, certificate of practice or certificate of eligibility for security and order from 03 to 06 months for the acts specified at Point a, c, Clause 2, Point d, Clause 3 of this Article;

b) Deprivation of the right to use the certificate of practice or certificate of eligibility for security and order from 03 to 09 months for the acts specified in Clause 4 of this Article;

6. Foreigners committing acts of administrative violation specified in Clauses 2, 3 and 4 of this Article, depending on the seriousness of violation, shall be imposed sanction as expulsion from the Socialist Republic of Vietnam;

Article 12. Violation of regulations on management and use of seal

1. A fine of between VND 500,000 and 1,000,000 shall be imposed for any of the acts of violation as follows:

a) Failing to immediately inform the competent authority of the loss or damage of certificate of seal sample registration;

b) Failing to re-register the seal sample with the competent authority as prescribed;

2. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for any of the acts of violation as follows:

a) Carving types of seal without seal carving permit or other papers as prescribed;

b) Using the seal without registration of deposit of seal sample or certificate of seal sample registration;

c) Arbitrarily bringing the seal out of the agency or unit without permission of the competent level;

d) Failing to immediately notifying the competent authority of the loss of seal being used.

dd) Failing to change seal upon the decision of competent authority on the change of agency or organization using the seal or change of name of higher level agency or change of head office of agency or organization related to the seal sample;

e) Failing to re-carve the seal under the prescribed sample;

g) Failing to return the seal and certificate of seal sample registration upon the effect of the competent authority’s decision on the splitting, merger, consolidation, dissolution, end of tasks, conversion of form of ownership or termination of operation of organizations or agencies or temporarily suspending the use of seal;

h) Failing to inform the competent authority of the seal sample before use;

i) Failing to present the seal and certificate of seal sample registration upon the requirement of the competent authority;

3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for any of the acts of violation as follows:

a) Failing to return the seal and certificate of seal sample registration or failing to return the seal at the prescribed time limit upon the decision of recovery of the competent authority;

b) Affixing seal on documents or papers which do not have the signature of the competent person or incompetent person;

c) Borrowing, lending or using the seal of other agencies or organizations for operation;

d) Producing the seal of legal person inconstantly with the prescribed procedures;

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

a) Bringing the seal of the Socialist Republic of Vietnam without a permit or certificate of seal sample registration;

b) Illegally using the seal brought from abroad into Vietnam;

c) Forging documents to have additional seal of organizations or agencies;

d) Carving fake seal or using fake seal.

5.Additional sanctions:

a) Confiscation of material evidences or means used in administrative violations for the acts specified at Point a, Clause 2, Point d, Clause 3, Points c and d, Clause 4 of this Article;

b) Deprivation of the right to use or certificate of practice from 03 to 06 months for the acts specified at Point a, Clause 2, Point d, Clause 3 of this Article;

6.Remedial measures:

a) Forcibly recovering the seal for the acts specified at Points b, dd and e of Clause 2, Point c, Clause 3, Points c and d, Clause 4 of this Article;

b) Forcibly revoking the seal and certificate of seal sample registration for the acts specified at Point g, Clause 2; Point a, Clause 3 of this Article;

c) Forcibly invalidating the documents and papers with improper seal for the acts specified at Point b, Clause 3 of this Article;

6. Foreigners committing acts of administrative violation specified in Clauses 3 and 4 of this Article, depending on the seriousness of violation, may be sanctioned in the form of expulsion from the Socialist Republic of Vietnam.

Article 13. Violation of regulations on management of security services business activities

1. A warning or a fine of between VND 100,000 and 300,000 shall be imposed for any of the acts of violation as follows:

a) Security guards do not wear uniforms and nameplates or use nameplates in contradiction with regulation when performing duties of security guard;

b) Having no certificate of security guard issued by Director of enterprise;

2. A fine of between VND 200,000 and 500,000 shall be imposed for any of the acts of violation as follows:

a) Failing to inform the competent authority of location of head office or protection target, enterprise’s starting time of operation, branch and representative office; failing to make periodical report or immediately inform the competent authority of loss of certificate of eligibility for security and order;

b) Failing to present the certificate of eligibility for security and order for security services business upon the examination requirements of the competent authority;

c) Employing the security guards who are not trained or issued with certificate of security operation;

d) Failing to fully train and test the security guards;

3. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for any of the acts of violation as follows:

a) Conducting other business lines and services in addition to the security services, unless otherwise specified at Point c, Clause 4 of this Article;

b) Failing to inform the competent authority of the change of head of enterprise, branch or representative office;

c) Failing to issue the certificate of security guard or nameplates to the security guards;

d) Failing to recruit security guards who are qualified and eligible as prescribed.

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

a) Conducting security services business without certificate of eligibility for security and order for security services business;

b) Failing to properly equip the security guards with uniform, nameplates, badges and hats;

c) Performing the investigation and private detective in any form;

d) Permitting the others to borrow name of organizations and individuals to establish the enterprise of security services business;

dd) Establishing the enterprise of security services business but leaving it for others to do business;

e) Training and issuing certificate of security operation to the security guards without permission and beyond the competence;

g) Conducting the security services business without signing contract with individuals and organizations hiring the security services;

h) Hiring the security services but requiring the security guard to use force or perform acts of law violation, infringing the legitimate rights and interests of individuals and organizations;

i) Hiring the security services for the purpose of threatening, obstructing or causing difficulties to the individuals and organizations’ normal activities;

5.Additional sanctions:

a) Deprivation of the right to use the certificate of eligibility for security and order to do the security services business from 01 to 03 months for the acts specified at Point c, Clause 2 of this Article;

b) Deprivation of the right to use the certificate of eligibility for security and order to do the security services business from 03 to 06 months for the acts specified at Point a, Clause 3, Points c, g, Clause 4 of this Article;

c) Confiscation of material evidences and means used in administrative violations for the acts specified at Point b, Clause 4 of this Article;

6. Foreigners committing acts of administrative violation specified in Clauses 3 and 4 of this Article, depending on the seriousness of violation, shall be imposed sanction as expulsion from the Socialist Republic of Vietnam;

Article 14. Violation of the provisions of criminal procedure, enforcement of criminal judgment, enforcement of administrative remedies

1. A warning or a fine of between VND 100,000 and 300,000 shall be imposed for the act of failing to fulfill the obligations of the persons subject to the judicial measures of education at communes, wards and towns as prescribed.

2. A fine of between VND 500,000 and 1,000,000 shall be imposed for the acts violating the regulations on compliance with educational measures at communes, ward and towns; sending the person concerned to the reformatory school or compulsory education establishments or compulsory detoxification facilities.

3. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for any of the acts of violation as follows:

a) Violating the regulations on compliance with preventive measures such as: arrest, custody, detention, guarantee, banned from leaving the residence, guarantee with money or valuable assets or other acts of violation of preventive measures as prescribed by law;

b) Violating the obligations of the person involved in the proceedings: failing to provide documentation or physical evidence upon the legal requirements of the agency and persons conducting the proceedings, failing to fulfill the obligation of the witness, interpreter, counsel and persons having rights and interests relating to the case; violating the regulations on compliance with the regulations on preservation of physical evidence, sealing and distraint of assets or other acts of violation as prescribed by law;

c) Violating the regulations on temporary custody or detention; violating the regulations on enforcement of fine penalty or asset forfeiture;

4. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for any of the acts of violation as follows:

a) Persons subject to the postponement or suspension of enforcement of prison sentence have left their residence without the approval of the commune-level People’s Committee or have not been present at the place of judgment enforcement or criminal judgment enforcement agency at the residence after the expiration of postponement or suspension of enforcement of prison sentence;

b) Persons sentenced are on bail and receive the judgment enforcement decision but are absent from the judgment enforcement agency at the prescribed time;

c) Persons sentencedentitled tosuspended sentence or sentenced to non-custodial reform fail to fulfill the obligations of judgment debtor as prescribed; fail to be present upon the requirement of the criminal judgment enforcement agency orcommune-level People’s Committee assigned to supervise and educate without plausible reason or leave the residence without the approval of the commune-level People’s Committee;

d) Persons sentenced to probation fail to fulfill their obligation of the judgmentdebtoras prescribed; fail to be present upon the requirement of the criminal judgment enforcement agency, the commune-level People’s Committee where probation is executed without any plausible reason; leave place of probation without the consent of the competent person or leave place of probation exceeding the permitted time without plausible reason;

dd) Persons sentenced are banned from residence but still reside at prohibited residence or fail to be present upon the requirements of the commune-level People’s Committee of the residing place;

e) Persons sentenced to deprivation of a number of civil rights have not fulfilled obligations of judgmentdebtor as prescribed;

g)Persons sentenced are banned from holding positions and practicing or performing a certain work fail to fulfill obligations of the judgment debtor as prescribed;

Article 15. Violation of regulations on causing damage to the others’ assets

1. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for any of the acts of violation as follows:

a) Stealing assets;

b) Openly appropriating the others’ assets;

c) Using deceitful tricks or running away to appropriate the others’ assets;

d) Illegally using the others’ assets;

2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for any of the acts of violation as follows:

a) Destroying and intentionally damaging the others;

b) Causing loss or damage to the State’s assets assigned for direct management;

c) Using tricks or creating situation to force the others to give money or assets;

d) Cheating or defrauding in brokerage, instruction or introduction of services of trading of house and land or other assets;

dd) Trading, storing or using the others’ assets know that these assets are from the legal violation;

e) Illegally seizing the others’ assets;

3.Additional sanctions:

Confiscation of material evidences and means used in administrative violations for the acts specified at Point a, b, c, Clause 1; Points c, dd, e, Clause 2 of this Article;

4. Foreigners committing acts of administrative violation specified in Clauses 1 and 2 of this Article, depending on the seriousness of violation, shall be imposed sanction as expulsion from the Socialist Republic of Vietnam.

