Nghị định 17/2022/NĐ-CP sửa đổi, bổ sung các nghị định xử phạt VPHC lĩnh vực hóa chất ; điện lực; hoạt động thương mại, dầu khí

DECREE

Amending and supplementing a number of articles of decrees on sanctioning of administrative violations in the fields of chemicals and industrial explosive materials; electricity, hydroelectric dam safety, economical and efficient use of energy; commercial activities, production of, trading in counterfeit or banned goods and protection of consumer rights; petroleum, petrol, oil and gas trading

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012; the Law Amending and Supplementing a Number of Articles of the Law on Handling of Administrative Violations dated November 13, 2020;

Pursuant to Law on Investment dated June 17, 2020;

Pursuant to Law on Enterprises dated June 17, 2020;

Pursuant to Commercial Law dated June 14, 2005;

Pursuant to Law on Foreign Trade Management dated June 12, 2017;

Pursuant to the Law on E-Transactions dated November 29, 2005;

Pursuant to Law on Product and Goods Quality dated November 21, 2007;

Pursuant to Law on Measurement dated November 11, 2011;

Pursuant to the Law on Prevention and Control of Tobacco Harms dated June 18, 2012;

Pursuant to the Law on Prevention and Control of Harms of Liquor and Beer Abuse dated June 14, 2019;

Pursuant to the Law on Pharmacy dated April 06, 2016;

Pursuant to the Law on Management and Use of Weapons, Explosive Materials and Support Tools dated June 20, 2017 and the Law on Amending and Supplementing a Number of Articles of the Law on Management and Use of Weapons, Explosive Materials and Support Tools dated November 25, 2019;

Pursuant to the Law on Chemicals dated November 21, 2007;

Pursuant to the Law on Drug Prevention and Control dated March 30, 2020;

Pursuant to the Law on Protection of Consumer Rights dated November 17, 2010;

Pursuant to the Law on Electricity dated December 3, 2004 and the Law Amending and Supplementing a Number of Articles of the Law on Electricity dated November 20, 2012;

Pursuant to the Law on Economical and Efficient Use of Energy dated June 17, 2010;

Pursuant to the Petroleum Law dated July 6, 1993; the Law Amending and Supplementing a Number of Articles of the Petroleum Law dated June 9, 2000; the Law Amending and Supplementing a Number of Articles of the Petroleum Law dated June 3, 2008;

Pursuant to the Law on Prices dated June 20, 2012;

Pursuant to the Law on Occupational Safety and Health dated June 25, 2015;

Pursuant to the Law on Fire Prevention and Fighting dated June 29, 2001; the Law Amending and Supplementing a Number of Articles of the Law on Fire Prevention and Fighting dated November 22, 2013;

Pursuant to Law on Environmental Protection dated November 17, 2020;

Pursuant to the Law Amending and Supplementing a Number of Articles of Eleven Laws Related to the Planning Law dated June 15, 2018;

At the proposal of the Minister of Industry and Trade;

The Government promulgates Decree Amending and supplementing a number of articles of decrees on sanctioning of administrative violations in the fields of chemicals and industrial explosive materials; electricity, hydroelectric dam safety, economical and efficient use of energy; commercial activities, production of, trading in counterfeit or banned goods and protection of consumer rights; petroleum, petrol, oil and gas trading.

Article 1. Amending and supplementing a number of articles of the Government’s Decree No. 71/2019/ND-CP dated August 30, 2019, on sanctioning of administrative violations in the fields of chemicals and industrial explosive materials

1. To amend and supplement Point a Clause 2 Article 2 as follows:

“a) Economic institutions that are established under the Law on Enterprise, including: Sole proprietorships, joint stock companies, limited liability companies, and partnerships;”.

2. To add Point m after Point l Clause 3 Article 3 as follows:

“m) Forcible return of certificates of eligibility for producing, trading industrial chemicals subject to production and trading; licenses for producing, trading industrial chemicals restricted from production and trading; licenses for exporting, importing industrial precursors; licenses for exporting, importing Schedule 1 chemicals, Schedule 2 chemicals, Schedule 3 chemicals; licenses and certificates on management and use of industrial explosive materials, precursors of explosives that have been added, erased, or corrected in order to change the content for the agencies issuing the certificates or licenses.”.

3. To add Article 4a and Article 4b after Article 4 as follows:

“Article 4a. Regulations on completed administrative violations, in-progress administrative violations, and sanctioning of repeated administrative violations

1. Completed administrative violations and in-progress administrative violations shall be determined based on the Government’s Decree No. 118/2021/ND-CP dated December 23, 2021, detailing a number of articles of, and measures to implement, the Law on Handling of Administrative Violations.

2. Sanctioning repeated administrative violations:

a) Organizations and individuals committing repeated administrative violations other than those specified at Point b of this Clause shall be sanctioned for every administrative violation without taking into account aggravating circumstances caused by repeated administrative violations when the decisions on sanctioning administrative violations are issued;

b) Organizations and individuals committing repeated administrative violations, for the acts of violation specified in Clauses 2 and 3 Article 6; Clause 2, Point a Clause 3 Article 13; Clause 5 Article 16; Clause 5 Article 17; Clause 2 Article 18; Article 21; Clause 2 Article 22; Clauses 1 and 3 Article 23; Point a Clause 2 Article 56 of this Decree shall not be sanctioned for every administrative violation but be applied aggravating circumstances for committing repeated administrative violations when decisions on sanctioning administrative violations are issued.

Article 4b. Execution of sanctioning forms, remedial measures, and determination of illicit profits earned through the commission of administrative violations

1. The execution of decisions on sanctioning administrative violations shall comply with Section 2, Chapter III, Part II of the Law on Handling of Administrative Violations and the Government’s Decree No. 118/2021/ND-CP dated December 23, 2021, detailing a number of articles of, and measures to implement, the Law on Handling of Administrative Violations.

2. Records, files, documents, or other relevant papers recording the execution of sanctioning forms, remedial measures must be included in the dossiers on sanctioning of administrative violations in accordance with Article 57 of the Law on Handling of Administrative Violations.

3. Illicit profits earned through the commission of administrative violations specified in this Decree are objects, money, valuable papers or other assets obtained from administrative violations committed by such individuals or organizations and shall be determined as follows:

a) Illicit monetary profit means entire amount of money an organization or individual has earned from administrative violations that is calculated by the amount of money obtained from the transfer, consumption of violating goods, and provision of violating services after deducting direct costs constituting goods and services based on dossiers and documents proving the legality and validity of those costs provided by the violating individual or organization. In case of transferring or consuming prohibited goods, counterfeit goods, smuggled goods or providing conditional business services, the amount of illicit monetary profits is the entire amount of money the individual or organization obtained from the transfer, consumption or provision of such goods or services;

b) Illicit profits in the form of valuable papers are all valuable papers that violating organizations and individuals obtained from administrative violations. In case valuable papers have been transferred, the illicit profits shall be determined by the actual amount collected at the time of transfer. In case valuable papers have been dispersed or destroyed, the illicit profits shall be determined according to the book value of the organization issuing the valuable papers at the time of dispersion or destruction.

c) Illicit profits that are objects or other assets gained by the violating organizations or individuals through the commission of administrative violations mean other assets according to the Civil Code.

In case objects or other assets are not prohibited goods, counterfeit goods, or smuggled goods that have been transferred, sold, or disposed, the illicit profits shall be determined by an amount equivalent to the market value of the assets of the same type or determined according to the book value of the assets (if the market value is unavailable) or determined by the monetary value of the assets stated in the export declaration or the import declaration (for imports and exports) of the violating organizations or individuals, after deducting the direct costs constituting the goods, based on the dossiers and documents proving the legality and validity of such costs.

In case other objects or assets are prohibited goods, counterfeit goods, or smuggled goods that have been transferred or sold, the illicit profits shall be the total amount of money received by the such organizations or individual when they make the transfer.”.

4. To amend and supplement a number of clauses of Article 5 as follows:

a) To amend Clause 3 as follows:

“3. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for the act of using open-air chemical storage tanks without surrounding embankments or other technical measures to prevent chemicals from release into the environment.”;

b) To add Clause 4a after Clause 4 as follows:

“4a. Application of regulations on violations, fine levels, additional sanctions, and remedial measures specified in the Decree on sanctioning of administrative violations in the field of labor to sanction violations relating to periodical inspection for machines, equipment and supplies subject to strict requirements on occupational safety and health in chemical production and trading.”

5. To amend, supplement, and repeal a number of clauses of Article 14 as follows:

a) Amend to Clause 2:

“2. A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed for the act of failing to have a place to store dangerous chemicals for use.”;

b) To repeal Clause 3.

6. To amend, supplement, and repeal a number of clauses of Article 15 as follows:

a) To amend Clause 2 and add Clause 2a after Clause 2 as follows:

“2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of failing to archive information about chemicals used for production of other products and goods.

2a. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for the act of failing to assign persons in charge of chemical safety in facilities using chemicals for production of other products and goods.”;

b) To repeal Clause 4.

7. To amend, supplement and repeal a number of clauses of Article 16 as follows:

a) To amend Clause 1 and Clause 2 as follows:

“1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for the act of adding, erasing, or modifying to change the content of the certificate of eligibility for producing, trading industrial chemicals subject to production and trading.

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

a) Leasing, lending, mortgaging, pledging, selling, or transferring certificates of eligibility for producing, trading industrial chemicals subject to production and trading;

b) Renting, borrowing, receiving the mortgaged, receiving the pledged, purchasing, receiving the transferred certificates of eligibility for producing, trading industrial chemicals subject to production and trading.”;

b) To repeal Clause 3;

c) To amend and supplement Clause 5 as follows:

“5. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for the act of producing or trading chemicals subject to conditional production and trading at the location, or producing or trading chemicals subject to conditional production and trading with a scale or type, other than those recorded in the certificate of eligibility for producing, trading industrial chemicals subject to production and trading.”;

d) To amend and supplement Clause 7 as follows:

“7. Additional sanctions:

Deprivation of the right to use the certificate of eligibility for producing, trading industrial chemicals subject to production and trading from 1 to 3 months for the acts of violation specified at Point a Clause 2 of this Article, and from 3 to 6 months for the acts of violation specified in Clause 5 of this Article.”;

dd) To amend and supplement Clause 8 as follows:

“8. Remedial measures:

a) Forcible return of the certificate of eligibility for producing, trading industrial chemicals subject to production and trading which was modified, corrected, or erased to the agency issuing the certificate, for the acts of violation specified in Clause 1 of this Article;

b) Forcible refund of illicit profits earned through the commission of administrative violations specified in Clauses 2, 5 and 6 of this Article.”.

8. To amend, supplement and repeal a number of clauses of Article 17 as follows:

a) To amend Clauses 1 and 2 as follows:

“1. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for the act of correcting, modifying, or erasing the certificate of eligibility for producing or trading industrial chemicals restricted from production and trading.

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

a) Leasing, lending, mortgaging, pledging, selling, or transferring the certificate of eligibility for producing or trading industrial chemicals restricted from production and trading;

b) Renting, borrowing, receiving the mortgaged, receiving the pledged, purchasing, receiving the transferred certificate of eligibility for producing or trading industrial chemicals restricted from production and trading.”;

b) To repeal Clause 3;

c) To amend and supplement Clause 5 as follows:

“5. A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for the act of producing or trading chemicals restricted from production and trading at a location, or producing or trading chemicals restricted from production and trading with a scale or type, other than those recorded in the certificate of eligibility for producing or trading industrial chemicals restricted from production and trading.”;

d) To amend and supplement Clause 7 as follows:

“7. Additional sanctions:

Deprivation of the right to use the certificate of eligibility for producing or trading industrial chemicals restricted from production and trading from 3 to 6 months for the acts of violation specified at Point a Clause 2 of this Article, and from 6 to 12 months for the acts of violation specified in Clause 5 of this Article.”;

dd) To amend and supplement Clause 8 as follows:

“8. Remedial measures:

a) Forcible return of the certificate of eligibility for producing or trading industrial chemicals restricted from production and trading which has been modified, erased, or corrected to the agency issuing such certificate, for violations specified in Clause 1 of this Article;

b) Forcible refund of illicit profits earned through the commission of administrative violations specified in Clauses 2, 5 and 6 of this Article.”.

9. To amend and supplement Article 18 as follows:

“Article 18. Violation of regulations on control of industrial chemicals restricted from production and trading

1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of selling industrial chemicals restricted from production and trading to organizations or individuals buying chemicals for use purpose but fail to meet regulations on the use of hazardous chemicals.

2. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for the act of selling industrial chemicals restricted from production and trading to organizations or individuals buying chemicals for commercial purposes but fail to meet the requirements for selling industrial chemicals restricted from production and trading according to regulations.

3. Additional sanctions:

Deprivation of the right to use the certificate of eligibility for producing or trading industrial chemicals restricted from production and trading from 3 to 6 months, for violations specified in Clause 2 of this Article.

4. Remedial measures:

Forcible refund of illicit profits earned through the commission of administrative violations specified in Clause 2 of this Article.”.

10. To amend, supplement and repeal a number of clauses of Article 19 as follows:

a) To amend and supplement Clause 1 as follows:

“1. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for the act of modifying, erasing, or correcting the license for import and export of industrial precursors.”;

b) To repeal Clause 3;

c) To amend and supplement Clause 4 as follows:

“4. Remedial measures:

a) Forcible return of the license for import and export of industrial precursors which has been modified, erased, or corrected to the agency issuing such license, for violations specified in Clause 1 of this Article;

b) Forcible bringing out of the territory of the Socialist Republic of Vietnam, or forcible re-export of industrial precursors, for violations specified in Clause 2 of this Article.”.

11. To amend and supplement Point b Clause 5 Article 23 as follows:

“b) Forcible recall of domestically produced or imported chemicals which have been sold or circulated on the market without material safety data sheets made in Vietnamese language, for violations specified in Clause 4 of this Article.”.

12. To amend and supplement a number of clauses of Article 24 as follows:

a) To amend and supplement Clause 2 as follows:

“2. A fine of between VND 4,000,000 and VND 6,000,000 shall be imposed for the act of failing to declare accurate information about imported chemicals in the declaration of imported chemicals via the National Single Window Portal.”;

b) To add Clause 6a after Clause 6 as follows:

“6a. A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed for the act of failing to declare imported chemicals according to regulations.”;

c) To amend and supplement Clause 7 as follows:

“7. Additional sanctions:

Suspension of the import of chemicals from 1 to 3 months, from the date the sanctioning decision takes effect, for violations specified in Clauses 3, 4 and 6a of this Article.”.

13. To amend, supplement and repeal a number of clauses of Article 26 as follows:

a) To amend and supplement Clause 1 as follows:

“1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of:

a) Storing hazardous chemicals that are materials, intermediate chemicals, and finished chemicals that have not been declared in the promulgated chemical incident prevention and response measures;

b) Storing hazardous chemicals that are materials, intermediate chemicals, and finished chemicals at a greater amount than what has been declared in the promulgated chemical incident prevention and response measures.”;

b) To repeal Clause 5.