Article 16. Violation of regulations on protection of public works or security and order works

1. A fine of between VND 500,000 and 1,000,000 shall be imposed for acts of shifting signals, instruction signs, signboards of agencies and organizations.

2. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for any of the acts of violation as follows:

a) Arbitrarily shifting and dismantling column of telephone, telegraph, lamp-post and fence of state agencies or other public works;

b) Dismantling, demolishing or doing anything else that may damage the signals, instruction signs, signboards of agencies and organizations.

3.Additional sanctions:

Confiscation of material evidences and means used in administrative violations for the acts specified in Clauses 1 and 2 of this Article;

4.Remedial measures:

Forcibly restoring the initial condition for the acts specified in Clauses 1 and 2 of this Article;

5. Foreigners committing acts of administrative violation specified in Clause 2 of this Article, depending on the seriousness of violation, shall be imposed sanction as expulsion from the Socialist Republic of Vietnam;

Article 17. Violation of regulations on entry, exit, transit, stay and traveling

1. A warning or a fine of between VND 100,000 and 300,000 shall be imposed on foreigners traveling in the territory of Vietnam without Passport or papers in lieu of Passport;

2. A fine of between VND 500,000 and 2,000,000 shall be imposed for any of the acts of violation as follows:

a) Failing to inform the competent authority of loss or damage of Passport or papers in lieu of Passport, Vietnam visa, temporary residence card and permanent residence card;

b) Erasing, modifying or distorting form and content specified in Passport or papers in lieu of Passport, visa, temporary residence card and permanent residence card;

c) Giving untruthful declaration in order to be issued with Passport or other papers in lieu of Passport, Vietnam visa, temporary residence card, permanent residence card or papers on entry, exit or residence in Vietnam;

d) Foreigners who come to the restricted areas or areas where the State requires a permit but have none or travel beyond the scope and permitted time limit;

dd) Failing to present Passport or papers in lieu of Passport or papers relating to the entry or exit upon the requirement of Vietnamese authority; failing to comply with other requirements of Vietnamese authority on examination of people and luggage;

e) Foreigners do not declare their temporary residence as prescribed or use certificate of temporary residence, temporary residence card or permanent residence card in Vietnam with expiration of 15 days or less without the permission of the competent authority;

g)Permitting foreigners to stay overnight without declaration of temporary residence; failing to instruct foreigners to declare their temporary residence as prescribed or failing to comply with other regulations of the competent authority;

3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for any of the acts of violation as follows:

a) Crossing national border without entry or exit procedures as prescribed;

b) Evading, organizing or helping the others hide in the entry or exit vehicles for entering Vietnam or going abroad;

c) Permitting the others to use their Passports or papers in lieu of Passports to perform acts in contradiction with regulations of law;

d) Using Passport or papers in lieu of Passport of others for entry, exit or transit;

dd) Foreigners do not declare their temporary residence as prescribed or use temporary residence certificate, temporary residence card, permanent residence in Vietnam with expiration of 16 days or more without the permission of the competent authority;

e) Foreigners have been issued with permanent residence card but changed their address without notification for re-issue;

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

a) Vehicle owner or operator of vehicles transporting people who enter or exit Vietnam illegally;

b) Using fake Passport or papers in lieu of fake Passport, fake visa, fake temporary residence card, fake permanent residence card or fake verification seal for entry, exit, transit or residence;

5. A fine of between VND 15,000,000 and 25,000,000 shall be imposed for any of the acts of violation as follows:

a) Helping, receiving, sheltering or enabling others to go abroad, stay abroad, enter Vietnam, stay in Vietnam or crossing national borders illegally;

b) Foreigners who enter and practice jobs or have other activities in Vietnam without permission of the Vietnamese competent authority;

c) Individuals and organizations in Vietnamguaranteeor perform the procedures for foreigners for entering Vietnam, asking for visa, temporary residence card, temporary residence extension, papers of entry and residence in Vietnam but fail to comply with responsibility as prescribed by law or give untruthful declaration whenguaranteeing, inviting or performing procedures for foreigners to enter, ask for visa, temporary residence card, temporary residence extension, papers for entry, exit or residence in Vietnam;

d) Foreigners enter but fail to operate in line with purpose or program proposed for temporary or permanent residence card;

6. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for any of the acts of violation as follows:

a) Forging record or papers for the issuing of Passport or papers in lieu of Passport, visa, temporary or permanent residence card;

b) Forging Passport or other papers in lieu of Passport, visa, temporary or permanent residence card or verification seal;

c) Sneaking into the embassy, consulate or offices of Vietnam-based international organizations and agencies;

d) Foreigners residing in Vietnam without permission of the competent authority;

dd) Organizing, introducing or brokering the others for entering or exiting Vietnam illegally;

7.Additional sanctions:

Confiscation of material evidences and means used in administrative violations for the acts specified at Point b, Clause 2; Points c and d, Clause 3; Point a, Clause 4; Points a and b, Clause 6 of this Article;

8.Remedial measures:

a) Forcibly withdrawing the Passport or papers in lieu of Passport, visa, temporary or permanent residence card or verification seal for the acts specified at Point b, Clause 2; Points d and dd, Clause 3; Point b, Clause 4; Points a and b, Clause 6 of this Article;

b) Forcibly annulling the untruthful information, documents for the acts specified at Point c, Clause 2; Point c, Clause 5 of this Article.

9.Foreigners committing acts of administrative violation specified in Clauses 1, 2, 3, 4, 5 and 6 of this Article, depending on the seriousness of violation, may be sanctioned in the form of expulsion from the Socialist Republic of Vietnam.

Article 18. Violation of regulations on protection of State secrets

1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for any of the acts of violation as follows:

a) Printing or copying confidential, top-secret or strictly confidential documents improperly;

b) Publicizing or studying information under the state secret improperly;

c) Failing to comply with regulations on transport and delivery of documents or objects containing state secrets;

d) Destroying documents and objects containing state secrets improperly;

dd) Entering restricted areas and locations, places of preservation, storing or activities with contents under the state secret without permission;

e) Filming, taking photograph or drawing diagram at restricted areas;

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for any of the acts of violation as follows:

a) Providing information under the state secrets to the agencies, organizations or citizens in the country or abroad improperly;

b) Bringing documents or objects containing the state secrets abroad without permission of the competent authority;

c) Filming, taking photograph or drawing diagram at restricted areas in relation to security and national defense;

3.Additional sanctions:

Confiscation of material evidences or means used in administrative violations for the acts specified at Point c, Clause 2 of this Article;

4.Remedial measures:

a) Forcibly recovering documents and information under the state secrets for the acts specified at Points a, b and e, Clause 1 and Clause 2 of this Article;

b) Forcibly restoring the initial condition for the acts specified at Point d, Clause 1 of this Article;

Article 19. Violation of regulations of law on management, use of costumes, badges, nameplates and number exclusively for the People s Police Force

1. A fine of between VND 500,000 and 1,500,000 shall be imposed for the act of storing or illegally using the costumes, badges, nameplates and number;

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for the act of illegally trading or exchanging the costumes, badges, nameplates and number;

3. A fine of between VND 10,000,000 and 30,000,000 shall be imposed for the act of illegally producing or forging the costumes, badges, nameplates and number;

4.Additional sanctions:

Confiscation of material evidences and means used in administrative violations for the acts specified in Clauses 1, 2 and 3 of this Article;

5. Foreigners committing acts of administrative violation specified in Clauses 1, 2 and 3 of this Article, depending on the seriousness of violation, shall be imposed sanction as expulsion from the Socialist Republic of Vietnam;

Article 20. Acts of obstructing, resisting inspection, testing, control of the duty or bribing the officials on duty

1. A fine of between VND 500,000 and 1,000,000 shall be imposed for the act of brokering, joining hands or instructing the individuals and organizations committing the violation to evade the inspection, examination or control of officials on duty;

2. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for any of the acts of violation as follows:

a) Obstructing or failing to comply with the inspection, examination or control of officials on duty;

b) Having words or actions threatening, abusive, insulting the honor and dignity of the officials on duty;

c) Inciting, inducing or inciting others not to abide by the inspection, examination and control of the officials on duty;

3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for any of the acts of violation as follows:

a) Using force or threatening to use force against the officials on duty;

b) Causing damage to the assets and facilities of state agencies or of the officials on duty;

c) Giving money, assets or other material benefits to the officials on duty to evade the sanction of administrative violation;

4.Additional sanctions:

Confiscation of the amount of money, assets or material benefits for the acts specified at Point c, Clause 3 of this Article.

SECTION 2. ADMINISTRATIVE VIOLATIONS OF PREVENTION AND FIGHT AGAINST SOCIAL EVILS

Article 21. Violation of regulations on prevention, fighting and control of drug

1. A warning or a fine of between VND 500,000 and 1,000,000 shall be imposed for the act of illegally using narcotic drug;

2. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for any of the acts of violation as follows:

a) Storing, transporting or appropriating narcotic drug illegally;

b) Storing, transporting, trading or appropriating the precursor substance used in illegally producing narcotic drug;

c) Producing or trading tools used for narcotic drug in contradiction with regulations of law;

3. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for the act of cultivating poppy, cannabis and other plants containing narcotic substances.

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

a) The owners or persons responsible for managing restaurants, accommodation renting facilities, clubs, means of transportation and other places permit the others to take advantage of drug use in the area and means under their management;

b) Brokering, helping and enabling by means of other forms to help other illegally use the narcotic drug;

c) Transfer narcotic drug or psychotropic substances or other drugs to persons who are allowed for storage or use;

5. A fine of between VND 20,000,000 and 40,000,000 shall be imposed for any of the acts of violation as follows:

a) Illegally providing location and means for others to illegally use the narcotic drug;

b) Committing violation of regulations on import, export, temporary import for re-export or transit of substances containing narcotic drug, stimulant drug, psychotropic substances and drug precursors;

c) Committing violation of regulations on research, appraisal, production or storage of narcotic drugs and drug precursors;

d) Committing violation of regulations on delivery, storing or transport of narcotic drugs and drug precursors;

dd) Committing violation of regulations on distribution, trading, use or exchange of narcotic drugs and drug precursors;

e) Committing violation of regulations on management, control or storage of narcotic drugs and drug precursors at border gate area or at sea;

6.Additional sanctions:

Confiscation of material evidences and means used in administrative violations for the acts specified in Clauses 1, 2, 3, 4 and 5 of this Article;

7. Foreigners committing acts of administrative violation specified in Clause 1, 2, 3, 4, and 5 of this Article, depending on the seriousness of violation, may be sanctioned in the form of expulsion from the Socialist Republic of Vietnam.

Article 22. Sex purchase act

1. A fine of between VND 500,000 and 1,000,000 shall be imposed for the act of sex purchase;

2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for purchasing sex from many persons at the same time;

3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for the act of enticing or coercing others to purchase sex together;

Article 23. Sex selling

1. A warning or a fine of between VND 100,000 and 300,000 shall be imposed for the act of sex selling;

2. A fine of between VND 300,000 and 500,000 shall be imposed for the act of selling sex to many persons at the same time;

3. Foreigners committing acts of administrative violation specified in Clauses 1 and 2 of this Article, depending on the seriousness of violation, may be sanctioned in the form of expulsion from the Socialist Republic of Vietnam.

Article 24. Other acts relating to the sex selling and purchase

1. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for the act of providing location for sex selling and purchase;

2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for any of the acts of violation as follows:

a) Introducing or seducing the sex selling and purchase;

b) Concealing or protecting the sex selling and purchase;

3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for any of the acts of violation as follows:

a) Enticing, coercing or forcing other to sell sex;

b) Using practices to control or threaten the person purchasing or selling sex for money demand and property seizure;

4. A fine of between VND 15,000,000 and 20,000,000 shall be imposed for any of the acts of violation as follows:

a) Abusing reputation to protect and maintain the sex selling and purchase;

b) Threatening to use force to protect and maintain the sex selling and purchase;

c) Brokering the infrequent sex selling and purchase;

d) Contributing capital for the purpose of sex selling and purchase;

5. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for any of the acts of violation as follows:

a) Abusing positions and powers to protect and maintain the sex selling and purchase;

b) Using force to protect and maintain the sex selling and purchase;

6.Additional sanctions:

a) Confiscation of the amount of money obtained due to administrative violation for the acts specified in Clauses 1, 2 and 3 of this Article;

b) Confiscation of the amount of money contributed for the purpose of sex selling and purchase for the acts specified at Point d, Clause 4 of this Article;

Article 25. Abusing business and services for sex selling and purchase

1. A fine of between VND 15,000,000 and 20,000,000 shall be imposed on the heads of services business establishments due to lack of sense of responsibility resulted in sex selling and purchase at their establishments;

2. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for the act of using the sex selling and purchase and other sex activities as the business methods;

3.Additional sanctions:

Deprivation of the right to use the business license from 06 to 12 months for the acts specified in Clauses 1 and 2 of this Article;

Article 26. Illegal gambling

1. A warning or a fine of between VND 200,000 and 500,000 shall be imposed for buying illegal lottery number;

2. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for one of the acts of gambling as follows:

a) Illegally gambling with one of the forms such as Xoc Dia, Ta La, To Tom, Poker, Tam Cuc, 3 Cay, Tu Sac or other forms which are lost or won in cash or in kind;

b) Gambling with machine or illegal electronic games;

c) Betting in cash or in other forms in sports competition, entertainment or other activities;

d) Selling illegal lottery sheet or printed matters used for playing illegal lottery;

3. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for any of the acts of violation as follows:

a) Receiving deposit, pawn or loan at casinos or other gambling places;

b) Concealing the illegal gambling;

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

a) Enticing, inciting or gathering people for illegal gambling;

b) Using home or accommodation or other means and locations to organize the gambling;

c) Illegally placing gambling or electronic game machine;

d) Organizing illegal betting activities;

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

a) 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 sanctions:

Confiscation of material evidences and means used in administrative violations and confiscation of money obtained due to administrative violation for the acts specified in Clauses 1, 2; Point a, Clause 3, Points b, c and d, Clause 4 and Clause 5 of this Article;

7. Foreigners committing acts of administrative violation specified in Clauses 1, 2, 3, 4, and 5 of this Article, depending on the seriousness of violation, may be sanctioned in the form of expulsion from the Socialist Republic of Vietnam.

SECTION 3. ADMINISTRATIVE VIOLATIONS ON FIRE PREVENTION AND FIGHTING

Article 27. Violation of regulations on the issuance and publicity and implementation of regulations and rules on fire prevention and fighting

1. A warning or a fine of between VND 100,000 and 300,000 shall be imposed for any of the acts of violation as follows:

a) Failing to fully comply with regulations and rules on fire prevention and fight against the competent state authority;

b) Ruining the effect or leaving the rules, regulations, signals, warning signs and direction signs old, dim and the letter as well as instruction symbols are not clear;

c) Improperly setting the rules, regulations, signals, warning signs and direction signs on fire prevention and fighting.

2. A warning or a fine of between VND 300,000 and 500,000 shall be imposed for any of the acts of violation as follows:

a) Failing to arrange or post the rules, regulations, signals, warning signs and direction signs on fire prevention and fighting.

b) Failing to comply with the rules, regulations on fire prevention and fighting.

c) Failing to publicize the rules, regulations on fire prevention and fighting to the persons within their management;

d) Issuing the rules, regulations on fire prevention and fighting with incomplete contents or inconsistently with the nature of explosion and blasting of establishments.

3. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for the act of failing to arrange or post the regulations on fire prevention and fighting.

4. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for the act of not having or having regulations or rules on fire prevention and fighting but in contradiction with the state legal normative documents;

5.Remedial measures:

Forcibly restoring the initial conditions for the acts specified at Point b, Clause 1 of this Article;

Article 28. Violation of regulations on inspection of fire prevention and fighting safety

1. A warning or a fine of between VND 100,000 and 300,000 shall be imposed for the act of failing to present records and documents in service of inspection of fire prevention and fighting safety;

2. A fine of between VND 300,000 and 500,000 shall be imposed for any of the acts of violation as follows:

a) Failing to fully and promptly fulfill the written requirements on fire prevention and fighting from the competent authority;

b) Failing to appoint responsible persons to take part in the inspection team of fire prevention and fighting;

c) Failing to organize self inspection of fire prevention and fighting as prescribed;

3. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for any of the acts of violation as follows:

a) Failing to implement the guiding and directing documents on fire prevention and fight against the competent authority;

b) Failing to fulfill the written requirements on fire prevention and fighting from the competent authority;

4. A fine of between VND 10,000,000 and 15,000,000 shall be imposed in case where the head of establishment fail to send written notification and sign on commitment that the establishment satisfied all requirements and maintained the conditions on ensuring the fire prevention and fighting during the utilization of house and works as well the business and production as prescribed after the agency has been appraised and accepted for fire prevention and fighting, before putting the establishment into operation.

5. Foreigners committing acts of administrative violation specified in Clauses 2, 3 and 4 of this Article, depending on the seriousness of violation, shall be imposed sanction as expulsion from the Socialist Republic of Vietnam;

Article 29. Violation of fire prevention and fighting safety management dossier

1. A warning or a fine of between VND 100,000 and 300,000 shall be imposed for any of the acts of violation as follows:

a) Failing to report on the fire prevention and fighting;

b) Having insufficient documents in the dossier of fire prevention and fighting management and monitoring;

c) Failing to update the changed information related to the fire prevention and fighting in the dossier of fire prevention and fighting management and monitoring of the establishments.

2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for the act of failing to prepare the dossier of fire prevention and fighting management and monitoring;

3. Foreigners committing acts of administrative violation specified in Clauses 1 and 2 of this Article, depending on the seriousness of violation, shall be imposed sanction as expulsion from the Socialist Republic of Vietnam;

Article 30. Violation of regulations onfire prevention and fighting in management, preservation and use of substances or goods at risk of fire and explosion

1. A warning or a fine of between VND 100,000 and 300,000 shall be imposed for the act of having no books or dossier of management and monitoring of substances or goods at risk of fire and explosion;

2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for the act of preserving, placing, arranging, piling goods at risk of fire and explosion exceeding the number, quantity or arranging goods at improper distance, not in group of goods at risk of fire and explosion as prescribed;

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

4. A fine of between VND 15,000,000 and 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 40,000,000 and 50,000,000 shall be imposed for the act of illegally using substances or goods at risk of fire and explosion;

6.Additional sanctions:

Confiscation of substances or goods at risk of fire and explosion for the acts specified in Clauses 4 and 5 of this Article;

7.Remedial measures:

a) Forcibly preserving, placing, arranging and reducing the number and quantity of substances or goods at risk of fire and explosion for the acts specified in Clause 2 of this Article;

b) Forcibly moving the substances or goods at risk of fire and explosion to the storehouse or location as prescribed for the acts specified in Clause 3 of this Article;

8. Foreigners committing acts of administrative violation specified in Clauses 2, 3, 4 and 5 of this Article, depending on the seriousness of violation, shall be imposed sanction as expulsion from the Socialist Republic of Vietnam;

Article 31. Violation of regulations on fire prevention and fighting in production and business of substances or goods at risk of fire and explosion

1. A fine of between VND 200,000 and 500,000 shall be imposed for any of the acts of violation as follows:

a) Having no measures and means to prevent accumulation of static electricity as prescribed;

b) Having no natural ventilation or without forced ventilation equipment as prescribed.

2. A fine of between VND 8,000,000 and 15,000,000 shall be imposed for any of the acts of violation as follows:

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

b) Having no plan or equipment to troubleshoot cracks or break of tanker, equipment or pipeline containing and carrying petroleum, petroleum products and other flammable liquids.

3. A fine of between VND 15,000,000 and 25,000,000 shall be imposed for any of the acts of violation as follows:

a) Producing, trading, pouring and loading substances or goods at risk of fire and explosion without license;

b) Pouring and loading substances or goods at risk of fire and explosion at improper place or into containing equipment of improper type and inconsistently with substances or goods at risk of fire and explosion.

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

5.Additional sanctions:

Confiscation of the substances or goods at risk of fire and explosion for the acts specified in Clauses 3 and 4 of this Article;

6.Remedial measures:

Forcibly taking remedial measures of environmental pollution as prescribed for the acts specified at Points a and b, Clause 2 of this Article;

7. Foreigners committing acts of administrative violation specified in Clauses 1, 2, 3 and 4 of this Article, depending on the seriousness of violation, shall be imposed sanction as expulsion from the Socialist Republic of Vietnam;

Article 32. Violation of regulations in transport of substances or goods at risk of fire and explosion

1. A warning or a fine of between VND 100,000 and 300,000 shall be imposed for any of the acts of violation as follows:

a) Damaging the transport permit of substances or goods at risk of fire and explosion;

b) Failing to bring the transport permit when transporting substances or goods at risk of fire and explosion;

c) Failing to peel off or remove symbol of substances or goods at risk of fire and explosion when they are moved out of means of transportation;

d) Losing the transport permit of substances or goods at risk of fire and explosion but having informed to the competent authority in a timely manner;

2. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for loading substances or goods at risk of fire and explosion on means of transportation improperly.

3. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for any of the acts of violation as follows:

a) Failing to fully maintain the conditions for fire prevention and fighting safety when using the motorized vehicles to transport the substances or goods at risk of fire and explosion during transportation;

b) Transporting other goods with the substances or goods at risk of fire and explosion on the same means of transportation without permission of the competent authority;

c) Carrying person who has no duty on means of transportation of substances or goods at risk of fire and explosion.

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

a) Transporting the substances or goods at risk of fire and explosion exceeding the number, quantity and type specified in the permit;

b) Failing to post the symbol of substances or goods at risk of fire and explosion on means of transportation;

c) Failing to comply with the conditions for fire prevention and fighting safety or failing to comply with the instruction of competent operator upon loading, unloading, pumping or transferring the substances or goods at risk of fire and explosion out of means of transportation as prescribed;

d) Loading, unloading, pumping or transferring the substances or goods at risk of fire and explosion at locations which do not ensure the conditions for fire prevention and fighting safety;

dd) Loading, unloading, pumping or transferring the substances or goods at risk of fire and explosion under transport to other vehicles without permission of the competent authority;

e) Losing the transport permit but failing to inform the competent authority;

5. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for any of the acts of violation as follows:

a) Transporting the substances or goods at risk of fire and explosion without the transport permit;

b) Forging or using fake permit to transport the substances or goods at risk of fire and explosion;

c) Modifying or erasing the transport permit of substances or goods at risk of fire and explosion;

6.Additional sanctions:

Confiscating the substances or goods at risk of fire and explosion for the acts specified at Point b, Clause 1; Points a and b, Clause 5 of this Article;

7.Remedial measures:

a) Forcibly re-arranging the substances or goods at risk of fire and explosion as prescribed for the acts specified at Point a, Clause 2 of this Article;

b) Forcibly reducing the number, quantity and type of substances or goods at risk of fire and explosion as prescribed for the acts specified at Point a, Clause 4 of this Article;

c) Forcibly moving the substances or goods at risk of fire and explosion to the storage or location as prescribed for the acts specified at Points a and b, Clause 5 of this Article;

d) Forcibly revoking the transport permit of substances or goods at risk of fire and explosion for the acts specified at Point c, Clause 5 of this Article;

8. Foreigners committing acts of administrative violation specified in Clauses2,3,4and 5 of this Article, depending on the seriousness of violation, shall be imposed sanction as expulsion from the Socialist Republic of Vietnam;

Article 33. Violation of regulations on fire prevention and fighting in using fire or heat source, fire or heat generating equipment and tool;

1. A warning or a fine of between VND 100,000 and 300,000 shall be imposed for the act of using matches, lighters, cell phones in areas where there are prohibition regulations;

2. A warning or a fine of between VND 300,000 and 500,000 shall be imposed for the act of usingthe fire or heat source, fire or heat generating equipment and tool without safe distance assurance on fire prevention and fighting as prescribed;

3. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for any of the acts of violation as follows:

a) Using fire or heat source, fire or heat generating equipment and tool in areas where there are prohibition regulations;

b) Welding or cutting metal without safety measures for fire prevention and fighting as prescribed.

4. Foreigners committing acts of administrative violation specified in Clauses 1,2and 3 of this Article, depending on the seriousness of violation, shall be imposed sanction as expulsion from the Socialist Republic of Vietnam;

Article 34. Violation of regulations on fire prevention and fighting in design, installation, management and use of electricity

1. A warning or a fine of between VND 100,000 and 300,000 shall be imposed for the act of having no regulations on fire prevention and fighting safety in using electricity at the establishments.