14. To amend and supplement Article 27 as follows:

“Article 27. Violation of regulations on development of chemical incident prevention and response measures and plans

1. The following fines shall be imposed for violation of regulations on development of chemical incident prevention and response measures:

a) A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed for the act of failing to submit industrial chemical incident prevention and response measures and decisions issuing the measures to the Department of Industry and Trade of province or city where chemical project is located within 10 business days, from the date of promulgating the decision issuing the measures, for monitoring and management;

b) A fine of between VND 3,000,000 and VND 4,000,000 shall be imposed for the act of preparing without each mandatory content of chemical incident prevention and response measures;

c) A fine of between VND 4,000,000 and VND 5,000,000 shall be imposed for the act of failing to submit industrial chemical incident prevention and response measures and decisions issuing the measures to the Department of Industry and Trade of province or city where chemical project is located for monitoring and management;

d) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of failing to store issued chemical incident prevention and response measures at the chemical facilities for organizations and individuals to use as a basis for performance of safety control at the facilities and submission to competent agencies at request;

dd) A fine of between VND 10,000,000 and VND 12,000,000 shall be imposed for the act of preparing chemical incident prevention and response measures and bringing the projects into operation without promulgating the decisions issuing measures;

e) A fine of between VND 12,000,000 and VND 15,000,000 shall be imposed for the act of failing to supplement or modify the chemical incident prevention and response measures in case of any change during investment and activities relating to the contents set out in the measures;

g) A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for the act of bringing the projects into operation without preparing chemical incident prevention and response measures.

2. The following fines shall be imposed for violation of regulations on preparation of chemical incident prevention and response plans:

a) A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for the act of failing to store approved chemical incident prevention and response plans at the chemical facilities for organizations and individuals to use as a basis for performance of safety control at the facilities and submission to competent agencies at request;

b) A fine of between VND 15,000,000 and VND 17,000,000 shall be imposed for the act of failing to submit reports to Ministry of Industry and Trade for consideration and decision in case of any changes during investment and activities related to the contents set out in the approved plans;

c) A fine of between VND 17,000,000 and VND 20,000,000 shall be imposed for the act of preparing chemical incident prevention and response plans and bringing the projects into operation without obtaining appraisal and approval from competent agencies;

d) A fine of between VND 20,000,000 and VND 25,000,000 shall be imposed for the act of bringing projects into operation without preparing chemical incident prevention and response plans in production, business, use, and storage of hazardous chemicals.

3. Additional sanctions:

Suspension of production or trading or use of hazardous chemicals from 1 to 3 months from the effective date of the sanctioning decision, for violations specified at Point g Clause 1 and Point d Clause 2 of this Article.”.

15. To amend and supplement Article 29 as follows:

“Article 29. Violation of regulations on reporting regime

1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for the act of failing to submit general reports on annual chemical activities within the prescribed time limit.

2. A fine of between VND 5,000,000 and VND 7,000,000 shall be imposed for the act of engaging in chemical activities without submitting general reports on annual chemical activities via the national chemical database (chemicaldata.gov.vn) according to regulations, or failing to make extraordinary reports on chemical activities in case of any incident, suspension of chemical activities, or at the competent agencies’ requests.”.

16. To amend and supplement Clause 4 Article 30 as follows:

“4. Additional sanctions:

Suspension of production of Schedule 1 chemicals from 1 to 3 months from the effective date of the sanctioning decision, for violations specified in Clause 3 of this Article.”.

17. To amend and supplement a number of clauses of Article 31 as follows:

a) To amend and supplement Clause 1 and Clause 2 as follows:

“1. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed on modifying, erasing or editing the license for production of Schedule 1 chemicals, Schedule 2 chemicals, Schedule 3 chemicals, DOC or DOC-PSF chemicals.

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

a) Leasing, lending, mortgaging, pledging, selling, or transferring the license for production of Schedule 1, Schedule 2, Schedule 3, DOC, and DOC-PSF chemicals;

b) Renting, borrowing, receiving the mortgaged, receiving the pledged, purchasing, receiving the transferred license for production of Schedule 1, Schedule 2, Schedule 3, DOC, and DOC-PSF chemicals.”;

b) To amend and supplement Clause 5 and Clause 6 as follows:

“5. Additional sanctions:

a) Confiscation of material evidences of administrative violations that are Schedule 1, Schedule 2, Schedule 3, DOC, and DOC-PSF chemicals, for violations specified in Clause 4 of this Article;

b) Deprivation of the right to use the license for production of Schedule 1, Schedule 2, Schedule 3, DOC, and DOC-PSF chemicals from 1 to 3 months from the effective date of the sanctioning decision, for violations specified at Point a Clause 2 and Clause 3 of this Article.

6. Remedial measures:

a) Forcible return of the license for production of Schedule 1, Schedule 2, Schedule 3, DOC, and DOC-PSF chemicals which has been modified, erased, or edited to the agency issuing such license, for violations specified in Clause 1 of this Article;

b) Forcible refund of illicit profits earned through the commission of administrative violations specified in Clause 2 and Clause 4 of this Article.”.

18. To amend, supplement and repeal a number of clauses of Article 32 as follows:

a) To amend and supplement Clause 1 as follows:

“1. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for the act of editing, modifying, or erasing the permit for import or export of Schedule 1, Schedule 2, and Schedule 3 chemicals.”;

b) To repeal Clause 3;

c) To amend and supplement Clause 4 as follows:

“4. Remedial measures:

a) Forcible return of the permit for import or export of Schedule 1, Schedule 2, and Schedule 3 chemicals which has been modified, erased, or edited, to the agency granting such permit, for violations specified in Clause 1 of this Article;

b) Forcible bringing out of the territory of the Socialist Republic of Vietnam, or forcible re-export of Schedule 1, Schedule 2, and Schedule 3 chemicals, for violations specified in Clause 2 of this Article.”.

19. To amend, supplement and repeal a number of clauses of Article 51 as follows:

a) To repeal Point d Clause 5;

b) To amend and supplement Clause 6 as follows:

“6. Remedial measures:

a) Forcible refund of illicit profits earned through the commission of administrative violations specified at Point a Clause 2 of this Article;

b) Forcible return of the license, certificate on management and use of industrial explosive materials and precursors of explosives to the agency issuing such license or certificate, for violations specified in Clause 3 of this Article.”.

20. To amend and supplement a number of points and clauses of Article 58 as follows:

a) To amend Point c Clause 1 as follows:

“c) Confiscation of material evidences of administrative violations or means used for commission of administrative violations with a value of not exceeding VND 10,000,000;”;

b) To amend Point c Clause 2 as follows:

“c) Confiscation of material evidences of administrative violations or means used for commission of administrative violations;”.

21. To amend and supplement a number of points and clauses of Article 59 as follows:

a) To amend Point c Clause 1 as follows:

“c) Confiscation of material evidences of administrative violations or means used for commission of administrative violations with a value of not exceeding VND 1,000,000;”;

b) To amend and supplement the first paragraph of Clause 2 as follows:

“2. Chief Inspectors of provincial-level Departments of Industry and Trade, provincial-level Departments of Health, provincial-level Departments of Agriculture and Rural Development, provincial-level Departments of Science and Technology; directors of Sub-Departments of Regional Animal Health, Regional Animal Inspection Sub-Departments under Departments of Animal Health; directors of Regional Plant Inspection Sub-Departments under Departments of Plant Protection; directors of Central Region Agro-Forestry-Fisheries Quality Assurance Sub-Department, Southern Agro-Forestry-Fisheries Quality Assurance Sub-Department under the Agro-Forestry-Fisheries Quality Assurance Department; directors of the Sub-Departments of Cultivation and Plant Protection, Animal Husbandry, Veterinary Medicine, Fisheries, Agro-Forestry and Fishery Quality Management under Departments of Agriculture and Rural Development; director of Department of Standards Metrology and Quality under provincial-level Departments of Science and Technology; heads of specialized inspection teams of the Vietnam Chemicals Agency, Industrial Safety Techniques and Environment Agency, Health Environment Management Agency, Directorate of Fisheries, Directorate of Water Resources, National Agro-Forestry-Fisheries Quality Assurance Department, Department of Animal Health, Department of Livestock Production, Plant Protection Department, Department of Crop Production; heads of specialized inspection teams of provincial-level Departments of Industry and Trade, provincial-level Departments of Health, provincial-level Departments of Agriculture and Rural Development, provincial-level Departments of Science and Technology may:”;

c) To amend Point d Clause 2 as follows:

“d) Confiscate administrative violation material evidences and means of a value not exceeding VND 50,000,000 for administrative violations in chemical sector and VND 100,000,000 for administrative violations in industrial explosive material sector;”;

d) To amend Point d Clause 3 as follows:

“d) Confiscate administrative violation material evidences and means of a value not exceeding VND 70,000,000 for administrative violations in chemical sector and VND 140,000,000 for administrative violations in industrial explosive material sector;”;

dd) To amend and supplement the first paragraph of Clause 4 as follows:

“4. Chief Inspectors of the Ministry of Industry and Trade, Ministry of Agriculture and Rural Development, Ministry of Transport, Ministry of Science and Technology, Ministry of Natural Resources and Environment, Ministry of Information and Communications; Directors of the Vietnam Chemicals Agency, Industrial Safety Techniques and Environment Agency, Health Environment Management Agency; Directors General of the Directorate of Fisheries, Directorate of Water Resources, Directorate for Roads of Vietnam, Directorate for Standards, Metrology and Quality, Vietnam Environment Administration; Directors of the National Agro-Forestry-Fisheries Quality Assurance Department, Department of Animal Health, Department of Livestock Production, Plant Protection Department, Department of Crop Production; Directors of Vietnam Railway Authority, Vietnam Inland Waterway Authority, Vietnam Maritime Administration, Civil Aviation Authority of Vietnam, Vietnam Agency for Radiation and Nuclear Safety, Vietnam Telecommunication Authority, Authority of Broadcasting and Electronic Information, Authority of Press, Department of Publication, Printing and Distribution of Vietnam; Director of the Drug Administration of Vietnam, General Department of Preventive Medicine may:”.

22. To amend, supplement a number of points and clauses of Article 60 as follows:

a) To amend and supplement the first paragraph of Clause 2 as follows:

 “2. Chiefs of mobile police units at the company level, station chiefs and team commanders of those mentioned in Clause 1 of this Article may:”;

b) To amend and supplement the first paragraph of Clause 3 as follows:

“3. Chiefs of commune-level police stations, chiefs of police stations and chiefs of police stations of border gates or export processing zones, heads of border-gate police stations of international airports, heads of mobile police battalions, and heads of marine squads may:”;

c) To amend and supplement Point c Clause 3 as follows:

“c) Confiscate material evidences of administrative violations or means used for commission of administrative violations with a value of not exceeding VND 5,000,000;”;

d) To amend and supplement the first paragraph of Clause 4 as follows:

“4. Chiefs of district-level police stations; heads of the professional divisions of the Police Department for Administrative Management of Social Order; heads of the professional divisions of the Traffic Police Department; heads of the professional divisions of the Fire Prevention and Fighting, Salvage and Rescue Police Department; and heads of divisions of provincial-level of Departments of Public Security, including heads of Police Divisions for Administrative Management of Social Order, heads of Police Divisions for Investigation of Corruption, Economic and Smuggling Crimes, heads of Police Divisions for Investigation of Drug-Related Crimes, heads of Traffic Police Divisions, heads of Road and Railway Traffic Police Divisions, heads of Road Traffic Police Divisions, heads of Waterways Police Divisions, heads of Mobile Police Divisions, heads of Police Divisions for Environmental Crime Prevention and Combat, heads of Fire Prevention and Fighting, Salvage and Rescue Police Divisions, heads of Economic Security Divisions, heads of Mobile Police Regiments, and heads of marine battalions may:”;

dd) To amend and supplement Point d Clause 4 as follows:

“d) Confiscate administrative violation material evidences and means of a value not exceeding VND 20,000,000 for administrative violations in chemical sector and VND 40,000,000 for administrative violations in industrial explosive material sector;”;

e) To amend and supplement Point d Clause 5 as follows:

“d) Confiscate material evidences of administrative violations or means used for commission of administrative violations;”;

g) To amend and supplement the first paragraph of Clause 6 as follows:

“6. Director of the Economic Security Department, Director of the Police Department for Administrative Management of Social Order, Director of the Investigating Police Department for Social Order-related Crimes, Director of the Police Department for Investigation of Corruption, Economic and Smuggling Crimes, Director of the Police Department for Investigation of Drug-Related Crimes, Director of the Traffic Police Department, Director of the Fire Prevention and Fighting, Salvage and Rescue Police Department, Director of the Environmental Crime Prevention and Combat Police Department, and Commander of the Mobile Police Department may:”.

23. To amend and supplement Article 61 as follows:

“Article 61. Competence of customs authorities

1. Customs officers on duty may:

a) Impose caution;

b) Impose fines of up to VND 500,000.

2. Heads of customs teams and squads of Customs Branches; heads of groups under customs control teams of provincial, inter-provincial or municipal Customs Departments; heads of customs teams of Post-Customs Clearance Inspection Branches may:

a) Impose caution;

b) Impose fines of up to VND 5,000,000.

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

a) Impose caution;

b) Impose fines of up to VND 25,000,000;

c) Confiscate material evidences of administrative violations or means used for commission of administrative violations with a value of not exceeding VND 50,000,000;

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

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

a) Impose caution;

b) Impose fines of up to VND 50,000,000;

c) Suspend the operation or deprive of the right to use the certificate of eligibility for producing or trading industrial chemicals subject to conditional production and trading; license for producing or trading industrial chemicals restricted from production and trading; license for production of Schedule 1, Schedule 2, Schedule 3, DOC, and DOC-PSF chemicals; license and certificate on management and use of industrial explosive materials and precursors of explosives for a definite term;

d) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

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

5. The Director General of Customs may:

a) Impose caution;

b) Impose fines of up to VND 50,000,000 for administrative violations in chemical sector and up to VND 100,000,000 for administrative violations in industrial explosive material sector;

c) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

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

24. To add Article 61a after Article 61 as follows:

“Article 61a. Competence of the Fisheries Resources Surveillance Force

1. Fisheries resources surveillance officers on duty may:

a) Impose caution;

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

c) Confiscate material evidences of administrative violations or means used for commission of administrative violations with a value of not exceeding VND 4,000,000.

2. Heads of fisheries resources surveillance stations under Regional Fisheries Resources Surveillance Branches may:

a) Impose caution;

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

c) Confiscate material evidences of administrative violations or means used for commission of administrative violations with a value of not exceeding VND 20,000,000;

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

3. Heads of Regional Fisheries Resources Surveillance Branches may:

a) Impose caution;

b) Impose fines of up to VND 50,000,000 for administrative violations in chemical sector and up to VND 100,000,000 for administrative violations in industrial explosive material sector;

c) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

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

4. The Director of Fisheries Resources Surveillance Department may:

a) Impose caution;

b) Impose fines of up to VND 50,000,000 for administrative violations in chemical sector and up to VND 100,000,000 for administrative violations in industrial explosive material sector;

c) Suspend the operation or deprive of the right to use the certificate of eligibility for producing or trading industrial chemicals subject to conditional production and trading; license for producing or trading industrial chemicals restricted from production and trading; license for production of Schedule 1, Schedule 2, Schedule 3, DOC, and DOC-PSF chemicals; license and certificate on management and use of industrial explosive materials and precursors of explosives for a definite term;

d) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

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

25. To amend, supplement a number of points and clauses of Article 62 as follows:

a) To amend and supplement the first paragraph of Clause 2 as follows:

“2. Heads of market surveillance teams and heads of professional divisions of the Market Surveillance Professional Department may:”;

b) To amend and supplement Point c Clause 2 as follows:

“c) Confiscate material evidences of administrative violations or means used for commission of administrative violations with a value of not exceeding VND 50,000,000;”;

c) To amend and supplement Point c Clause 3 as follows:

“c) Confiscate material evidences of administrative violations or means used for commission of administrative violations;”.