2. A fine of between VND 300,000 and 500,000 shall be imposed for the act of failing to use electrical equipment in accordance with the manufacturer s instructions.

3. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for any of the acts of violation as follows:

a) Failing to maintain the regular operation of the emergency lighting system;

b) Changing design, structure or main parameters of electrical system and equipment without approval of the competent person or authority;

c) Installing and using electrical wires, electrical cables or switching equipment, protective devices or power consumption equipment do not ensure the fire prevention and fighting safety;

d) Using overloading electrical equipment compared with the design;

dd) Using electrical equipment at places where there are prohibition regulations;

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

a) Using electrical equipment does not ensure the requirements for fire prevention and fighting as prescribed in the environment at risk of fire and explosion;

b) Having no backup power as prescribed.

5. A fine of between VND 15,000,000 and 25,000,000 shall be imposed for the act of failing to design or install the power systems in service of requirements for fire prevention and fighting, rescue and salvage as prescribed;

Article 35. Violation of regulations on fire prevention and fighting safety in design, performance, examination and maintenance of lightning protection system

1. A warning or a fine of between VND 100,000 and 300,000 shall be imposed for the act of failing to have dossier of monitoring lightning protection system as prescribed;

2. A fine of between VND 300,000 and 500,000 shall be imposed for the act of failing to periodically check the lightning protection system as prescribed;

3. A fine of VND 5,000,000 and 10,000,000 shall be imposed for the act of failing take remedy of errors or damage to ruin the effect of lightning protection systems.

4. A fine of VND 10,000,000 and 25,000,000 shall be imposed for the act of failing to install the lightning protection system for houses, works subject to the installation of lightning protection system as prescribed;

Article 36. Violation of regulations of fire prevention and fighting in investment and construction

1. A fine of between VND 300,000 and 500,000 shall be imposed for the act of failing to have measures and means to ensure the fire prevention and fighting safety during the works construction;

2. A fine of between VND 500,000 and 1,000,000 shall be imposed for the act of failing to have design of fire prevention and fighting system for works subject to this system;

3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for the act of putting the houses and works into use without ensuring one of the conditions for fire prevention and fighting safety for works not subject to appraisal of fire prevention and fighting;

4. A fine of between VND 8,000,000 and 15,000,000 shall be imposed for any of the acts of violation as follows:

a) Carrying out the performance and installation inconsistently with the design of fire prevention and fighting approved by the competent authority;

b) Failing to present the record for re-appraisal upon renewal, expansion or change of nature of using houses and works during the performance and use as prescribed;

5. A fine of between VND 15,000,000 and 25,000,000 shall be imposed for any of the acts of violation as follows:

a) Performing the construction of works subject to the appraisal of fire prevention and fighting when having no certificate of appraisal of fire prevention and fighting;

b) Newly fabricating or converting motor vehicles with special requirements for ensuring the fire prevention and fighting safety but without the appraisal of the competent authority;

6. A fine of between VND 30,000,000 and 50,000,000 shall be imposed for the act of putting the buildings and works into operation or use without acceptance of fire prevention and fighting.

7.Remedial measures:

a) Forcibly taking remedy of conditions to ensure the fire prevention and fighting safety for the acts specified in Clauses 1 and 3 of this Article;

b) Forcibly organizing the acceptance of fire prevention and fighting from the state management agency for the acts specified in Clause 6 of this Article;

Article 37. Violation of regulations on distance of fire prevention and fighting safety

1. A warning or a fine of between VND 100,000 and 300,000 shall be imposed for any of the acts of violation as follows:

a) Placing and arranging materials and goods do not ensure the distance of fire prevention and fighting safety as prescribed;

b) Failing to organize the industrial sanitation resulted in forming the environment at risk of fire and explosion;

2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for the act of setting fire walls, fire partitions or fire doors and other fire prevention measures that do not meet the requirements as prescribed.

3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for any of the acts of violation as follows:

a) Installing ceiling, floors, partitions or canopies or gathering combustible materials at unauthorized places;

b) Building houses and other works in forest or forest edge does not ensure the safety of fire spread as prescribed;

4. A fine of between VND 15,000,000 and 25,000,000 shall be imposed for any of the acts of violation as follows:

a) Failing to clean up the flammable liquids in safety corridors of pipeline of oil, gas and petroleum products;

b) Building works in violation of fire prevention distance;

5. A fine of between VND 30,000,000 and 50,000,000 shall be imposed for any of the acts of violation as follows:

a) Failing to make fire walls, fire partitions, fire doors and fire prevention measures as prescribed;

b) Ruining the effect of fire prevention of fire walls, fire partitions, fire doors and fire prevention measures;

6.Remedial measures:

a) Forcibly restoring the initial condition for the acts specified at Point a, Clause 1, Point b, Clause 5 of this Article;

b) Forcibly removing the unauthorized construction works for the acts specified at Point b, Clause 3 and Point b, Clause 4 of this Article;

Article 38. Violation of regulations on escape in fire prevention and fighting

1. A warning or a fine of between VND 100,000 and 300,000 shall be imposed for the act of designing the escape door not to be open in the direction of escape and failing to install mirror in the escape stairs;

2. A fine of between VND 300,000 and 500,000 shall be imposed for any of the acts of violation as follows:

a) Placing or arranging materials, goods, vehicles and other objects obstructing the escape way;

b) Removing or damaging the emergency lighting equipment, signs and instruction signs in the escape way;

c) Failing to install signs and instruction signs in the escape way;

3. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for any of the acts of violation as follows:

a) Failing to have adequate rescue equipment as prescribed;

b) Failing to have ventilation or smoke release equipment as prescribed for the escape way;

c) Having no emergency lighting equipment in the escape way or insufficient lighting as prescribed or no effect;

d) Designing and building the escape door, escape way and escape stairs with insufficient number, area, width or improperly as prescribed;

4. A fine of between VND 5,000,000 and 15,000,000 shall be imposed for the act of locking, inserting or blocking the escape door;

5. A fine of between VND 15,000,000 and 25,000,000 shall be imposed for the act of ruining the effect of escape way.

Article 39. Violation of regulations on fire extinguishment plan of establishment

1. A warning or a fine of between VND 100,000 and 300,000 shall be imposed for failing to manage the fire extinguishment plan as prescribed.

2. A fine of between VND 500,000 and 1,000,000 shall be imposed for any of the acts of violation as follows:

a) Failing to prepare the fire extinguishment plan which does not satisfy the requirements;

b) Failing to disseminate the fire extinguishment plan.

3. A fine of between VND 1,500,000 and 3,000,000 shall be imposed for any of the acts of violation as follows:

a) Failing to submit the fire extinguishment plan for approval;

b) Failing to practice the fire extinguishment plan;

c) Failing to supplement or adjust the fire extinguishment plan;

d) Failing to fully practice situations of fire extinguishment in the fire extinguishment plan approved.

4. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for any of the acts of violation as follows:

a) Failing to prepare the fire extinguishment plan;

b) Failing to organize the practice of fire extinguishment plan.

Article 40. Violation of regulations on fire alarming information

1. A warning or a fine of between VND 100,000 and 300,000 shall be imposed for the act of failing to replace the broken or ineffective fire alarming equipment.

2. A fine of between VND 300,000 and 500,000 shall be imposed for any of the acts of violation as follows:

a) Having no signal or fire alarming equipment as prescribed;

b) Giving late, untimely and incomplete fire alarm.

3. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for any of the acts of violation as follows:

a) Giving false fire alarm;

b) Failing to give fire alarm or hindering or obstructing the fire alarming information;

c) Unit providing information services has not taken remedy of errors of fire alarming information receiving equipment of thefire prevention and fighting police agency upon written requirement.

4.Remedial measures:

Forcibly restoring the initial condition for the acts specified in Clause 1 of this Article.

5. Foreigners committing acts of administrative violation specified in Clauses 1, 2 and 3 of this Article, depending on the seriousness of violation, shall be imposed sanction as expulsion from the Socialist Republic of Vietnam.

Article 41. Violation of regulations on equipment, preservation and use of fire prevention and fighting equipment

1. A warning or a fine of between VND 100,000 and 300,000 shall be imposed for the act of obscuring the fire prevention and fighting equipment.

2. A fine of between VND 300,000 and 500,000 shall be imposed for any of the acts of violation as follows:

a) Failing to periodically check and maintain the fire prevention and fighting equipment and system;

b) Failing to fully or synchronously equip the fire prevention and fighting equipment as prescribed;

c) Failing to equip the fire prevention and fighting equipment commonly used for motorized vehicles as prescribed.

3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for any of the acts of violation as follows:

a) Equipping, installing and using the fire prevention and fighting equipment which has not been tested for quality, type and design as prescribed;

b) Equipping the fire prevention and fighting equipment which is not appropriate with the nature of fire and explosion of establishment as prescribed;

c) Using the fire prevention and fighting equipment at permanent fire extinguishment position for other purposes;

d) Failing to reserve sufficient water as prescribed;

dd) Moving or changing the designed installation position of fire prevention and fighting equipment approved by the competent agency;

e) Failing to equip the fire prevention and fighting equipment commonly used for single purpose motorized vehicles to transport the substances and goods at risk of fire and explosion as prescribed.

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

a) Failing to equip the fire prevention and fighting equipment commonly used for houses and works as prescribed;

b) Losing, damaging or ruining the effect of fire prevention and fighting equipment.

5. A fine of between VND 15,000,000 and 25,000,000 shall be imposed for the act of failing to equip the fire prevention and fighting equipment as prescribed.

6.Remedial measures:

Forcibly restoring the initial condition for the acts specified at Point b, Clause 4 of this Article.

Article 42. Violation of regulations on fire fighting

1. A warning or a fine of between VND 100,000 and 300,000 shall be imposed for the act of entering the fire extinguishment area without competent person’s permission.

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

3. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for any of the acts of violation as follows:

a) Failing to fully prepare the force, equipment, water source and other conditions for fire extinguishment as prescribed;

b) Failing to comply with the order of commander of fire extinguishment;

c) Failing to comply with the order to mobilize the participation in fire extinguishment of the competent person.

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

a) Obstructing the operation of fire prevention and fighting equipment and force;

b) Failing to take remedy of fire consequences upon the competent person’s requirements;

c) Failing to protect the fire field as prescribed;

d) Failing to lay out traffic road, position for accessing the building or works and other spaces for fire trucks and fire motorized vehicles to operate as prescribed.

5. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for any of the acts of violation as follows:

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

b) Taking advantage of fire extinguishment to harm the health and property of citizens and property of the state.

6. Foreigners committing acts of administrative violation specified in Clauses1,2,3, 4and 5 of this Article, depending on the seriousness of violation, shall be imposed sanction as expulsion from the Socialist Republic of Vietnam.

Article 43. Violation of regulations on propagation, dissemination of law, knowledge, learning, training of fire prevention and fighting

1. A warning or a fine of between VND 100,000 and 300,000 shall be imposed for the act of damaging banners, slogans, billboards, posters, propaganda posters on fire prevention and fighting.

2. A fine of between VND 300,000 and 500,000 shall be imposed for any of the acts of violation as follows:

a) Failing to propagate and disseminate the law and knowledge of fire prevention and fighting as prescribed;

b) Employing persons as grassroots fire extinguishing force, operator of motorized vehicle of 04 seats or more and operator of motorized vehicle transporting the substances and goods at risk of fire and explosion but have not trained with techniques of fire prevention and fighting or have not been issued with certificate for taking the course of techniques of fire prevention and fighting.

3. A fine of VND 1,500,000 and 3,000,000 shall be imposed for the act of failing to organize the training or retraining of techniques of fire prevention and fighting as prescribed.

4.Remedial measures:

Forcibly restoring the initial condition for the acts specified in Clause 1 of this Article.

5. Foreigners committing acts of administrative violation specified in Clauses 2 and 3 of this Article, depending on the seriousness of violation, shall be imposed sanction as expulsion from the Socialist Republic of Vietnam.

Article 44. Violation of regulations on establishment, organization and management grassroots fire prevention and fighting force and specialized fire prevention and fighting force

1. A warning or a fine of between VND 100,000 and 300,000 shall be imposed for any of the acts of violation as follows:

a) Failing to ensure the number of person and time in a tour of duty or shift of duty on fire prevention and fighting;

b) The local fire prevention and fighting force does not proficiently use the fire prevention and fighting equipment at the establishment.

2. A fine of between VND 300,000 and 500,000 shall be imposed for the act of failing to organize duty at the establishment as prescribed.

3. A fine of between VND 1,500,000 and 5,000,000 shall be imposed for any of the acts of violation as follows:

a) Establishing the grassroots or specialized fire prevention and fighting team which does not ensure the requirements as prescribed;

b) Failing to manage or maintain the activities of the grassroots or specialized fire prevention and fighting team as prescribed.

4. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for the act of failing to take part in the fire prevention and fighting activities upon the competent person’s requirement.

5. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for the act of failing to establish the local or specialized fire prevention and fighting team as prescribed.

Article 45. Violation of regulations in production and business activities of fire prevention and fighting equipment or means and design of fire prevention and fighting

1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for the design unit of fire prevention and fighting without legal status and technical and professional capacity as prescribed.

2. A fine of between VND 5,000,000 and 8,000,000 shall be imposed for the act of trading the fire prevention and fighting equipment and means when not being eligible for material facilities, technical profession or not being trained or professionally trained on fire prevention and fighting as prescribed.

3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for the act of converting the specialized firefighting vehicles or boats without the permission of the competent agency.

4. A fine of between VND 10,000,000 and 15,000,000 shall be imposed on the units performing and installing the items of fire prevention and fighting without legal status and technical professional capacity as prescribed.

Article 46. Violation of regulations on compulsory fire and explosion insurance

1. A fine of between VND 8,000,000 and 15,000,000 shall be imposed for the business of compulsory fire and explosion insurance without measures of prevention and damage limitation for the subjects involved in compulsory fire and explosion insurance as prescribed.

2. A fine of between VND 30,000,000 and 50,000,000 shall be imposed for any of the acts of violation as follows:

a) Establishments are subject to purchase of compulsory fire and explosion insurance but fail to purchase as prescribed;

b) Purchasing compulsory fire and explosion insurance inconsistently with the principle and premium rate of compulsory fire and explosion issued by the Ministry of Finance;

c) Establishments are subject to purchase of compulsory fire and explosion insurance but fail to separate the contract of part of compulsory fire and explosion insurance in the package contract as prescribed;

d) Failing to deduct the premium of compulsory fire and explosion insurance to contribute funds for the activities of fire prevention and fighting as prescribed.

Article 47. Violation of regulations on fire prevention and fighting in family households

1. A fine of between VND 300,000 and 500,000 shall be imposed for the act of unintentionally violating the regulations on fire prevention and fighting resulting in fire or explosion without damage or with damage of less than VND 25,000,000.

2. A fine of between VND 500,000 and 1,000,000 shall be imposed for the act of unintentionally violating the regulations on fire prevention and fighting resulting in fire or explosion with damage of between VND 25,000,000 and 50,000,000.

3. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for the act of unintentionally violating the regulations on fire prevention and fighting resulting in fire or explosion with damage of more than VND 50,000,000.

Article 48. Violation in the occurrence of fire and explosion

1. A fine of between VND 300,000 and 500,000 shall be imposed for the act of violating the regulations on fire prevention and fighting resulting in fire or explosion with damage of less than VND 2,000,000.

2. A fine of between VND 500,000 and 3,000,000 shall be imposed for the act of unintentionally violating the regulations on fire prevention and fighting resulting in fire or explosion with damage of from VND 2,000,000 to under 10,000,000.

3. A fine of between VND 5,000,000 and 8,000,000 shall be imposed for the act of unintentionally violating the regulations on fire prevention and fighting resulting in fire or explosion with damage of from VND 10,000,000 to under 25,000,000.

4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for the act of unintentional occurrence of fire or explosion with damage of between VND 25,000,000 and 50,000,000.

5. A fine of between VND 15,000,000 and 25,000,000 shall be imposed for acts of irresponsibility resulting in fire and explosion.

6. A fine of between VND 30,000,000 and 50,000,000 shall be imposed for acts of unintentional occurrence of fire and explosion causing damage of VND 50,000,000 or more.

SECTION 4. ADMINISTRATIVE VIOLATIONS OF DOMESTIC VIOLENCE PREVENTION

Article 49. Acts of harming health of family members

1. A fine of between VND 1,000,000 and 1,500,000 shall be imposed for acts of beat causing injury to family members.

2. A fine of between VND 1,500,000 and 2,000,000 shall be imposed for any of the acts of violation as follows:

a) Using tools, means or other objects to cause injury to family members;

b) Failing to take the victim to the medical emergency or treatment in case the victim needs timely medical emergency or failing to take care of the victim during the treatment of injury due to domestic violence, except in cases where the victim refuses.

3.Remedial measures:

Forcibly giving the public apology upon the victim’s requirement for the act specified in Clauses 1 and 2 of this Article.

Article 50. Acts of torturing or abusing family members

1. A fine of between VND 1,500,000 and 2,000,000 shall be imposed for any of the acts of violation as follows:

a) Mistreating the family members, such as forcing them to abstain from eating and drinking, suffer from coldness, wear torn clothes, prohibit or restrict personal hygiene;

b) Neglecting without care for family members as elderly, disabled, pregnant woman or nursing woman.