26. To amend and supplement a number of points and clauses of Article 63 as follows:

a) To add Clause 2a after Clause 2 as follows:

“2a. Heads of drug and crime prevention and combat task force teams under drug and crime prevention and combat task force regiments may:

a) Impose caution;

b) Impose fines of up to VND 5,000,000 for administrative violations in chemical sector and up to VND 10,000,000 for administrative violations in industrial explosive material sector;

c) Confiscate administrative violation material evidences and means of a value not exceeding VND 10,000,000 for administrative violations in chemical sector and VND 20,000,000 for administrative violations in industrial explosive material sector;

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

b) To amend and supplement Clause 3 and add Clause 3a after Clause 3 as follows:

“3. Chiefs of border-guard stations, heads of border-guard flotillas, and commanders of commanding boards of port border-gate guards at ports may:

a) Impose caution;

b) Impose fines of up to VND 10,000,000 for administrative violations in chemical sector and up to VND 20,000,000 for administrative violations in industrial explosive material sector;

c) Confiscate administrative violation material evidences and means of a value not exceeding VND 20,000,000 for administrative violations in chemical sector and VND 40,000,000 for administrative violations in industrial explosive material sector;

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

3a. Heads of drug and crime prevention and combat task force regiments of Drug and Crime Prevention and Combat Department under the Border Guard High Command may:

a) Impose caution;

b) Impose fines of up to VND 25,000,000 for administrative violations in chemical sector and up to VND 50,000,000 for administrative violations in industrial explosive material sector;

c) Confiscate administrative violation material evidences and means of a value not exceeding VND 50,000,000 for administrative violations in chemical sector and VND 100,000,000 for administrative violations in industrial explosive material sector;

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

c) To amend and supplement Clause 4 as follows:

“4. Commanders of provincial-level border guards; chiefs of border-guard fleets and the Director of the Drug and Crime Prevention and Combat Department under the Border-Guard High Command may:

a) Impose caution;

b) Impose fines of up to VND 50,000,000 for administrative violations in chemical sector and up to VND 100,000,000 for administrative violations in industrial explosive material sector;

c) Suspend the operation or deprive of the right to use the certificate of eligibility for producing or trading industrial chemicals subject to conditional production and trading; license for producing or trading industrial chemicals restricted from production and trading; license for production of Schedule 1, Schedule 2, Schedule 3, DOC, and DOC-PSF chemicals; license and certificate on management and use of industrial explosive materials and precursors of explosives for a definite term;

d) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

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

27. To amend and supplement a number of points and clauses of Article 64 as follows:

a) To amend and supplement Point c Clause 4 as follows:

“c) Confiscate administrative violation material evidences and means of a value not exceeding VND 20,000,000 for administrative violations in chemical sector and VND 40,000,000 for administrative violations in industrial explosive material sector;”;

b) To amend and supplement the first paragraph of Clause 5 as follows:

“5. Chiefs of coast guard fleets; heads of reconnaissance teams, and heads of drug-related crime prevention and combat task force regiments of the High Command of the Vietnam Coast Guard may:”;

c) To amend and supplement Point c Clause 5 as follows:

“c) Confiscate administrative violation material evidences and means of a value not exceeding VND 30,000,000 for administrative violations in chemical sector and VND 60,000,000 for administrative violations in industrial explosive material sector;”;

d) To amend and supplement Clause 6 as follows:

“6. Coast Guard regional commanders, and the Director of the Professional and Legal Department of the High Command of the Vietnam Coast Guard may:

a) Impose caution;

b) Impose fines of up to VND 25,000,000 for administrative violations in chemical sector and up to VND 50,000,000 for administrative violations in industrial explosive material sector;

c) Deprive of the right to use the certificate of eligibility for producing or trading industrial chemicals subject to conditional production and trading; license for producing or trading industrial chemicals restricted from production and trading; license for production of Schedule 1, Schedule 2, Schedule 3, DOC, and DOC-PSF chemicals; license and certificate on management and use of industrial explosive materials and precursors of explosives;

d) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

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

28. To amend and supplement a number of points and clauses of Article 65 as follows:

a) To amend and supplement Point a Clause 1 as follows:

“a) Chairpersons of commune-level Commune-level People’s Committees shall, within their scope of management, sanction violations specified in Clauses 1 and 2 Article 5; Clause 1 Article 7; Clauses 1 and 2 Article 8; Point a Clause 1, Point a Clause 3, Clause 4 Article 11; Clauses 1 and 2 Article 12; Clause 1 Article 14; Clause 1 Article 15; Clause 1 Article 20; Article 21; Clause 1 Article 22; Clause 1 Article 23; Clause 1 Article 24; Points a and b Clause 1, Point a Clause 2 Article 25; Points a, b, and c Clause 1 Article 27; Article 28; Clause 1 Article 29; Clause 1 Article 30; Clause 1 Article 33; Clause 1 Article 34; Clause 1 Article 35; Article 36; Clauses 1 and 2 Article 38; Clause 1 Article 41; Clause 1 Article 43; Clause 1 Article 44; Clause 1 Article 47; Points a, b, and dd Clause 1 Article 49; Clause 1 Article 53; Clauses 1 and 2 Article 54; Clause 1 Article 56 and Clause 1 Article 57 of this Decree.”;

b) To amend and supplement Point b Clause 1 as follows:

“b) Chairpersons of district-level People’s Committees shall, within their scope of management, sanction violations specified Article 5; Article 6; Article 7; Article 8; Article 9; Article 10; Clause 1, Points a, b, c, and d Clause 2, Clauses 3, 4, 5, 6 and 7 Article 11; Article 12; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18; Clause 1 Article 19; Clauses 1, 2, and 3 Article 20; Article 21; Article 22; Article 23; Article 24; Article 25; Article 26; Article 27; Article 28; Article 29; Article 30; Article 31; Clause 1 Article 32; Article 33; Clauses 1, 2, and 3 Article 34; Article 35; Article 36; Article 37; Clauses 1 and 2, Points a, b, c, d, and dd Clause 3, Points a, b, c, d, and dd Clause 4, Clause 5 Article 38; Article 39; Article 40; Article 41; Article 43; Article 44; Article 45; Article 46; Article 47; Article 48; Article 49; Article 50; Clauses 1, 2, and 3 Article 51; Clauses 1, 2, and 3 Article 52; Clauses 1, 2, 3, and 4 Article 53; Clauses 1, 2, 3, 4, and 5 Article 54; Clause 1, 2, and 3 Article 55; Clauses 1, 2, 3, and 4 Article 56 and Article 57 of this Decree.”;

c) To amend and supplement Point e Clause 2 as follows:

 “e) Chiefs of Inspectorates of provincial-level Departments of Agriculture and Rural Development; Directors of regional Animal Health Sub-Departments, Directors of regional Animal Quarantine Sub-Departments of the Department of Animal Health; Directors of regional Plant Quarantine Sub-Departments of the Plant Protection Department; Director of Central Agro-Forestry-Fisheries Quality Assurance Sub-department, Director of Southern Agro-Forestry-Fisheries Quality Assurance Sub-department under the National Agro-Forestry-Fisheries Quality Assurance Department; Directors of Sub-Departments for Crop Production and Plant Protection, Livestock Production, Animal Health, Fisheries, Agro-Forestry-Fisheries Quality Assurance of the provincial-level Departments of Agriculture and Rural Development; heads of specialized inspection teams of Directorate of Fisheries, National Agro-Forestry-Fisheries Quality Assurance Department, Department of Animal Health, Department of Livestock Production, Plant Protection Department, Department of Crop Production; heads of specialized inspection teams of provincial-level Departments of Agriculture and Rural Development shall sanction administrative violations specified in Article 14; Article 15; Article 22; Article 23; Article 24; Article 25; Article 26; Article 27; Article 28; and Article 29 of this Decree in cultivation, animal production, aquaculture, animal health, plant quarantine, preservation and processing of agricultural, forestry, fishery, and food products;”;

d) To amend and supplement Point p Clause 2 as follows:

“p) Chief Inspectors of the Ministry of Agriculture and Rural Development, Director General of the Directorate of Fisheries, Director of the Agro-Forestry-Fisheries Management Department, Director of the Department of Animal Health, Director of the Department of Livestock Production, Director of the Plan Protection Department, and Director of the Department of Crop Production shall sanction administrative violations specified in Article 14; Article 15; Article 22; Article 23; Article 24; Article 25; Article 26; Article 27; Article 28 and Article 29 of this Decree in cultivation, animal production, aquaculture, animal health, plant protection, preservation and processing agricultural, forestry, fishery, and food products;”;

dd) To amend and supplement Point q Clause 2 as follows:

“q) Chief Inspectors of the Ministry of Transport, Ministry of Science and Technology, Ministry of Natural Resources and Environment, Ministry of Information and Communications; Director General of Directorate for Roads of Vietnam, Director General of the Directorate for Standards, Metrology, and Quality, Director General of the Vietnam Environment Administration; Director of the Vietnam Railway Authority, Director of the Vietnam Inland Waterway Authority, Director of the Vietnam Maritime Administration, Director of the Civil Aviation Authority of Vietnam, Director of the Vietnam Agency for Radiation and Nuclear Safety, Director of the Vietnam Telecommunication Authority, Director of the Authority of Broadcasting and Electronic Information, Director of the Authority of Press, Director of the Department of Publication, Printing and Distribution of Vietnam, Director of the Drug Administration of Vietnam, Director of the General Department of Preventive Medicine shall sanction administrative violations specified in Chapter II of this Decree under Clause 4 Article 59 and their assigned functions, tasks, and powers.”

e) To amend and supplement Clause 3 as follows:

“3. Competence of the Public Security Force:

a) Policemen who are on duty shall sanction administrative violations specified in Clause 1 and Clause 2 Article 21, Article 36 of this Decree;

b) Heads of company-level mobile police units, station chiefs and team heads of the persons specified at Point a Clause 1 of this Article sanction administrative violations specified in Article 21; Clause 1 Article 23, Clause 1 Article 28; Article 36 of this Decree;

c) Chiefs of commune-level police stations, chiefs of police stations and chiefs of police stations of border gates or export processing zones, heads of border-gate police stations of international airports, heads of mobile police battalions, and heads of marine squads shall sanction administrative violations specified in Clause 1 Article 5; Article 21; Clause 1 Article 23; Clause 1 Article 28; Article 36; Clause 1 Article 38; Clause 1 Article 53; and Clause 1 Article 54 of this Decree in accordance with Clause 3 Article 60 and the assigned functions, tasks, and powers;

d) Chiefs of district-level police stations; heads of the professional divisions of the Police Department for Administrative Management of Social Order; heads of the professional divisions of the Traffic Police Department; heads of the professional divisions of the Fire Prevention and Fighting, Salvage and Rescue Police Department; and heads of divisions of provincial-level of Departments of Public Security, including heads of Police Divisions for Administrative Management of Social Order, heads of Police Divisions for Investigation of Corruption, Economic and Smuggling Crimes, heads of Police Divisions for Investigation of Drug-Related Crimes, heads of Traffic Police Divisions, heads of Road and Railway Traffic Police Divisions, heads of Road Traffic Police Divisions, heads of Waterways Police Divisions, heads of Mobile Police Divisions, heads of Police Divisions for Environmental Crime Prevention and Combat, heads of Fire Prevention and Fighting, Salvage and Rescue Police Divisions, heads of Economic Security Divisions, heads of Mobile Police Regiments, and heads of marine battalions shall sanction violations specified in Clauses 1 and 2 Article 5; Clause 1 Article 6; Article 7; Clauses 1, 2, and 3 Article 8; Article 9; Points a and b Clause 1, Point a Clause 2, Clauses 3, 4, 5, and 6 Article 11; Article 12; Clause 1 Article 13; Clause 1 Article 14; Clauses 1, 2, and 3 Article 15; Clauses 1 and 4 Article 16; Clause 1 Article 17; Clause 1 Article 18; Clause 1 Article 19; Clauses 1 and 2 Article 20; Article 21; Clause 1 Article 22; Clause 1 Article 23; Clauses 1, 2, and 3 Article 24; Points a, b, c, and d Clause 1 and Points a and b Clause 2 Article 25; Clause 1 Article 26; Points a, b, c, and d Clause 1 Article 27; Article 28; Article 29; Clauses 1 and 2 Article 30; Clauses 1 and 3 Article 31; Clause 1 Article 32; Clauses 1 and 2 Article 33; Clauses 1 and 2 Article 34; Article 35; Article 36; Article 37; Clauses 1, 2, and 5 Article 38; Article 39; Article 40; Clauses 1 and 3 Article 41; Clause 1 Article 42; Article 43; Article 44; Clause 1 Article 45; Article 46; Article 47; Points a, b, and dd Clause 1, Clauses 2 and 3 Article 49; Clause 1 Article 50; Clause 1 Article 51; Clause 1 Article 52; Clauses 1 and 2 Article 53; Clauses 1, 2, and 3 Article 54; Clause 2 Article 55; Clauses 1 and 2 Article 56; Clauses 1 and 2 Article 57 of this Decree in accordance with Clause 4 Article 60 and the assigned functions, tasks, and powers;

dd) Directors of provincial-level Departments of Public Security shall sanction administrative violations specified in Article 5; Article 6; Article 7; Article 8; Article 9; Article 10; Clause 1, Points a, b, c, and d Clause 2, Clauses 3, 4, 5, 6, and 7 Article 11; Article 12; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18; Clause 1 Article 19; Clauses 1, 2, and 3 Article 20; Article 21; Clause 1 Article 22; Clauses 1 and 3 Article 23; Article 24; Article 25; Article 26; Article 27; Article 28; Article 29; Article 30; Article 31; Clause 1 Article 32; Article 33; Clauses 1, 2, and 3 Article 34; Article 35; Article 36; Article 37; Clauses 1, 2, and 5 Article 38; Article 39; Article 40; Clause 1 and 3 Article 41; Clause 1 Article 42; Article 43; Article 44; Article 45; Article 46; Article 47; Article 48; Points a, b, and dd Clause 1, Clauses 2, 3, 4, and 5 Article 49; Article 50; Clauses 1, 2, and 3 Article 51; Clauses 1, 2, and 3 Article 52; Clauses 1, 2, 3, and 4 Article 53; Clauses 1, 2, 3, 4, and 5 Article 54; Clauses 1, 2, and 3 Article 55; Clauses 1, 2, 3, and 4 Article 56 and Article 57 of this Decree;

e) The Director of the Economic Security Department, Director of the Police Department for Administrative Management of Social Order, Director of Police Department for Investigation of Social Order-Related Crimes, Director of the Police Department for Investigation of Corruption, Economic and Smuggling Crimes, Director of the Police Department for Drug-Related Crimes, Director of the Traffic Police Department, Director of the Fire Prevention and Fighting, Salvage and Rescue Police Department, Director of the Environmental Crime Prevention and Combat Police Department, and Commander of the Mobile Police Department shall sanction administrative violations specified in Article 5; Article 6; Article 7; Article 8; Article 9; Article 10; Article 11; Article 12; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18; Clause 1 Article 19; Clauses 1, 2, and 3 Article 20; Article 21; Clause 1 Article 22; Clauses 1 and 3 Article 23; Article 24; Article 25; Article 26; Article 27; Article 28; Article 29; Article 30; Article 31; Clause 1 Article 32; Article 33; Article 34; Article 35; Article 36; Article 37; Clauses 1, 2, and 5 Article 38; Article 39; Article 40; Clauses 1 and 3 Article 41; Clause 1 Article 42; Article 43; Article 44; Article 45; Article 46; Article 47; Article 48; Points a, b, and dd Clause 1, Clauses 2, 3, 4, and 5 Article 49; Article 50; Article 51; Article 52; Article 53; Article 54; Clauses 1, 2, 3, and 5 Article 55; Article 56 and Article 57 of this Decree in accordance with Clause 6 Article 60 and the assigned functions, tasks, and powers.”;

g) To amend and supplement Clause 4 as follows:

“4. Competence of customs authorities:

a) Heads of customs teams and squads of Customs Branches; heads of groups under customs control teams of provincial, inter-provincial or municipal Customs Departments; and heads of customs teams of Post-Customs Clearance Inspection Branches shall sanction administrative violations specified in Clause 1 Article 24 and Clause 1 Article 42 of this Decree;

b) Heads of Customs Branches; heads of Post-Customs Clearance Inspection Branches; heads of customs control teams of provincial, inter-provincial or municipal Customs Departments; heads of Criminal Investigation Teams; heads of Anti-Smuggling Control Teams; and heads of Control Teams to Combat Smuggling of Counterfeit Goods and Protect Intellectual Property Rights of the Anti-Smuggling Investigation Department; and heads of Post-Customs Clearance Inspection Branches of the Post-Customs Clearance Inspection Department shall sanction administrative violations specified in Clause 1 and Points a and b Clause 2 Article 19; Clause 4 Article 20; Clauses 1, 2, 5, and 6 Article 24; Clause 1 and Points a and b Clause 2 Article 32; Clause 1 Article 42 of this Decree;

c) The Director of the Anti-Smuggling Investigation Department and Director of the Post-Customs Clearance Inspection Department of the General Department of Customs, and directors of provincial, inter-provincial and municipal Customs Departments shall sanction administrative violations specified Article 19; Clause 4 Article 20; Article 24; Article 32; Article 42; Clause 3 and Point a Clause 4 Article 55 of this Decree;

d) The Director General of Customs shall sanction administrative violations specified Article 19; Clause 4 Article 20; Clauses 1, 2, 5, and 6 Article 24; Article 32; Clause 1 Article 42; Clause 3 and Point a Clause 4 Article 55 of this Decree.”;

h) To add Clause 4a after Clause 4 as follows:

“4a. Competence of the Fisheries Resources Surveillance Force:

a) Heads of fisheries resources surveillance stations under Regional Fisheries Resources Surveillance Branches shall sanction administrative violations specified in Clauses 1 and 2 Article 8 of this Decree in fisheries;

b) Heads of Regional Fisheries Resources Surveillance Branches shall sanction administrative violations specified in Clauses 1 and 2 Article 8; Clause 2 Article 19; Article 32 of this Decree in fisheries;

c) The Director of Fisheries Resources Surveillance Department shall sanction administrative violations specified in Clauses 1 and 2 Article 8; Clause 2 Article 19; Article 32 of this Decree in fisheries.”;

i) To amend and supplement Clause 5 as follows:

“5. Competence of the Market Management Force:

a) Market controllers who are on duty shall sanction administrative violations specified in Clause 1 and Clause 2 Article 21 of this Decree;

b) Heads of market surveillance teams and heads of professional divisions of the Market Surveillance Professional Department shall sanction administrative violations specified in Clauses 1 and 2 Article 5; Clauses 1 and 2 Article 8; Clause 1, Points a, b, c, and d Clause 2 and Clause 3 Article 11; Article 12; Clause 1, Point b Clause 3 Article 13; Clause 1, Point b Clause 2, Clauses 4 and 6 Article 16; Clause 1, Point b Clause 2, Clauses 4 and 6 Article 17; Clause 1 Article 18; Clause 1 Article 19; Clauses 1, 2, and 3 Article 20; Article 21; Article 22; Article 23; Clauses 5 and 6 Article 24; Article 26; Points a, b, c, d, dd, and e Clause 1, Points a, b, and c Clause 2 Article 27; Article 28; Article 29; Clauses 1 and 2 Article 30; Clause 1, Point b Clause 2, Clause 4 Article 31; Clause 1 Article 32; Clause 1 and 2 Article 33; Clause 1 Article 34; Clause 1 Article 35; Clause 1 Article 36; Clause 3 Article 37; Clauses 1, 2, and 5 Article 38; Clauses 1 and 3 Article 41; Clause 1 Article 42; Clause 2 Article 43; Article 44; Article 45; Article 48; Clauses 1, 2, and 3 Article 49; Clause 1 Article 51; Clause 1 Article 52; Clause 1 and 2 Article 53; Clauses 1, 2, and 3 Article 54; Clauses 1 and 2 Article 55 of this Decree;

c) Directors of provincial-level Market Surveillance Departments, and the Director of the Market Surveillance Professional Department of the Vietnam Directorate of Market Surveillance shall sanction administrative violations specified in Article 5; Article 6; Article 7; Article 8; Article 9; Article 10; Clauses 1, 2, and 3 Article 11; Article 12; Article 13; Article 16; Article 17; Article 18; Article 19; Article 20; Article 21; Article 22; Article 23; Clauses 5, 6, and 6a Article 24; Article 26; Article 27; Article 28; Article 29; Article 30; Article 31; Article 32; Article 33; Article 34; Article 35; Article 37; Article 38; Article 39; Clause 2 Article 40; Article 41; Article 42; Article 43; Article 44; Article 45; Article 48; Clauses 1, 2, and 3 Article 49; Clauses 1, 2, and 3 Article 51; Clause 1 and Points a, c, and d Clause 3 Article 52; Clauses 1, 2, 3, and 4 Article 53; Clauses 1, 2, 3, 4, and 5 Article 54; Clauses 1, 2, 3, and 4 Article 55 of this Decree;

d) The Director General of the Vietnam Directorate of Market Surveillance shall sanction administrative violations specified in Article 5; Article 6; Article 7; Article 8; Article 9; Article 10; Clauses 1, 2, and 3 Article 11; Article 12; Article 13; Article 16; Article 17; Article 18; Article 19; Article 20; Article 21; Article 22; Article 23; Clauses 5, 6, and 6a Article 24; Article 26; Article 27; Article 28; Article 29; Article 30; Article 31; Article 32; Article 33; Article 34; Article 35; Article 37; Article 38; Article 39; Clause 2 Article 40; Article 41; Article 42; Article 43; Article 44; Article 45; Article 48; Clauses 1, 2, and 3 Article 49; Article 51; Clause 1, Points a, c, and d Clause 3 Article 52; Article 53; Article 54 and Article 55 of this Decree.”;

k) To amend and supplement Clause 6 as follows:

“6. Competence of border guards:

a) Border-guard soldiers who are on duty shall sanction administrative violations specified in Clause 1 and Clause 2 Article 21 of this Decree;

b) Station chiefs or team commanders of border-guard soldiers shall sanction administrative violations specified in Article 21; Clause 1 Article 23; Clause 1 Article 42; Clause 1 Article 54 of this Decree;

c) Heads of drug and crime prevention and combat task force teams under drug and crime prevention and combat task force regiments shall sanction administrative violations specified in Clauses 1 and 2 Article 8; Clauses 1 and 2 Article 12; Clause 1 Article 15; Clause 1 Article 16; Clause 1 Article 17; Clause 1 Article 19; Clause 1 Article 20; Article 21; Clause 1 Article 23; Clause 1 Article 31; Clause 1 Article 32; Clause 1 and 3 Article 41; Clause 1 Article 42; Clause 1 Article 44; Clauses 1, 2, and 3 Article 54; Clause 1 Article 56 of this Decree;

d) Chiefs of border-guard stations, heads of border-guard flotillas, and commanders of commanding boards of port border-gate guards at ports shall sanction administrative violations specified in Clauses 1, 2, and 3 Article 8; Article 12; Clause 1 Article 13; Clauses 1 and 2 Article 15; Clauses 1 and 4 Article 16; Clause 1 Article 17; Clause 1 and Point a Clause 2 Article 19; Clauses 1 and 2 Article 20; Article 21; Clause 1 Article 23; Clause 1 Article 31; Clause 1 and Point a Clause 2 Article 32; Clauses 1 and 3 Article 41; Clause 1 Article 42; Article 44; Clause 1 Article 51; Clauses 1, 2, and 3 Article 54; Clause 2 Article 55; Clauses 1 and 2 Article 56 of this Decree;

dd) Heads of drug and crime prevention and combat task force regiments of Drug and Crime Prevention and Combat Department under the Border Guard High Command shall sanction administrative violations specified in Article 8; Article 12; Article 13; Clauses 1, 2, and 2a Article 15; Clause 1, Point b Clause 2, Clause 4 and Clause 6 Article 16; Clause 1, Point b Clause 2, Clause 4 and Clause 6 Article 17; Clause 1 and Points a and b Clause 2 Article 19; Article 20; Article 21; Clauses 1, 3, and 4 Article 23; Clause 1, Point b Clause 2 and Clause 4 Article 31; Clause 1 and Points a and b Clause 2 Article 32; Clause 1 and 3 Article 41; Clause 1 Article 42; Clause 1 Article 44; Clause 1 Article 51; Clauses 1, 2, 3, 4, and 5 Article 54; Clauses 1, 2, 3, and 4 Article 55; Clauses 1 and 2 Article 56 of this Decree;

e) Commanders of provincial-level border guards; chiefs of border-guard fleets and the Director of the Drug and Crime Prevention and Combat Department under the Border-Guard High Command shall sanction administrative violations specified in Article 8; Article 12; Article 13; Clauses 1, 2, and 2a Article 15; Article 16; Article 17; Article 19; Article 20; Article 21; Clauses 1, 3, 4 Article 23; Article 31; Article 32; Clauses 2 and 3 Article 34; Clauses 1 and 3 Article 41; Article 42; Article 44; Article 51; Article 54; Article 55 and Article 56 of this Decree.”;

l) To amend and supplement Point dd, Point e, and Point g Clause 7 as follows:

 “dd) Chiefs of coast guard fleets; heads of reconnaissance teams, and heads of drug-related crime prevention and combat task force regiments of the High Command of the Vietnam Coast Guard shall sanction administrative violations specified in Article 8; Article 12; Clauses 1 and 2 Article 13; Clauses 1, 2, and 2a Article 15; Clauses 1, 4, and 5 Article 16; Clauses 1 and 4 Article 17; Clause 1 and Point a Clause 2 Article 19; Clauses 1, 2, and 3 Article 20; Article 21; Clauses 1 and 3 Article 23; Clause 1 Article 31; Clause 1 and Point a Clause 2 Article 32; Clauses 1 and 3 Article 41; Clause 1 Article 42; Article 43; Article 44; Clause 1 Article 51; Clauses 1, 2, 3, and 4 Article 54; Clauses 2 and 3 Article 55; Clauses 1, 2, and 3 Article 56 of this Decree;

e) Coast Guard regional commanders, and the Director of the Professional and Legal Department of the High Command of the Vietnam Coast Guard shall sanction administrative violations specified in Article 8; Article 12; Article 13; Article 15; Clauses 1 and 4 Article 16; Clauses 1 and 4 Article 17; Clause 1 and Points a and b Clause 2 Article 19; Article 20; Article 21; Clauses 1, 3, and 4 Article 23; Clauses 1 and 3 Article 31; Clause 1 and Points a and b Clause 2 Article 32; Clauses 1 and 3 Article 41; Clause 1 Article 42; Article 43; Article 44; Points b, c, and d Clause 1 Article 48; Clauses 1 and 3 Article 51; Clauses 1, 2, 3, 4, and 5 Article 54; Clauses 2, 3, and 4 Article 55; Clauses 1, 2, 3, and 4 Article 56 of this Decree;

g) The Vietnam Coast Guard Commander shall sanction administrative violations specified in Article 8; Article 12; Article 13; Article 15; Clauses 1 and 4 Article 16; Clauses 1 and 4 Article 17; Articles 19, 20, and 21; Clauses 1, 3, and 4 Article 23; Clauses 1 and 3 Article 31; Articles 32 and 39; Clauses 2 and 3 Article 34; Clauses 1 and 3 Article 41; Article 42; Article 43; Article 44; Points b, c, and d Clause 1 Article 48; Clause 1, Points b and c Clause 2, Clause 3, Clause 4 Article 51; Article 54; Clauses 2, 3, and 4, Clause 5 Article 55; Article 56 of this Decree.”.

Article 2. Amending and supplementing the Government’s Decree No. 134/2013/ND-CP dated October 17, 2013, on sanctioning of administrative violations in the field of electricity, hydroelectric dam safety, economical and efficient use of energy

1. To amend the title of the Decree as follows:

“Decree on sanctioning of administrative violations in the field of electricity”.

2. To amend and supplement Article 1 as follows:

“Article 1. Scope of regulation

This Decree provides administrative violations, sanctioning forms and levels, remedial measures; procedures and competence to make written records of administrative violations, competence to sanction administrative violations in the field of electricity, including:

1. Provisions on electricity operation license.

2. Provisions on design, construction and installation, acceptance, and putting into operation of electricity works.

3. Provisions on electricity generation, transmission, and distribution.

4. Provisions on electricity purchase, wholesaling and retailing.

5. Provisions on use of electricity.

6. Provisions on electric safety: Implementation of safety measures when building electricity works; operation, repair, and maintenance of power plants, electricity transmission line, electrical substations, and electric equipment; inspection of electric equipment, tools, and materials; use of electricity in business, production, and daily activities.

7. Provisions on electric system regulation.

8. Provisions on electricity market.

9. Provisions on management of safety operation of dams and hydroelectric reservoirs.

10. Provisions on ensuring safety of hydroelectric dams and downstream areas.

11. Provisions on safety assurance of buffer zones of hydroelectric dams.

12. Provisions on energy auditing.

13. Provisions on economical and efficient use of energy in industrial production, construction, transport, and agricultural production.

14. Provisions on management and economical and efficient use of energy in major energy users.

15. Provisions on energy labeling in production, import, trading, and distribution of energy-consuming devices and equipment.

16. Provisions on production, import, circulation of energy-consuming devices and equipment included in the lists of energy-consuming devices and equipment subject to elimination and energy labeling.

17. Provisions on norms on energy use in production and trading.

18. Provisions on energy use and purchase reporting regime applicable to state budget-funded units.”.

3. To add Article 1a after Article 1 as follows:

“Article 1a. Subjects of application

1. Vietnamese and foreign organizations and individuals (hereinafter referred to as organizations and individual) that commit administrative violations specified in this Decree within the territory of Vietnam.

Organizations that may be sanctioned for administrative violations specified in this Decree include:

a) Organizations conducting electricity activities, including: Electricity-generating units, Electricity-transmitting units; Electricity-distributing units, Electricity-wholesaling units, Electricity-retailing units, Electric system-regulating units, Electricity market transaction- administering units; Specialized electricity consultancy units;

b) Energy-auditing organizations; facilities providing energy auditing training and issuing energy auditor certificates; facilities providing energy management training and issuing energy management certificates;

c) Electricity-using customers, energy-using customers that are state agencies committing violations which are not within the assigned state management tasks; economic institutions established under the Law on Enterprises, the Law on Investment; cooperatives, cooperative unions; non-business units; people’s armed force units; political organizations, socio-political organizations, socio-politico-professional organizations, social organizations, socio-professional organizations; foreign enterprises operating in Vietnam and their branches or representative offices; international organizations and foreign organizations in Vietnam and their branches or representative offices;

d) Other organizations established in accordance with law provisions committing violations specified in this Decree.

2. Persons competent to make written records, and sanction administrative violations and other relevant individuals and organizations.”.