2.Remedial measures:

Forcibly giving public apology upon the victim’s requirement for the acts specified in Clause 1 of this Article.

Article 51. Acts of defamation and dignity of family members

1. A fine of between VND 500,000 and 1,000,000 shall be imposed for the act of insulting, nagging or hurting the honor and dignity of family members.

2. A fine of between VND 1,000,000 and 1,500,000 shall be imposed for any of the acts of violation as follows:

a) Disclosing or distributing materials or documents of privacy of family members to hurt the honor and dignity;

b) Using the media to hurt the honor and dignity of family members;

c) Disseminating and distributing the leaflets, articles, photos or sounds to hurt the honor and dignity of family members.

3.Remedial measures:

a) Forcibly giving the public apology upon the victim’s requirement for the acts specified in Clauses 1 and 2 of this Article;

b) Forcibly revoking the leaflets, articles, photos or sounds for the acts specified at Points a and c, Clause 2 of this Article.

Article 52. Isolating, shunning or psychologically putting pressure

1. A warning or a fine of between VND 100,000 and 300,000 shall be imposed for any of the acts of violation as follows:

a) Prohibiting family members from going out of their house, preventing family members from meeting with their relatives, friends or having legitimate and healthy social relations aimed at isolating or psychologically putting pressure onthose members;

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

c) Prohibiting the family members from participating healthy and legitimate social activities.

2. A fine of between VND 300,000 and 500,000 shall be imposed for the act of coercing the family members to witness the violence against people or animals.

3. A fine of between VND 500,000 and 1,000,000 shall be imposed for any of the acts of violation as follows:

a) Forcing family members to perform erotic actions and use aphrodisiacs;

b) Having sexual arousal behavior or abusing body against family member who is not spouse.

4.Remedial measures:

Forcibly giving public apology upon the victim’s requirement for the acts specified in Clauses 1, 2 and 3 of this Article.

Article 53. Acts of preventing the implementation of rights and obligations in family relationships between grandparents and grandchildren; between parents and children, between husband and wife and between brothers and sisters

A warning or a fine of between VND 100,000 and 300,000 shall be imposed for acts of preventing visitation and care rights between grandparents and grandchildren; between parents and children, except in cases where the parental visitation rights is limited under the decision of the court; between husband and wife; between brothers and sisters.

Article 54. Violation of regulations on care, nurture or support

A warning or a fine of between VND 100,000 and 300,000 shall be imposed for any of the acts of violation as follows:

1. Denying or evading support obligations between husband and wife after divorce, refusing or evading the nurturing obligations between sisters and brothers, between paternal grandparents, maternal grandparents and grandchildren under the regulations of law.

2. Denying or evading the support and nurturing obligations for parents; obligations of support and care for children after divorce as prescribed by law.

Article 55. Acts of forced marriage, divorce, child marriage or prevention of voluntary and progressive marriage

A warning or a fine of between VND 100,000 and 300,000 shall be imposed for any of the acts of violation as follows:

1. Forcing marriage, divorce or child marriage by torture, abuse or mental intimidation or by other practices.

2. Preventing others from marriage, divorce, preventing voluntary and progressive marriage by torture, abuse, mental intimidation, property claims or other practices.

Article 56. Acts of economic violence

1. A fine of between VND 300,000 and 500,000 shall be imposed for the act of prohibiting the family members from using common property for the good purpose.

2. A fine of between VND 500,000 and 1,000,000 shall be imposed for any of the acts of violation as follows:

a) Seizing private property of family member;

b) Forcing family members to overwork or do heavy and dangerous work, expose to toxic substances or do other work in contradiction with regulations of law on labor;

c) Forcing family members to beg or wander for a living.

Article 57. Acts of forcing family members out of their legal living place

1. A warning or a fine of between VND 100,000 and 300,000 shall be imposed for the acts of forcing family members out of their legal living place.

2. A fine of between VND 300,000 and 500,000 shall be imposed for the acts of regularly threatening with violence to force family members out of their legal living place.

Article 58. Acts of violence against persons who prevent, detect and report of domestic violence and persons who help victims of domestic violence

1. A warning or a fine of between VND 100,000 and 300,000 shall be imposed for any of the acts of violation as follows:

a) Threatening the person, who prevents, detects or reports domestic violence or helps the victim of domestic violence;

b) Hurting the honor and dignity of the person who prevents, detects or reports domestic violence, helps the victim of domestic violence.

2. A fine of between VND 500,000 and 1,000,000 shall be imposed for any of the acts of violation as follows:

a) Assaulting the person who prevents detects or reports domestic violence, helps victim of domestic violence;

b) Destroying and damaging property of the person who prevents, detects or reports domestic violence, helps victim of domestic violence.

3.Remedial measures:

a) Forcibly restoring the initial condition for the acts specified at Point b, Clause 2 of this Article;

b) Forcibly giving the public apology upon the victim’s requirement for the acts specified in Clauses 1 and 2 of this Article.

Article 59. Forcing, inciting, instigating and enabling others to commit acts of domestic violence

1. A warning or a fine of between VND 100,000 and 300,000 shall be imposed for the act of coercing, inciting, instigating and enabling others to commit acts of domestic violence.

2. A fine of between VND 300,000 and 500,000 shall be imposed for forcing others to commit acts of domestic violence.

Article 60. Acts of intentional failure to prevent, report domestic violence and obstruct the prevention, report or handling of domestic violence

1. A warning or a fine of between VND 100,000 and 300,000 shall be imposed for any of the acts of violation as follows:

a) Knowing family violence and having the condition to prevent but fail to prevent, resulting in serious consequences;

b) Knowing family violence without informing a competent agency, organization or person;

c) Obstructing others to detect, report acts of domestic violence.

2. A fine of between VND 300,000 and 500,000 shall be imposed for obstructing the handling of domestic violence.

Article 61. Acts of using or disseminating the information, photos and sounds to incite acts of domestic violence

A warning or a fine of between VND 500,000 and 1,000,000 shall be imposed for the act of using or disseminating the information, photos, sounds to incite acts of domestic violence.

Article 62. Violation of regulations on disclosing information on victim of domestic violence

A fine of between VND 1,000,000 and 3,000,000 shall be imposed on health personnel or counselors in the field of prevention of domestic violence having any of the following acts:

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

2. Intentionally disclosing or creating the conditions for the person committing acts of violence to know the shelter of victims of domestic violence.

Article 63. Acts of taking advantage of activity of domestic violence prevention for illegal benefits

1. A warning or a fine of between VND 100,000 and 300,000 shall be imposed for any of the acts of violation as follows:

a) Demanding for victim’s money or victim’s relative after helping the victim of domestic violence;

b) Requiring the payment of victim’s cost of living at the credible address in the community;

c) Taking advantage of difficult situation of victims of domestic violence to ask them to commit illegal acts.

2. A fine of between VND 10,000,000 and 30,000,000 shall be imposed for any of the acts of violation as follows:

a) Establishing a consulting establishment of prevention of domestic violence or supporting establishment for victims of domestic violence for illegal benefit;

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

3.Additional sanctions:

Deprivation of the right to use certificate of operation registration or certificate of practice for a definite time of between 06 and 12 months for the acts specified at Points a and b, Clause 2 of this Article.

Article 64. Violation of regulations on operation registration of consulting establishments of prevention of domestic violence and supporting establishments for victims of domestic violence

1. A fine of between VND 3,000,000 and 5,000,000 shall be imposed on a consulting establishment of prevention of domestic violence or supporting establishment for victims of domestic violence operating beyond the scope of certificate of operation registration.

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed on a consulting establishment of prevention of domestic violence or supporting establishment for victims of domestic violence for operation without certificate of operation registration or without registration for operation.

Article 65. Violation of regulations on banning contact of Chairpersons of commune-level People’s Committees

1. A warning or a fine of between VND 100,000 and 300,000 shall be imposed for any of the acts of violation as follows:

a) Intentionally contacting the victim of domestic violence during the time to execute the decision on banning contact;

b) Using telephone and other means of communication to threaten, taunt or insult the victims of domestic violence.

2.Additional sanctions:

Confiscation of material evidences and means used in administrative violations for the acts specified at Point b, Clause 1 of this Article.

Chapter3.

COMPETENCE TO SANCTION ADMINISTRATIVE VIOLATION

Article 66. Competence to sanction administrative violation of People’s Public Security

1. Policemen on duty shall:

a) Impose a warning;

b) Impose a fine up to VND 300,000 for the administrative violation in the field of domestic violence prevention; up to VND 400,000 for the administrative violation in the field of social security, order and safety and social evil prevention; up to VND 500,000 for the administrative violation in the field of fire prevention and fighting.

2. Station Chief, Captain, Captain of waterway police of the persons specified in Clause 1 of this Article shall:

a) Impose a warning;

b) Impose a fine up to VND 900,000 for administrative violation in the field of domestic violence prevention; up to VND1,200,000for the administrative violation in the field of social security, order and safety and social evil prevention; up to VND 1,500,000 for the administrative violation in the field of fire prevention and fighting.

3. Commune-level chief police, head of police station, head of border gate police station or export processing zone shall:

a) Impose a warning;

b) Impose a fine up to VND1,500,000for administrative violation in the field of domestic violence prevention; up to VND2,000,000for the administrative violation in the field of social security, order and safety and social evil prevention; up to VND 2,500,000 for the administrative violation in the field of fire prevention and fighting;

c) Confiscate material evidences and means used for administrative violations with a value not exceeding the fine level specified at Point b of this Clause;

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

4. District Police Chief, head of operation division of road and railway traffic police department, head of operation division of road and railway traffic police department, Chief of group of waterway police; Head of provincial-level police division including: Head of police division for administrative management and order, Head of order police division, Head of fast rapid police division, Head of crime investigation on social order police division, Head of crime investigation on order of economic management and position police division, Head of drug crime investigation police division, Head of road and railway traffic police division, Head of road traffic division, Head of waterway traffic division, Head of protection and mobility police division, Head of criminal judgment enforcement and justice assistance police division, Head of environmental crime prevention police division, Head of fire prevention and fighting and waterway rescue police division, Head of immigration management division, Head of internal political security, Head of economic security division, Head of finance, money and investment security division, Head of fire prevention and fighting police division of districts under the Service of fire prevention and fighting and Head of mobile police unit from company level or higher level shall:

a) Impose a warning;

b) Impose a fine up to VND 6,000,000 for administrative violation in the field of domestic violence prevention; up to VND 8,000,000for the administrative violation in the field of social security, order and safety and social evil prevention; up to VND 10,000,000 for the administrative violation in the field of fire prevention and fighting;

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

d) Confiscate material evidences and means used for administrative violation with a value not exceeding the fine level specified at Point b of this Clause;

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

5. Director of provincial-level police or Director of Service of fire prevention and fighting shall:

a) Impose a warning;

b) Impose a fine up to VND 15,000,000 for administrative violation in the field of domestic violence prevention; up to VND 20,000,000for the administrative violation in the field of social security, order and safety and social evil prevention; up to VND 25,000,000 for the administrative violation in the field of fire prevention and fighting;

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

d) Confiscate material evidences and means used for administrative violation with a value not exceeding the fine level specified at Point b of this Clause;

dd) Director of provincial-level police shall decide the form of expulsion as sanction;

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

6. Director internal political security department, Director of general economic security department, Director of information and communication security department, Director of finance, money and investment security department, Director of rural and agricultural security department, Director of police department for administrative management on social order, Head of registration, management of residence and national data on inhabitants, Director of crime investigation on social order department, Director of crime investigation on social order police department, Director of crime investigation on order of economic management and position police department, Director of drug crime investigation police department, Director of road and railway traffic police department, Head of waterway police department, Director of fire prevention and fighting and waterway rescue police department, Director of protection police department, Director of criminal judgment enforcement monitoring and justice assistance police department, Director of environmental crime prevention police department and Director of prevention of hi-tech using criminal police department shall:

a) Impose a warning;

b) Impose a fine up to VND 30,000,000 for administrative violation in the field of domestic violence prevention; up to VND 40,000,000for the administrative violation in the field of social security, order and safety and social evil prevention; up to VND 50,000,000 for the administrative violation in the field of fire prevention and fighting;

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

d) Confiscate material evidences and means used for administrative violation;

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

7. Director of Immigration management department having the competence to sanction in accordance with Clause 6 of this Article and shall decide the form of expulsion as sanction.

Article 67. Competence to sanction administrative violation of Chairpersons of People’s Committees at all levels

1. Chairpersons of commune-level People’s Committees shall:

a) Impose a warning;

b) Impose a fine up to VND 3,000,000 for administrative violation in the field of domestic violence prevention; up to VND 4,000,000for the administrative violation in the field of social security, order and safety and social evil prevention; up to VND 5,000,000 for the administrative violation in the field of fire prevention and fighting;

c) Confiscate material evidences and means used for administrative violation with a value not exceeding the fine level specified at Point b of this Clause;

d) Take remedial measures specified at Pointsa, b, cand dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

2. Chairpersons of district-level People’s Committees shall:

a) Impose a warning;

b) Impose a fine up to VND 15,000,000 for administrative violation in the field of domestic violence prevention; up to VND 20,000,000for the administrative violation in the field of social security, order and safety and social evil prevention; up to VND 25,000,000 for the administrative violation in the field of fire prevention and fighting;

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

d) Confiscate material evidences and means used for administrative violation with a value not exceeding the fine level specified at Point b of this Clause;

dd) Take remedial measures specified at Pointsa, b, c,dd, e, h, i, k, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Pointsa, b, c, d, e, Clause 3, Article 3 of this Decree.

3. Chairpersons of provincial-level People’s Committees shall:

a) Impose a warning;

b) Impose a fine up to VND 30,000,000 for administrative violation in the field of domestic violence prevention; up to VND 40,000,000for the administrative violation in the field of social security, order and safety and social evil prevention; up to VND 50,000,000 for the administrative violation in the field of fire prevention and fighting;

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

d) Confiscate material evidences and means used for administrative violation;

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

Article 68. Competence to impose administrative sanction of other agencies

The forces: border guards, coast guard, customs, ranger, diplomatic missions, consular offices and other agencies authorized to perform consular functions of the Socialist Republic of Vietnam abroad shall have the competence to sanctionin accordance withthe Law on Handling of Administrative Violations for acts specified in Chapter II of this Decree under the function and duties within the scope and field of their management.

Article 69. Competence to impose administrative sanction of Inspector and Market Management

Inspector of Labor – War Invalids and Social Affairs has the competence to sanction  in accordance with the Law on Handling of Administrative Violations for the acts specified in Section 2 of Chapter II; Inspector of Culture, Sports and Tourism has the competence to sanction in accordance with the Law on Handling of Administrative Violations for the acts specified in Section 4 of Chapter II; the specialized inspection and market management forces have the competence to impose sanctions in accordance with the Law on Handling of Administrative Violations for the acts specified in Article 20 of this Decree under the functions and duties within the scope and field of their management.

Article 70. Principle to determine the competence to sanction

1. The competence to sanction administrative violation of the competent persons specified in Articles 66, 67, 68 and 69 of this Decree is the competence applied to one act of administrative violation of individuals. In case of fines, the competence to impose sanction on organizations is twice as much of that one for individuals.

2. The competence to impose sanction of administrative violation of People’s Police forces shall comply with Article 39 of the Law on Handling of Administrative Violations and Article 66 of this Decreeunder the functions and duties within the scope and field of their management.

Article 71. Competence to make minutes of administrative violations

1. The persons having the competence to impose sanction of administrative violation are specified in Articles 66, 67, 68 and 69 of this Decree.

2. The competent persons are on duty with the assigned tasks in the field of social security, order and safety, social evil prevention, fire prevention and fighting and domestic violence prevention.

Chapter4.

IMPLEMENTATION PROVISIONS

Article72.Effect

1. This Decree takes effect on December 28, 2013.

2. The Articles14, 15, 16, 17, 18, 19, 20, Chapter 3 of the Decree No.178/2004/ND-CPdated October 15, 2004 detailing the implementation of a number of articles of the Ordinance on prostitute prevention. The Decree No.110/2009/ND-CPdated December 10, 2009 regulating the sanction of administrative violation in the field of domestic violence prevention, the Decree No.73/2010/ND-CPdated July 12, 2010 regulating the sanction of administrative violation in the field of social security, order and safety, the Decree No.52/2012/ND-CPdated June 14, 2012 regulating the sanction of administrative violation in the field of fire prevention and fighting shall be null and void from the effective date of this Decree.

Article 73. Transitional provisions

1. For the acts of administrative violation in the field of social security, order and safety, social evil prevention, fire prevention and fighting and domestic violence prevention occurring before the effective date of this Decree but then detected or being considered and settled, the regulations beneficiary to the violators shall be applied.

2.For the acts of administrative violation in the field of social security, order and safety, social evil prevention, fire prevention and fighting and domestic violence prevention occurring before the effective date of this Decree but still under complaint, the previous Decrees shall be applied.

Article74.Implementation responsibility

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

2. 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 implement this Decree.

For the Government

The Prime Minister

Nguyen Tan Dung