4. To amend and supplement Article 2 as follows:

“Article 2. Regulation on statute of limitations for handling administrative violations, completed administrative violations, in-progress administrative violations, and repeated administrative violations

1. The statute of limitations for sanctioning an administrative violation in the field of electricity, or economical and efficient use of energy is 1 year. For administrative violations relating to manufacturing and import of economical and efficient energy-consuming devices and equipment, the statute of limitations for sanctioning is 2 years.

2. Completed administrative violations and in-progress administrative violations shall be determined in accordance with the Government’s Decree No. 118/2021/ND-CP dated December 23, 2021, detailing a number of articles of, and measures to implement, the Law on Handling of Administrative Violations.

3. Handling repeated administrative violations:

a) Organizations and individuals committing repeated administrative violations shall be applied aggravating circumstances for the persons competent to sanction administrative violations to consider issuing decisions on sanctioning administrative violations, except for the cases specified at Point b of this Clause;

b) For administrative violations which shall be sanctioned according the value, quantity, amount, or type of material evidences of administrative violations or means used for commission of administrative violations specified in this Decree, individuals or organizations committing repeated administrative violations shall be sanctioned for each violation and persons competent to sanction administrative violations for administrative violations shall not apply multiple aggravating circumstances when issuing decisions imposing penalties for each administrative violation.”.

5. To amend Article 3 as follows:

“Article 3. Sanctioning forms and levels

1. Principal sanctions:

a) Caution;

b) Fine.

2. Additional sanctions:

a) Confiscation of material evidences of administrative violations or means used for commission of administrative violations (below collectively referred to as material evidences and means of administrative violations);

b) Deprivation of the right to use practice licenses for definite time;

c) Suspension of electricity activities for a definite time; suspension of energy labeling activities for a definite time.

3. Fine levels:

a) The maximum fine to be imposed in the field of electricity is VND 100,000,000 for individual and VND 200,000,000 for organization;

b) Fines specified in Chapter II of this Decree shall be imposed for administrative violations committed by individuals, except for those committed by organizations as prescribed in Article 5, Article 7, Article 8, Clause 2 thru Clause 6 Article 9, Article 10, Clause 4 and Clause 6 thru Clause 9 Article 11, Article 13, Article 14, Article 20, Clause 2 Article 21, Article 23 and Article 31 of this Decree.”.

6. To amend and supplement Article 4 as follows:

“Article 4. Remedial measures

1. Forcible restoration of the original state.

2. Forcible re-export of goods, articles or means.

3. Forcible destruction of goods or articles harmful to human health, domestic animals, plants and environment.

4. Forcible removal of infringing elements from goods, goods packages; elimination of electric generator sets.

5. Forcible recall of products or goods (in circulation) of inferior quality (including energy labels stuck on devices and equipment, or labelled products).

6. Forcible recall or re-selling of contributed capital or purchased shares of generating units.

7. Forcible return of issued license for electricity operations.

8. Forcible refund of illicit profits earned through the commission of administrative violations for forfeiture into the state budget or return to victims who suffer losses or whose objects have been misappropriated (including all costs incurred from the violations (if any)).

9. Forcible testing and inspection of equipment; quality inspection of partial or total construction which has been completed, tested for acceptance, handed over, or put into use.

10. Forcible replacement and installation of electric equipment and parts satisfying standards and technical regulations issued by competent agencies or forcible use of equipment that has been inspected and satisfies standards and technical regulations issued by competent state sagencies or forcible use of lighting equipment satisfying technical regulations on economical and efficient use of energy in public lighting.

11. Forcible investment and maintenance of normal operation of communication equipment, SCADA/EMS, electricity measurement, AGC, PSS systems.

12. Forcible maintenance of primary frequency control and voltage regulation.

13. Forcible selection of eligible and qualified organizations and individuals as prescribed.

14. Forcible additional installation of warning systems in downstream areas.

15. Forcible addition of signs and warnings to the scope of hydroelectric projects, warning buoys in the lake bed within the protection range of the dam upstream.

16. Forcible installation of operational monitoring, communication devices, and safety warning systems for dams and downstream side of dams.

17. Forcible compliance to regulations on the norms of energy use, technical regulations in designing, constructing, and using construction materials for energy efficiency.

18. Forcible cancellation of energy auditor certificates and disclosure of list of violating certificates to organizations issuing energy auditor certificates; forcible revocation of certificates, test results, energy management certificates, energy auditor certificates, and certificates of energy management course completion.

19. Forcible suspension of circulation of equipment, devices, and machinery.”.

7. To repeal the title of Section 1 “Section. Electricity sector” of Chapter II.

8. To amend and supplement Article 5 as follows:

“Article 5. Violation of regulation on electricity operation licenses

1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of failing to store the original copies of electricity operation licenses at the organizations’ headquarters or failing to store copies of electricity operation licenses at the organizations’ trade offices.

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

a) Failing to makes repots within the time limit applicable to annual reporting regimes on operation in the licensed sector as prescribed;

b) Failing to carry out procedures for modifying electricity operation licenses within 30 days from the date of changing the names or addresses of the headquarters.

3. A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed for one of the following acts of violation:

a) Engaging in electricity activities during the period in which the electricity operation license is missing or lost without reporting to the licensing agency;

b) Failing to report to the licensing agency at least 60 days prior to the cessation of electricity activities or transfer of electricity activities in case the electricity operation license remains valid.

4. A fine of between VND 90,000,000 and VND 120,000,000 shall be imposed for one of the following acts of violation:

a) Failing to carry out procedures for modifying the electricity operation license within 30 days from the date of modifying the electricity operation license, except for violations specified at Point b Clause 2 of this Article;

b) Failing to strictly comply with one of the contents stated in the electricity operation license, except for other activities specified in this Decree;

c) Arbitrarily repairing, leasing, lending or renting the electricity operation license.

5. A fine of between VND 120,000,000 and VND 160,000,000 shall be imposed for one of the following acts of violation:

a) Providing untruthful and inaccurate dossiers of request for issuance, or modification of the license;

b) Conducting electricity activities when the electricity operation license has expired;

c) Failing to satisfy one of the conditions for conducting electricity activities as prescribed by law during the operation.

6. A fine of between VND 160,000,000 and VND 200,000,000 shall be imposed for one of the following acts of violation:

a) Conducting electricity activities without electricity operation license, except for violations specified at Point b Clause 5 of this Article;

b) Conducting electricity activities during the period in which the electricity operation license is revoked by competent state agencies.

7. Remedial measures:

a) Forcible return of issued Electricity operation license for violations specified at Point c Clause 4 and Point a Clause 5 of this Article;

b) Forcible refund of illicit profits earned through the commission of administrative violations which are the revenues that the violators gain from electricity activities during the violating period for forfeiture into the state budget, for violations specified at Point c Clause 4, Point b Clause 5, and Clause 6 of this Article.”.

9. To amend and supplement Article 6 as follows:

“Article 6. Violation of regulations on construction, installation of electricity works

1. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed for the act of preventing the organizations and individuals from repairing or constructing electricity works.

2. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the act of installing, repairing, or relocating electricity works without obtaining approval of owners of the electricity works or units managing the operation of electricity works.

3. A fine of between VND 30,000,000 and VND 60,000,000 shall be imposed for one of the following acts of violation:

a) Installing and using materials, electric equipment which does not satisfy the design, standards and technical regulations issued by competent state agencies;

b) Arbitrarily issuing and forcibly applying standards related to construction and installation of electricity works which do not comply with standards and technical regulations issued by competent state agencies.

4. A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for one of the following acts of violations:

a) Selecting ineligible organizations and individuals to provide consultancy in electricity or build electricity works;

b) Building or installing electricity works inconsistent to electricity development planning;

c) Commencing construction or building electricity works without obtaining construction permit as required or without satisfying requirements for commencing construction;

d) Failing to send reports to competent agencies after commencing construction;

dd) Putting work items or electricity works into operation and use without obtaining written approval of commissioning results issued by competent state agencies as prescribed by law.

5. Remedial measures:

a) Forcible restoration of the original state for violations specified in Clause 2 and Point b Clause 4 of this Article;

b) Forcible replacement or installation of electric equipment and supplies satisfying standards and technical regulations issued by competent state agencies for violations specified at Point a Clause 3 of this Article;

c) Forcible selection of eligible and qualified organizations and individuals for violations specified at Point a Clause 4 of this Article;

d) Forcible refund of illicit profits earned through the commission of administrative violations which are the revenues that the violators gain from electricity generation for forfeiture into the state budget and forcible quality inspection of the part or entire work which has been completed or tested for acceptance, handed over, or put into operation, for violations specified at Point dd Clause 4 of this Article.”.

10. To amend and supplement Article 7 as follows:

“Article 7. Violations of regulations on electricity generation

1. A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed for the act of failing to provide information on electricity generation readiness, reserve capacity, implementation of operational methods of power plants, and information related to electricity generation for National electric system dispatching units, electricity market transaction-administering units or electricity-regulating agencies in accordance with Circulars regulating competitive electricity market, electricity transmission system, and electricity distribution system promulgated by the Ministry of Industry and Trade.

2. A fine of between VND 60,000,000 and VND 100,000,000 shall be imposed on Generating units committing one of the following acts of violations:

a) Failing to periodically test and inspect equipment as prescribed;

b) Using equipment that has not been tested or inspected or does not satisfy standards, technical regulations issued by competent state agencies, for power plants;

c) Failing to comply with procedures, standards, and technical procedures issued by competent state agencies regarding connection and operation of power plants, electricity grids.

3. A fine of between VND 120,000,000 and VND 150,000,000 shall be imposed on Generating units committing one of the following acts of violation:

a) Providing inaccurate information on readiness of generator sets and power plants;

b) Failing to invest in communication, SCADA/EMS, electricity measurement, AGC, and PSS systems as prescribed;

c) Failing to maintain normal operation of communication, SCADA/EMS, electricity measurement, AGC, PSS systems which have been invested as prescribed;

d) Failing to maintain the primary frequency control capacity as requested in writing by National electric system dispatching units;

dd) Failing to maintain voltage regulation capacity of the power plants as requested in writing by National electric system dispatching units.

4. Remedial measures:

a) Forcible testing and inspection of equipment; replacement of equipment not satisfying standards and technical regulations issued by competent state agencies and forcible return of illicit profits earned through the commission of administrative violations to victims who suffer losses or whose objects have been misappropriated (including all costs incurred from the violations (if any)) for violations specified at Point a and Point b Clause 2 of this Article; if the individual or institutional victims cannot be determined, such illicit profits shall be transferred to the state budget;

b) Forcible investment and maintenance of normal operation of communication devices, SCADA/EMS, electricity measurement, AGC, PSS systems for violations specified at Point b and Point c Clause 3 of this Article;

c) Forcible maintenance of primary frequency control capacity and voltage regulation capacity for violations specified at Point d and Point dd Clause 3 of this Article.”.

11. To amend and supplement Article 8 as follows:

“Article 8. Violation of regulations on electricity-transmitting activities

1. A fine of between VND 20,000,000 and VND 40,000,000 shall be imposed for the act of failing to provide information on transmission capacity and operation modes of electricity grids, the readiness of equipment and information related to electricity-transmitting activities as requested in writing by National electric system dispatching units, electricity market transaction-administering units, or electricity-regulating agency.

2. A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed for Power transmitting units committing one of the following acts of violation:

a) Allowing connection to the electricity transmission grids of equipment which does not satisfy standards and technical regulations issued by competent state agencies;

b) Using electricity measuring devices which have not been inspected as prescribed or fail to satisfy standards and technical regulations applicable to electricity measuring devices issued by competent state agencies for electricity transmission grids.

3. A fine of between VND 100,000,000 and VND 120,000,000 shall be imposed on Power transmitting units committing one of the following acts of violation:

a) Failing to comply with procedures and technical regulations on operation of electricity grids;

b) Failing to provide electricity transmission service at request of units using electricity transmission grids, except for cases where electricity grids are overloaded as confirmed by electricity-regulating agencies;

c) Providing inaccurate information on operational status of electricity grids thereby causing damage to electricity-transmitting activities;

d) Failing to invest in communication, SCADA/EMS, electricity measurement systems as prescribed;

dd) Failing to maintain normal operation of communication, SCADA/EMS systems that have been invested as prescribed.

4. A fine of between VND 120,000,000 and VND 160,000,000 shall be imposed on Power transmitting units committing one of the following acts of violation:

a) Failing to remedy and restore original operational status of electricity transmission grids thereby causing interruption to power supply or overload of electric equipment on electricity transmission grids within the time limit according to the Regulations on electricity transmission system promulgated by the Ministry of Industry and Trade without a legitimate reason;

b) Failing to suspend or request National electric system dispatching units to reduce transmission load in case of risk to human lives and safety of equipment;

c) Approving connection to load, power sources in a manner that overloads the line, high voltage transformer substations, ultra-high voltage transformer substations in normal operational conditions, unless otherwise approved by the competent state agencies.

5. A fine of between VND 160,000,000 and VND 200,000,000 shall be imposed on Power transmitting units committing one of the following acts of violation:

a) Failing to construct or delay construction of electricity grids from connection points of Electricity-generating units, Electricity-distributing units fully satisfying requirements and standards, technical regulations issued by the competent state agencies for connecting to the national electric system without a legitimate reason approved by Electricity-regulating agencies;

b) Failing to provide transmission service according to the Regulations on electricity transmission system of the Ministry of Industry and Trade, causing damage to Electricity-generating units, Electricity-distributing units, and users connecting directly to electricity transmission grids, except for cases where electricity grids are overloaded as confirmed by Electricity-regulating agencies;

c) Contributing capital to Electricity-generating units; purchase shares of Electricity-generating units.

6. Remedial measures:

a) Forcible testing and inspection of equipment and replacement of equipment that fails to satisfy standards and technical regulations issued by the competent state agencies for violations specified at Point b Clause 2 of this Article;

b) Forcible recall of contributed capital or purchased shares of Electricity-generating units for violations specified at Point c Clause 5 of this Article;

c) Forcible investment and maintenance of normal operation of communication devices, SCADA/EMS, electricity measuring devices for violations specified at Point d and Point dd Clause 3 of this Article.”.

12. To amend and supplement Article 9 as follows:

“Article 9. Violation of regulation on electricity distribution

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

a) Removing or installing measuring devices on electricity grids when not being assigned to do so;

b) Failing to have record of removal or installation when installing or replacing electricity measuring devices or failing to obtain signatures of electricity-using customers’ representatives on the record;

c) Failing to obtain professional cards when calibrating measuring devices installed along electricity grids;

d) Failing to obtain the inspection certificate or inspection stamp or inspection seal when inspecting electricity measuring devices;

dd) Failing to commission within the time limit after installing, replacing, repairing, or calibrating electricity measuring devices.

2. A fine of between VND 10,000,000 and VND 30,000,000 shall be imposed on Electricity-distributing units failing to make reports on readiness, reserve capacity, and electricity distribution equipment, electricity use demand of their areas at request of National electric system dispatching units, Electricity market transaction-administering units, Electricity-regulating agencies, or competent state agencies.

3. A fine of between VND 40,000,000 and VND 60,000,000 shall be imposed on Electricity-distributing units committing one of the following acts of violation:

a) Failing to inspect, repair, or replace electricity measuring devices or failing to take replacement measures within 3 business days starting from the date of receiving the electricity buyers’ written request;

b) Failing to handle incidents within 2 hours from the date of discovering the incidents are discovered or receiving the electricity buyer’s notice of the incidents of electricity grids managed by the electricity sellers in order to restore electricity supply without a legitimate reason;

c) Failing to satisfy customer service quality requirements.

4. A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed on Electricity-distributing units committing one of the following acts of violation:

a) Allowing the connection to electricity distribution grids of equipment that does not satisfy standards and technical regulations issued by competent state agencies;

b) Agreeing to connect to 100 kV electricity grids the transformer stations, power plants, or lines inconsistent with electricity development planning approved by competent state agencies;

c) Using electricity measuring devices that have not yet been inspected as prescribed or those that have been inspected but fail to satisfy standards and technical regulations issued by competent state agencies, for electricity measuring devices of electricity distribution grids;

d) Using electricity measuring devices failing to satisfy the National standards (TCVN) or those that are not inspected and sealed by state management agencies or designated metrology organizations;

dd) Failing to exercise the right to suspend or reduce electricity supply; failing to notify or failing to properly implement the notice according to the Regulations on procedures for suspending, reducing electricity supply promulgated by the Ministry of Industry and Trade;

e) Suspending or reducing electricity supply for priority users in case of electricity shortage, except for cases of potential risk to safety of humans, electric equipment, or electricity systems.

5. A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed on Electricity-distributing units committing one of the following acts of violation:

a) Failing to provide electricity-using customers, electricity-retailing units, and electricity-wholesaling units the electricity distribution services which have satisfied standards, technical regulations issued by the competent state agencies, service quality and safety according to contracts, except for cases where electricity distribution grids are overloaded as confirmed by electricity-regulating agencies or authorized agencies;

b) Providing inaccurate information, affecting safety, causing damage to electricity distributing activities;

c) Failing to invest in communication, SCADA/EMS, electricity measurement systems as prescribed;

d) Failing to maintain normal operation of invested communication, SCADA/EMS systems as prescribed.

6. A fine of between VND 100,000,000 and VND 120,000,000 shall be imposed on Electricity-distributing units committing one of the following acts of violation:

a) Arbitrarily discharging load or power sources; reducing electricity generation in contravention of plans approved by competent agencies;

b) Arbitrarily using electricity works beyond the management to supply electricity for other electricity-using customers;

c) Approving connection to load, power sources causing overload to the line, high voltage transformer substations, and ultra-high transformer substations in normal operational conditions, unless otherwise approved by the competent state agencies;

d) Suspending electricity supply due to technical errors as a result of violating the operational procedures or untested, uninspected equipment as prescribed.

7. Remedial measures:

a) Forcible testing and inspection of electricity measuring devices and replacement of instruments that fail to satisfy standards and technical regulations issued by the competent state agencies for violations specified at Point c and Point d Clause 4 of this Article;

b) Forcible investment and maintenance of normal operation of communication devices, SCADA/EMS, electricity measuring devices for violations specified at Point c and Point d Clause 5 of this Article.”.

13. To amend and supplement Article 10 as follows:

“Article 10. Violation of regulation on power purchase

1. A fine of between VND 50,000,000 and VND 60,000,000 shall be imposed on Electricity-wholesaling units selling electricity with the price which is not prescribed by the competent agencies.

2. A fine of between VND 100,000,000 and VND 120,000,000 shall be imposed on Electricity-generating units, Electricity-wholesaling units, and Electricity-retailing units purchasing electricity under the power purchase contracts that do not comply with the law on power purchase contracts with a definite term.

3. A fine of between VND 120,000,000 and VND 150,000,000 shall be imposed on Electricity-generating units, Electricity-wholesaling units, and Electricity-retailing units purchasing electricity with units that do not obtain an Electricity operation license.

4. A fine of between VND 150,000,000 and VND 180,000,000 shall be imposed on Electricity-wholesaling units importing or exporting electricity without the competent state agencies’ permission.

5. Remedial measures:

a) Forcible refund of illicit profits earned through the commission of administrative violations that are the difference gained from selling electricity at a price higher than the prescribed price (including all costs incurred from the violations) to the victims for violations specified in Clause 1 of this Article. In case of unable to be determined the victims, such difference shall be transferred to the state budget;

b) Forcible refund of illicit profits earned through the commission of administrative violations for forfeiture into the state budget, for violations specified in Clause 3 and Clause 4 of this Article.”.

14. To amend and supplement Article 11 as follows:

“Article 11. Violation of regulations on electricity retailing

1. A fine of between VND 500,000 and VND 1,000,000 shall be imposed for the act of failing to publicly post at electricity trading locations the law provisions on electricity price tables, procedures for electricity supply, measurement, counting, inscription of meter figures, electricity charge collection and termination of electricity services, suspending and reducing electricity supply, electric safety instructions.

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

a) Repeating violations specified in Clause 1 of this Article;

b) Posting incorrect electricity retailing price as prescribed.

3. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed for the act of preventing persons on duty in inspecting, examining the electricity purchase.

4. A fine of between VND 10,000,000 and VND 30,000,000 shall be imposed on Electricity-retailing units committing one of the following acts of violation:

a) Failing to sign power purchase contracts after 7 business days from the date the electricity buyers who buying electricity for domestic purposes fully satisfy requirements as prescribed and negotiate details in the draft contracts without a legitimate reason;

b) Using electricity measuring devices that have not yet been inspected as prescribed or those that have been inspected but fail to satisfy standards and technical regulations issued by competent state agencies for electricity measuring devices applicable to electricity distribution grids;

5. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for the act of taking advantage of the occupation to harass electricity-using customers for personal gain.

6. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed on Electricity-retailing units committing one of the following acts of violation:

a) Failing to sign power purchase contracts for non-domestic purposes after 7 business days from the date the electricity buyers fully satisfy requirements and negotiate details in the draft contracts without a legitimate reason;

b) Selling electricity without power purchase contracts with electricity-using customers.

7. A fine of between VND 50,000,000 and VND 60,000,000 shall be imposed on Electricity-retailing units committing one of the following acts of violation:

a) Selling electricity at a price not regulated by the competent agencies;

b) Failing to exercise the right to suspend or reduce electricity supply; failing to notify or failing to comply with the notice according to the Regulations on procedures for suspending, reducing electricity supply promulgated by the Ministry of Industry and Trade;

8. A fine of between VND 120,000,000 and VND 150,000,000 shall be imposed on Electricity-retailing units buying electricity from electricity units that do not obtain an Electricity operation license.

9. A fine of between VND 150,000,000 and VND 180,000,000 shall be imposed on Electricity-wholesaling units exporting or importing electricity without the competent state agencies’ permission.

10. Remedial measures:

a) Forcible refund of illicit profits earned from selling electricity at a price higher than the prescribed price (including all costs incurred from the violations) to the victims who suffer losses or whose objects have been misappropriated, for violations specified at Point a Clause 7 of this Article. In case the victims is unable to be determinedd, such illicit profits shall be transferred to the state budget;

b) Forcible inspection of electricity measuring devices and replacement of instruments that fail to satisfy standards and technical regulations issued by the competent state agencies for violations specified at Point b Clause 4 of this Article;

c) Forcible refund of illicit profits earned through the commission of administrative violations to the state budget for violations specified in Clause 5 and Clause 9 of this Article.”.

15. To amend and supplement Article 12 as follows:

“Article 12. Violation of regulations on electricity use

1. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed for the act of preventing competent persons from inspecting the electricity use.

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

a) Accidentally causing error in electricity system of the electricity sellers;

b) Arbitrarily supplying electricity to other organizations and individuals.

3. A fine of between VND 5,000,000 and VND 8,000,000 shall be imposed for the act of installing, closing, opening, repairing, relocating, or replacing electric equipment and electricity works of the electricity sellers.

4. A fine of between VND 8,000,000 and VND 10,000,000 shall be imposed for the act of arbitrarily closing the circuit when electricity works of the electricity buyers have not been commissioned or during the period of suspending electricity supply as a result of violation of the law.

5. A fine of between VND 10,000,000 and VND 14,000,000 shall be imposed for one of the following acts of violation:

a) Damaging or relocating arbitrarily electricity measuring system (including meter protection boxes, seals, and electrical wiring diagrams);

b) Using equipment for the purpose of interfering and damaging data transmission equipment, measuring instruments, or protection equipment of electricity systems.

6. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed on landlords charging tenants at a higher rate than the prescribed one in case of purchasing electricity according to the electricity retailing price for domestic, production, business, and service purposes.

7. A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed on big electricity-using customers committing one of the following acts of violation:

a) Failing to use electricity according to the request of National electric system dispatching units when the system’s capacity is limited; failing to take measures for ensuring voltage standards as agreed upon in power purchase contracts;

b) Using electrical appliances and connected equipment failing to satisfy standards and technical regulations issued by competent state agencies to connect to the national electricity grids;

c) Failing to follow operation orders of National electric system dispatching units;

d) Failing to cut electricity or reducing electricity use at the electricity sellers’ requests due to force majeure;

dd) Failing to invest in communication, SCADA/EMS, electricity measurement systems as prescribed;

e) Failing to maintain normal operation of invested communication systems, SCADA/EMS/DMS, and electricity measuring devices as prescribed.

8. The following fines shall be imposed for the act of electricity stealing in any form:

a) A fine of between VND 4,000,000 and VND 10,000,000 shall be imposed for the act of electricity stealing with the total stolen electricity value less than VND 1,000,000;

b) A fine of between VND 10,000,000 ands VND 20,000,000 shall be imposed for the act of electricity stealing with the total stolen electricity value from VND 1,000,000 to less than VND 2,000,000.

9. Upon discovering the act of electricity theft with the total stolen electricity value of VND 2,000,000 or higher, the competent persons currently receiving the case must transfer the case file to competent criminal procedure-conducting agencies for examination for penal liability in accordance with Clause 1, Clause 2, and Clause 4 Article 62 of the Law on Handling of Administrative Violations. In case the criminal procedure-conducting agencies issue decisions not to institute a criminal case, decisions to cancel decisions to institute criminal cases, decisions to stop investigation or decisions to stop criminal cases, decisions to cease a criminal case against the accused or exempt penal liability according to a court judgment, if the act of violation shows a sign of administrative violation, transfer the case files to persons competent to sanction administrative violations under Clause 3 Article 62 and Article 63 of the Law on Handling of Administrative Violations in order to sanction administrative violations according to the fine levels specified at Point b Clause 8 of this Article.

10. Additional sanctions:

Confiscation of material evidences and means of administrative violations for violations specified in Clause 5, Point b Clause 7, Clause 8, and Clause 9 of this Article.

11. Remedial measures:

a) Forcible restoration of the original state for violations specified in Clause 3 and Clause 5 of this Article;

b) Forcible refund of illicit profits earned through by commission of the administrative violations (including all costs incurred from the violation) to return to the victims who suffer losses or whose objects have been misappropriated for violations specified at Point a Clause 5, Clause 6, Clause 8, and Clause 9 of this Article. In case the victim is unable to be determined, the difference gained from selling at a higher rate than the prescribed one shall be transferred to the state budget for violations specified in Clause 6 of this Article;

c) Forcible use of equipment fully satisfying the standards and technical regulations issued by the competent state agencies for violations specified at Point b Clause 7 of this Article;

d) Forcible investment and maintenance of normal operation of communication devices, SCADA/EMS, electricity measuring devices for violations specified at Point dd and Point e Clause 7 of this Article.”.

16. To amend Article 13 as follows:

“Article 13. Violation of regulations on electric system regulation

1. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed on National electric system dispatching units failing to regulate the electricity system in accordance with relevant procedures and regulations without a legitimate reason but have not yet caused any incident to the electricity system.

2. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed on Electricity-generating units, Electricity-transmitting units failing to report to National electric system dispatching units of incidents, abnormal working conditions of equipment that can potentially cause the power plants’ or electricity transmission grids’ suspension from operation.

3. A fine of between VND 50,000,000 and VND 60,000,000 shall be imposed on National electric system dispatching units committing one of the following acts of violation:

a) Regulating the electricity system in contravention of the approved operating plans, causing incidents along electricity system without a legitimate reason;

b) Violating the Operating procedures of national electric system promulgated by the Ministry of Industry and Trade, causing incidents along the electricity grid;

c) Failing to comply with the Incident response procedures of national electric system promulgated by the Ministry of Industry and Trade, causing the incident to affect a larger scale;

d) Contributing capital to Electricity-generating units; purchasing shares of Electricity-generating units.

4. A fine of between VND 50,000,000 and VND 60,000,000 shall be imposed on Electricity-distributing units committing one of the following acts of violation:

a) Failing to follow dispatch orders of the National electric system dispatching units according to the Dispatching procedures of national electrical promulgated by the Ministry of Industry and Trade, except for the cases where the execution of dispatch orders will pose risk to humans and equipment;

b) Failing to comply with the Operating procedures of national electric system and Operating procedures of equipment promulgated by the Ministry of Industry and Trade, causing incidents along electricity distribution grids;

c) Failing to follow the Incident response procedures of national electric system promulgated by the Ministry of Industry and Trade, causing the incident to affect a larger scale.

5. A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed on Electricity-generating units and Electricity-transmitting units committing one of the following acts of violation:

a) Failing to follow dispatch orders of the National electric system dispatching units according to the Dispatching procedures of national electrical promulgated by the Ministry of Industry and Trade, except for cases where the execution of dispatch orders will pose risk to humans and equipment;

b) Failing to comply with the Operating procedures of national electric system, Black start procedures, Incident response procedures of national electric system, Electricity restoration procedures of national electric system, Operating procedures of equipment and other relevant procedures, regulations promulgated by the Ministry of Industry and Trade, causing incidents within the power plants or electricity transmission grids.

6. Remedial measures:

Forcible sale of contributed or purchased capital of Electricity-generating units for violations specified at Point d Clause 3 of this Article.”.

17. To amend and supplement Article 14 as follows:

“Article 14. Violation of regulations on electricity market

1. A fine of between VND 40,000,000 and VND 60,000,000 shall be imposed on Electricity transmission units failing to provide information on repair plans of electricity transmission grids to National electric system dispatching units, Electricity market transaction-administering units within the time limit according to the Regulations on competitive electricity market and Regulations on electricity transmission system promulgated by the Ministry of Industry and Trade.

2. A fine of between VND 40,000,000 and VND 60,000,000 shall be imposed on Electricity-generating units committing one of the following acts of violation:

a) Failing to compile and send application dossiers for participation in electricity market according to the Regulations on competitive electricity market promulgated by the Ministry of Industry and Trade;

b) Failing to invest in connection system of electricity market according to the Regulations on competitive electricity market promulgated by the Ministry of Industry and Trade.

3. A fine of between VND 60,000,000 and VND 80,000,000 shall be imposed on Electricity market transaction-administering units committing one of the following acts of violation:

a) Violating regulations on information disclosure under the Regulations on competitive electricity market promulgated by the Ministry of Industry and Trade;

b) Using input parameters and data in making annual electric system operating plans without obtaining the competent state agencies’ permission according to the Regulations on competitive electricity market promulgated by the Ministry of Industry and Trade.

4. A fine of between VND 60,000,000 to VND 80,000,000 shall be imposed on electricity-wholesaling units committing one of the following acts of violation:

a) Failing to provide information or providing accurate information to make annual electric system operating plans and monthly, weekly electric system capacity mobilization schedules or settle disputes and handles violations in electricity market according to the Regulations on competitive electricity market promulgated by the Ministry of Industry and Trade;

b) Failing to comply with the order and procedures for appraising and approving power purchase agreements.

5. A fine of between VND 80,000,000 and VND 100,000,000 shall be imposed on Electricity market transaction-administering units, Electric system operating units committing one of the following acts of violation:

a) Violating regulations on information confidentiality specified in the Regulations on competitive electricity market promulgated by the Ministry of Industry and Trade;

b) Providing information serving supervision of electricity market, settlement of disputes, and handling of violation in electricity market in an inadequate or untimely manner according to the Regulations on competitive electricity market, Regulations on electricity market supervision, and Regulations on dispute settlement and violation handling promulgated by the Ministry of Industry and Trade;

c) Violating the order, procedures and methods of calculating annual power output for Electricity-generating units according to the Regulations on competitive electricity market and Regulations on sample power purchase agreement promulgated by the Ministry of Industry and Trade;

d) Losing data for compilation of electricity payment dossiers traded on the market during storage period according to the Regulations on competitive electricity market promulgated by the Ministry of Industry and Trade.

6. A fine of between VND 100,000,000 and VND 120,000,000 shall be imposed on Electricity-transmitting units failing to provide accurate information to make annual electric system operating plans and monthly, weekly electric system mobilization schedules according to the Regulations on competitive electricity market and Regulations on transmission electricity system promulgated by the Ministry of Industry and Trade.

7. A fine of between VND 100,000,000 and VND 120,000,000 shall be imposed on Generating units committing one of the following acts of violation:

a) Failing to provide information or providing inaccurate information to make annual electric system operating plans and monthly, weekly electric system capacity mobilization schedules or settle disputes and handle violations in electricity market according to the Regulations on competitive electricity market promulgated by the Ministry of Industry and Trade;

b) Agreeing with other Electricity-generating units on offers to have mobilization schedules prepared;

c) Directly or indirectly agreeing with other units in restricting or controlling offered capacity on the market to increase the price on the spot market and thereby affecting electricity supply security;

d) Agreeing with Electricity market transaction-administering units on offers to have mobilization schedules prepared in contravetion of regulations.

8. A fine of between VND 160,000,000 and VND 180,000,000 shall be imposed on Electricity market transaction-administering units, Electric system operating units committing one of the following acts of violation:

a) Interfering with the electricity market operation without complying with the Regulations on competitive electricity market and Regulations on transmission electricity system promulgated by the Ministry of Industry and Trade;

b) Failing to comply with regulations on execution of mobilization schedules of electric generator sets under Regulations on electricity transmission system promulgated by the Ministry of Industry and Trade;

c) Failing to comply with regulations on preparation of mobilization schedules of electric generator sets under Regulations on competitive electricity market and Regulations on electricity transmission system promulgated by the Ministry of Industry and Trade;

d) Negotiating with Electricity-generating units on offers to have mobilization schedules of electric generator sets of Electricity-generating units prepared in contravention of Regulations on competitive electricity market promulgated by the Ministry of Industry and Trade.

9. Remedial measures:

Forcible refund of illicit profits earned through the commission of administrative violations which are the money gained from the offers (including all costs incurred from the violations) forfeiture into the state budget for violations specified at Point b, Point c, and Point d Clause 7, and Point d Clause 8 of this Article.”.

18. To amend and supplement Article 15 as follows:

“Article 15. Violation of regulations on electric safety

1. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed for the act of obstructing others from performing their official duties.

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

a) Entering electrical substations or climbing a power pole when not on duty;

b) Planting trees or leaving trees violates the safe distance from overhead electricity lines and electrical substations;

c) Install TV antennas, clotheslines, scaffolding, signs, and advertising light boxes in locations where they can fall or collide with electricity grid;

d) Flying a kite or any object causing incidents along electricity grid;

dd) Failing to properly and adequately take safety measures before doing work on non-energized parts of the electric system;

e) Cutting or pruning trees to ensure the safety of the high-voltage electricity grid without notifying the management organization or tree owner according to regulations;

g) Obstructing the unit managing and operating the high-voltage electricity grid from inspecting or repairing damage to electrical substations and electricity transmission lines.

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

a) Using any components of electricity grid for other purposes without agreeing with units managing the operation of electricity grid;

b) Pouring, backfilling, and arranging materials, supplies, and equipment under the conductors of overhead electricity transmission lines and leaving the distance from the conductors to the materials, supplies, and equipment less than the electricity discharge safety distance according to the voltage grades;

c) Using any parts of dwelling houses or works, which are allowed to exist in the overhead electricity transmission line safety protection corridors for other purposes, which may encroach upon the electricity discharge safety distance according to the voltage grades;

d) Building or renovating houses, works situated within overhead electricity transmission line safety protection corridors without agreement or complying with existing agreements with units managing the operation of the electricity transmission lines to ensure safety in construction and renovation of houses, works;

dd) Loading goods, raw materials, planting trees, anchoring ships within the underground electric cable safety protection corridor;

e) Building houses or works interfering with entrances or air-ventilating holes of electrical substations, power plants;

g) Failing to properly take adequate construction measures when working with work items and equipment along electric system, except for violations specified at Point dd Clause 2 of this Article;

h) Failing to make list of electric equipment and instruments subject to inspection for monitor and management according to the Regulations on safety technical inspection of electric equipment and instruments;

i) Connecting, stealing electricity from a customer's meter to use this electricity as a source of electricity for another household;

k) Arbitrarily connecting or stealing electricity of a customer’s meter for purposes other than those specified in the signed contracts;

l) Arbitrarily repairing, replacing, maintaining, or altering circuits approved in the power purchase agreements before completing training courses regarding electrical engineering, civil electricity, and electric safety;

m) Causing explosions, fires, burning forests for farming, making the operation of the electricity grid unsafety.

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

a) Building works into the ground or dredging rivers, lakes, or ponds within underground electric cable safety protection corridor without informing units managing the operation of the cables;

b) Failing to install safety signs or signboards, warning signs with incorrect models for electricity transmission lines, electrical substations, and power plants according to the Regulations on electricity safety;

c) Cutting down and letting trees fall into the electricity grid;

d) Building houses or works on the underground electric cable safety protection corridor;

dd) Failing to obtain work slip or work order when performing work that must be done according to the work slip or work order;

e) Failing to retain work slip and work order as prescribed;

g) Failing to adequately and properly comply with work slip and work order;

h) Failing to properly take sufficient safety measures before conducting work close to electricity-carrying parts on electricity system;

i) Failing to take sufficient safety measures prior to working with electricity-carrying parts on electric system;

k) Failing to have sufficient technical design, construction drawing design, as-built dossiers, and other technical documents as prescribed by the law on construction and transfer to the managing and operating units;

l) Failing to carry out inspection and adjustment of each part and the entire system of equipment in the electricity generation, transmission and distribution technology line to ensure compliance with the standards and technical regulations issued by the competent state agency, parameters specified in the approved design.

5. A fine of between VND 60,000,000 and VND 70,000,000 shall be imposed for one of the following acts of violation:

a) Digging or driving piles into the underground electric cable safety protection corridor;

b) Operating equipment, instrument, or vehicles or conducting other activities that may encroach upon electricity discharge safety distance according to the voltage grades;

c) Dismantling any component of electricity grid or power plant when not being assigned to do so;

d) Throwing any object and causing damage to electricity grid or power plant or causing incident to electricity grid or power plant;

dd) Employing electricity to trap, capture animals or to use as direct protective measures in contravention of law;

e) Failing to issue sufficient procedures and regulations on electric safety as prescribed;

g) Failing to take sufficient safety measures when working by work slip or work order and thereby causing incidents or accidents;

h) Employing or hiring persons not yet been trained in terms of electricity or electric safety, or not yet been granted with electric safety card, inspector card to manage operation, repair electricity grid, power plant, or conduct technical safety inspection of electric equipment and instruments;

i) Letting electricity transmission lines pass through residential areas, places where people often gather or carrying loads exceeding the prescribed standards;

k) Failing to have standards and technical regulations on electric safety issued by competent state agencies;

l) Failing to have procedures, regulations, and methods of organizing the implementation of regulations on electric safety at workplace and enterprises on the basis of standards and technical regulations on electric safety issued by competent state agencies;

m) Failing to make dossiers, information sheets, and technical documents relating to electric equipment and managing organizations as prescribed;

n) Failing to make statistics, monitor electricity-related incidents and violations of high-voltage electricity grid safety protection corridors under their management, and report the state management agencies of electricity operations and electricity use in localities.

6. A fine of between VND 70,000,000 and VND 80,000,000 shall be imposed for one of the following acts of violation:

a) Designing, installing, and putting into use of electricity grid or power plant which does not satisfy regulations on electrical engineering and electric safety;

b) Failing to inspect and examine lightning-arresting and earthed system of power plant, electrical substations, and electricity transmission lines;

c) Storing or placing combustible, explosive, or corrosive substances within electricity grid safety protection corridors;

d) Failing to conduct technical safety inspection for electric equipment and instruments as prescribed;

dd) Conducting technical safety inspection for electric equipment and instruments without a Certificate of registration for electric equipment and instrument inspection, or with an invalid one;

e) Conducting technical safety inspection of electric equipment and instrument in excess of the scope stipulated in the Certificate of registration for electric equipment and instrument inspection;

g) Failing to dismantle, recall structures of electricity grid and return the premise within 6 months from the date the electricity grid is separated from the electric system.

7. A fine of between VND 90,000,000 and VND 100,000,000 shall be imposed for one of the following acts of violation:

a) Digging and causing subsidence, tilt, or collapse of poles of electricity transmission lines or equipment of transformer stations, power plants;

b) Blasting causes damage to any part of electricity grid or power plant;

c) Using construction vehicles causes shock and damage to the electricity grid or power plant.

8. Additional sanctions:

Confiscation of material evidences and means of administrative violations, for violations specified in Clause 3; Point a, Point c, and Point d Clause 4; Points a, b, c, d, and dd Clause 5; Point c Clause 6; Point a and Point c Clause 7 of this Article.

9. Remedial measures:

a) Forcible restoration of the original state for violations specified at Point b and Point c Clause 2; Clause 3; Point c and Point d Clause 4; Point a, Point c, Point d, and Point i Clause 5; Point c Clause 6 and Clause 7 of this Article;

b) Forcible refund of illicit profits earned through the commission of administrative violation which are the profits gained from the inspection activities for forfeiture into the state budget for violations specified at Point dd and Point e Clause 6 of this Article.”.

19. To repeal the title of section 2 “Section 2. Safety of hydroelectric dam safety” in Chapter II.

20. To amend and supplement Article 16 as follows:

“Article 16. Violation of regulations on management and operation of hydroelectric dams and reservoirs

1. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the act of failing to register safety of hydroelectric dams and reservoirs according to the law on dam safety management; failing to organize development and storage of construction completion dossiers before commissioning and putting the works into use.

2. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the act of failing to have or organize implementation or comply with operational procedures of equipment and maintenance procedures of each hydroelectric work item and dam.

3. A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed for the act of failing to report current conditions of hydroelectric dam and reservoir safety to the competent state agencies.

4. A fine of between VND 70,000,000 and VND 90,000,000 shall be imposed for one of the following acts of violation:

a) Failing to maintain hydroelectric dams and equipment installed at hydroelectric dams as prescribed;

b) Failing to prepare human resources, supplies, materials, equipment, and necessities required for natural disaster response to ensure hydroelectricity safety and downstream areas and emergency response according to the approved plans;

c) Operating in contravention of the contents specified in the operation permit regarding hydroelectric dam and reservoir protection, except for cases where reservoir water surface is used for aquaculture, tourism, or entertainment purposes without the state management agencies’ written approval and being administratively sanctioned in the fields of water resources, natural resources or irrigation work operation and protection;

d) Failing to inspect and assess safety of dams and reservoirs;

dd) Failing to develop database on hydroelectric dams and reservoirs;

e) Failing to have backup power source or having a backup power source that cannot be used to operate the valves of the spillway.

5. A fine of between VND 90,000,000 and VND 100,000,000 shall be imposed for one of the following acts of violation:

a) Failing to inspect hydroelectric dams as prescribed;

b) Conducting unlicensed operations within the protected area of dams and reservoirs must have a license;

c) Failing to have operational procedures of hydroelectric dams or failing to review and revise operational procedures or failing to comply with operational procedures approved by competent agencies;

d) Failing to comply with the procedures and methods of closing, opening valves of water discharge structures according to the Regulations applicable to reservoirs and non-overflow dams.

6. Additional sanctions:

Suspension from electrical operation from 6 to 12 months for violations specified at Point a and Point c Clause 5 of this Article.”.

21. To amend and supplement Article 17 as follows:

“Article 17. Violation of regulations on safety assurance of hydroelectric dams and downstream areas

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

a) Failing to make natural disaster response plans for dams and downstream areas for the authorities competent to approve during construction process; failing to implement or failing to properly implement the natural disaster response plan for dams and downstream areas approved by competent authorities as prescribed;

b) Failing to make, approve, and implement natural disaster response plans during the operation of hydroelectric dams and reservoirs as prescribed.

2. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for one of the following acts of violation:

a) Failing to make or failing to implement the natural disaster response plans during operation or failing to review and approve annual natural disaster response plans during operation;

b) Failing to install or failing to annually review and install additional warning systems in downstream areas;

c) Failing to install signs or warnings about the scope of hydroelectric projects or warning buoys in the lake bed to protect the upstream of the dam;

d) Failing to organize inspection, or send reports to the state management agencies, or reporting incorrectly on activities within the protection scope of dams and hydroelectric reservoirs owned and managed.

3. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for one of the following acts of violation:

a) Failing to maintain communication and reports with the Steering Committee for Natural Disaster Prevention and Control and the competent state management agencies as prescribed;

b) Failing to warn and notify residents and local authorities in advance about hydroelectric reservoir flooding;

c) Failing to make or implement or improperly implementing a plan to respond to emergency situations of dams and hydroelectric reservoirs approved by competent state management agencies;

d) Failing to prepare or implement or improperly implementing a hydroelectric dam protection plan approved by a competent state management agency;

dd) Failing to prepare or implement or improperly implementing emergency response plans or failing to review, adjust or supplement emergency response plans and submit them to competent authorities for annual approval according to regulations;

e) Failing to develop a plan to place boundary markers to determine the hydroelectric dam's protection scope; failing to organize the placement of boundary markers and management of boundary markers; failing to hand over the boundary markers to the commune-level People's Committee where the dam is built for management;

g) Failing to develop plans to protect dams and hydroelectric reservoirs and submit them to competent authorities for approval according to regulations.

4. A fine of between VND 50,000,000 and VND 70,000,000 shall be imposed for one of the following acts of violation:

a) Failing to develop annual emergency response plans or annual plans to review, adjust, supplement to respond to emergency situations and submit them to competent state agencies for approval;

b) Failing to install operational monitoring systems, information equipment, and safety warnings for the dam and its downstream areas.

5. Remedial measures:

a) Forcible additional installation of warning systems of downstream areas for violations specified at Point b Clause 2 of this Article;

b) Forcible addition of signs, warning the scope of hydroelectric projects, warning buoys in the lake bed and the upstream protection scope of the dam for violations at Point c, Clause 2 of this Article;

c) Forcible installation of operation monitoring system, information equipment, and safety warning for dams and downstream areas for violations specified at Point b Clause 4 of Article.”.

22. To amend and supplement Article 18 as follows:

“Article 18. Violation of regulations on safety assurance of buffer zones of hydroelectric dams

1. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of anchoring ships, boats, rafts, or rafts to hydroelectric dams or shoulders of hydroelectric dams, except for vessels serving inspection, maintenance, or repair of hydroelectric dams.

2. Additional sanctions:

Confiscation of instruments of administrative violations for violations specified in Clause 1 of this Article.”.

23. To repeal the title of section 3 “Section 3. Economical and efficient use of energy” in Chapter II.

24. To amend and supplement Article 19 as follows:

“Article 19. Violation of major energy users regarding energy auditing

1. A caution shall be imposed for the act of failing to fully implement the contents of the audit report according to the prescribed form.

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

a) Failing to take remedial measures at request of competent state agencies;

b) Failing to comply with energy use reporting regime as prescribed.

3. A fine of between VND 50,000,000 and VND 60,000,000 shall be imposed for the act of failing to perform energy auditing.”.

25. To amend, supplement and repeal a number of clauses of Article 20 as follows:

a) To repeal Clause 4;

b) To amend and supplement Clause 5 as follows:

“5. Remedial measures:

a) Forcible cancelation of energy auditor certificates and announcement of the list of violating certificates for violations specified at Point b, Point c, and Point d Clause 1, Clause 2 of this Article;

b) Forcible refund of illicit profits earned through by the administrative violations to learners (including all costs incurred from the violation) for violations specified at Point b, Point c, and Point d Clause 1, Clause 2 of this Article; in case learners cannot be determined, the illicit profits shall be transferred to state budget;

c) Forcible revocation of the issued energy auditor certificates for violations specified in Clause 3 of this Article.”.

26. To amend a number of clauses of Article 21 as follows:

a) To amend Clause 2 as follows:

“2. A fine of between VND 15,000,000 and VND 30,000,000 shall be imposed on major energy users that self-conduct energy auditing or hire ineligible energy auditing organizations to conduct energy auditing (lacking energy auditors issued with energy auditor certificates or lacking technical equipment, instruments required for energy auditing operation).”;

b) To amend Clause 4 as follows:

“4. Additional sanctions:

Deprivation of the right to use the energy auditor certificates from 6 to 12 months for violations specified at Point b Clause 1 of this Article.”.

27. To amend and supplement Article 22 as follows:

“Article 22. Violation of regulations on economical and efficient use of energy in industrial manufacturing

A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the act of failing to implement technical regulations, energy use norms, energy management measures and mandatory economical and efficient energy use technologies applied in design, construction, installation, and operation of equipment to save energy.”.

28. To amend, supplement and repeal a number of clauses of Article 23 as follows:

a) To repeal Clause 3;

b) To amend and supplement Clause 4 as follows:

“4. Remedial measures:

Forcible removal of electric generator sets according to the roadmap regulated by the competent state agencies for violations specified in Clause 1 and Clause 2 of this Article.”.

29. To amend Clause 4 Article 24 as follows:

“4. Remedial measures:

Forcible use of lighting equipment which satisfies technical regulations on economical and efficient use of energy in public lighting for violations specified in Clause 2 and Clause 3 of this Article.”.

30. To amend Clause 2 Article 25 as follows:

“2. Remedial measures:

Forcible compliance with regulations on energy use norms and technical regulations in design, construction, and use of construction materials to save energy for violations specified in this Article.”.

31. To amend and supplement Article 26 as follows:

“Article 26. Violation of regulation on economical and efficient use of energy applicable to organizations and enterprises engaged in transport operations

1. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for the act of using means of transport included in the List of devices and equipment subject to elimination.

2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of failing to make reports on fuel and energy use as precribed.

3. A fine of between VND 30,000,000 and VND 50,000,000 shall be imposed for the act of manufacturing equipment or means of transports that do not comply with technical regulations and energy use norms regarding economical and efficient use of energy in manufacturing equipment or means of transports.

4. A fine of between VND 90,000,000 and VND 100,000,000 shall be imposed for the act of importing equipment or means of transport that do not comply with technical regulations and energy use norms regarding economical and efficient use of energy applicable to equipment or means of transports.

5. Remedial measures:

a) Forcible termination of circulation of equipment and means of transport for violations specified in Clause 1 of this Article;

b) Forcible re-export of imported equipment and means of transport for violations specified in Clause 4 of this Article;

c) Forcible destruction of imported equipment and means of transport for violations specified in Clause 4 of this Article, in case the re-export measure specified at Point b of this Clause cannot be implemented.”.

32. To amend and supplement Clause 3 Article 27 as follows:

“3. Remedial measures:

Forcible termination of circulation of equipment, machinery, and means for violations specified in this Article.”.

33. To amend, supplement and repeal a number of clauses of Article 28 as follows:

a) To repeal Clause 3;

b) To amend and supplement Clause 4 as follows:

“4. Remedial measures:

a) Forcible revocation of the issued certificate of completion of energy management training course for violations specified at Point b, Point c, and Point d Clause 1 of this Article;

b) Forcible refund of illicit profits earned through by the administrative violations to learners (including all costs incurred from the violation) for violations specified at Point b, Point c, and Point d Clause 1, Clause 2 of this Article; in case learners cannot be determined, the illicit profits shall be transferred to state budget;

c) Forcible revocation of the issued certificate of energy management for violations specified in Clause 2 of this Article.”.

34. To amend and supplement Article 29 as follows:

“Article 29. Violation of regulations on energy management

1. Caution shall be imposed for one of the following acts of violation:

a) Heads of major energy users which fail to fully implement contents off the energy management model applicable to the major energy users;

b) Heads of state budget-funded organizations which fail to fully comply with regulations on management and economical, efficient use of energy, including: failing to develop and send annual plan on economical and efficient use of energy to state agencies managing energy in localities; violating regulations on reporting regime on energy use, failing to formulate regulations on energy saving in facilities, agencies, and units; failing to comply with the list of energy-efficient devices and equipment issued by the competent agencies in procurement and installation of energy-consuming devices and equipment.

2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of failing to assign or assigning eligible persons to act as energy managers.

3. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the act of failing to make annual and 5-year plans on economical and efficient use of energy; failing to comply with the reporting regime as prescribed and failing to make reports on annual and 5-year plan implementation results.

4. Additional sanctions:

Deprivation of the right to use the certificate of energy managers from 6 to 12 months for violations specified in Clause 3 of this Article.”.

35. To amend and supplement Article 30 as follows:

“Article 30. Violation of regulations on energy labeling and use of energy labels

1. The act of failing to attach energy label on equipment and devices subject to energy labeling shall be sanctioned as follows:

a) A caution shall be imposed in case of first-time violation;

b) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the act of failing to attach energy labels on equipment and devices subject to energy labeling in case of repeated violations.

2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of failing make report or failing to truthfully send reports on quantity and type of equipment and devices subject to energy labeling, that are manufactured, imported, sold, and distributed, to the competent state agencies.

3. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for one of the following violations of regulations on improper use of energy labels:

a) Attaching energy labels to means, equipment or packages of inappropriate sizes;

b) Changing the size of the energy label to increase or decrease out of proportion;

c) Obscuring or confusing the information recorded on the energy labels.

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

a) Failing to announce energy use norms of equipment and devices;

b) Continuing to attach energy labels on equipment or devices without making re-announcement in case of any change to energy performance standards announced by competent authorities.

5. A fine of between VND 30,000,000 and VND 40,000,000 shall be imposed for one of the following acts of violation:

a) Failing to provide information or providing inaccurate information on energy use norms on energy labels according to the dossiers of announcing energy use norms of equipment and devices (including product distribution business on technical platforms);

b) Propagandizing and advertising provide information about energy efficiency that is not true about the energy consumption of energy-consuming equipment and devices (including product distribution business on technical platforms).

6. A fine of between VND 50,000,000 and VND 60,000,000 shall be imposed on applying energy labels to equipment and devices in contravention of the dossiers of disclosing energy use norms or applying energy labels to equipment and devices without disclosing energy labeling.

7. Additional sanctions:

Suspension of energy labeling operation from 4 to 6 months for violations specified in Clause 4 of this Article.

8. Remedial measures:

a) Forcible removal of elements of violations on devices, equipment, or packages for violations specified in Clause 2 and Clause 3 of this Article;

b) Forcible recall of products bearing energy labels for violations specified in Clause 6 of this Article.”.

36. To amend Clause 2 Article 31 as follows:

“2. Remedial measures:

a) Forcible revocation of issued certificates and test results for violations specified in Clause 1 of this Article;

b) Forcible refund of illicit profits earned through by the administrative violations (including all costs incurred from the violation) to the victims for violations specified in Clause 1 of this Article. In case the victim is unable to be determined, the illicit profits shall be transferred to the state budget.”.

37. To amend and supplement Article 32 as follows:

“Article 32. Violation of regulations on Lists of equipment and devices subject to energy labeling and minimum energy efficiency standards and the implementation roadmap

1. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for the violation of regulations on minimum energy efficiency in manufacturing, import, trading, or distribution of energy-consuming equipment and devices under the List of equipment and devices subject to energy labeling.

2. A fine of between VND 50,000,000 and VND 60,000,000 shall be imposed for the act of manufacturing or importing energy-consuming equipment or devices under the List of equipment and devices subject to elimination.

3. Additional sanctions:

Confiscation of material evidences, devices and means of administrative violations for violations specified in Clause 1 and Clause 2 of this Article.

4. Remedial measures:

a) Forcible re-export of imported devices and equipment for violations specified in Clause 2 of this Article;

b) Forcible destruction of imported equipment and devices for violations specified in Clause 2 of this Article if the forcible re-export measure specified at Point b of this Clause cannot be implemented.”.

38. To amend and supplement Chapter III as follows:

“Chapter III

COMPETENCE TO MAKE WRITTEN RECORDS AND SANCTION ADMINISTRATIVE VIOLATIONS

Article 33. Competence to make written records of administrative violations

1. Persons competent to handle administrative violations are specified in Articles 34 thru 37 of this Decree.

2. Servicemen of the People’s Army or People’s Public Security Force, civil servants and public employees in specialized agencies in charge of state management in electricity, economical and efficient use of energy , who are on duty.

Article 34. Competence of Chairpersons of People’s Committees of all levels

Chairpersons of People’s Committees of all levels are competent to handle administrative violations occurring within their management, specifically:

1. Commune-level Chairpersons of People’s Committees may sanction violations specified in Clause 1 Article 6; Clause 1 thru Clause 3 Article 11; Clause 1, Clause 2 Article 12; Clause 1 Article 15 of this Decree;

a) Impose caution;

b) Impose a fine of up to VND 5,000,000 on individual violators and up to VND 10,000,000 on institutional violators;

2. District-level Chairpersons of People’s Committees may sanction violations specified in Clause 1 Article 6; Clause 1, 2 Article 9; from Clause 1 thru Clause 7 Article 11; Clause 1 thru Clause 6 and Clause 8 Article 12; Clause 1 thru Clause 4 Article 15; Clause 1, Clause 2 Article 16; Article 18; Clause 1, Clause 2 Article 19; Clause 1, Clause 2 Article 20; Article 21; Article 22; Article 24; Article 25; Clause 1 thru Clause 3 Article 26; Article 27; Article 28; Article 29; Clauses 1, 4, and 5 Article 30 and Article 31 of this Decree:

a) Impose caution;

b) Impose a fine of up to VND 50,000,000 on individual violators and up to VND 100,000,000 on institutional violators;

c) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

d) Deprive of the right to use certificates for a definite term;

dd) Suspend energy labeling activity for a definite term;

e) Take remedial measures for violations within the sanctioning competence.

3. District-level Chairpersons of People’s Committees may sanction violations specified in Article 5; Article 6; Clause 1, 2, 3 Article 9; Clause 1 Article 10; Article 11; Article 12 and Articles 15 thru 32 of this Decree:

a) Impose caution;

b) Impose a fine of up to VND 100,000,000 on individual violators and up to VND 200,000,000 on institutional violators;

c) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

d) Deprive of the right to use certificates for a definite term;

dd) Suspend electricity-related activities, or suspend energy labeling activity for a definite term;

e) Take remedial measures for violations within the sanctioning competence.

Article 35. Competence of inspectorates

1. Inspectors and persons assigned to perform specialized inspection tasks in the fields of electricity, economical and efficient use of energy, who are on duty may impose caution for violations specified in Clause 1 Article 19, Clause 1 Article 29, and Point a Clause 1 Article 30 of this Decree.

2. Chief Inspectors of provincial-level Departments of Industry and Trade, Heads of provincial-level specialized inspection teams and Heads of specialized inspection teams of state management agencies assigned to perform specialized inspection in the fields of electricity, economical and efficient use of energy may impose sanction for violations specified in Clause 1 thru Clause 3 Article 5; Clause 1, Clause 2 Article 6; Clause 1 thru Clause 5 Article 9; Clause 1 thru Clause 7 Article 11; Clause 1 thru Clause 6 and Clause 8 Article 12; Clause 1 thru Clause 4 Article 15; Clause 1, Clause 2 Article 16; Clause 1 through Clause 3 Article 17; Article 18; Clause 1, Clause 2 Article 19; Clause 1, Clause 2 Article 20; Article 21; Article 22; Article 24; Article 25; Clause 1 thru Clause 3 Article 26; Article 27; Article 28; Article 29; Clause 1 thru Clause 5 Article 30; Article 31; Clause 1 Article 32 of this Decree:

a) Impose caution;

b) Impose a fine of up to VND 50,000,000 on individual violators and up to VND 100,000,000 on institutional violators;

c) Confiscate material evidences of administrative violations or means used for commission of administrative violations with a value of not exceeding VND 100,000,000;

d) Deprive of the right to use certificates for a definite term;

dd) Suspend energy labeling activity for a definite term;

e) Take remedial measures for violations within the sanctioning competence.

3. Chief Inspectors of provincial-level Departments of Construction may sanction violations specified at Point d and Point e Clause 2, Point d Clause 3 Article 15, Article 24, Article 25 of this Decree within their management:

a) Impose a fine of up to VND 50,000,000 on individual violators and up to VND 100,000,000 on institutional violators;

b) Confiscate material evidences of administrative violations or means used for commission of administrative violations with a value of not exceeding VND 100,000,000;

e) Take remedial measures for violations within the sanctioning competence.

4. Chief Inspectors of provincial-level Departments of Transport may impose sanction for violations specified in Article 26 of this Decree within their management:

a) Impose a fine of up to VND 50,000,000 on individual violators and up to VND 100,000,000 on institutional violators;

b) Take remedial measures for violations within the sanctioning competence.

5. Heads of ministerial-level specialized inspection teams of state management agencies in the fields of electricity, economical and efficient use of energy may sanction violations specified in Clause 1 thru Clause 4 Article 5; Clause 1 thru Clause 4 Article 6; Clause 1, Clause 2 Article 7; Clause 1 thru Clause 3 Article 8; Article 9; Clause 1, Clause 2 Article 10; Clause 1 thru Clause 7 Article 11; Clause 1 thru Clause 8 Article 12; Clause 1 thru Clause 4 Article 13; Clause 1 thru Clause 7 Article 14; Clause 1 thru Clause 5 Article 15; Clause 1 thru Clause 3 Article 16; Article 17 thru Article 22; Clause 1 Article 23; Article 24; Article 25; Clause 1 thru Clause 3 Article 26; Article 27 thru Article 32 of this Decree:

a) Impose caution;

b) Impose a fine of up to VND 70,000,000 on individual violators and up to VND 140,000,000 on institutional violators;

c) Confiscation of material evidences of administrative violations or means used for commission of administrative violations with a value of not exceeding VND 140,000,000;

d) Deprive of the right to use certificates for a definite term;

dd) Suspend energy labeling activity for a definite term;

e) Take remedial measures for violations within the sanctioning competence.

6. Chief Inspector of the Ministry of Industry and Trade may sanction administrative violations on a nationwide scale:

a) Impose caution;

b) Impose a fine of up to VND 100,000,000 on individual violators and up to VND 200,000,000 on institutional violators;

c) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

d) Deprive of the right to use certificates for a definite term; suspend electricity-related activities or suspend energy labeling activity for a definite term;

dd) Take remedial measures for violations within the sanctioning competence.

7. Chief Inspector of the Ministry of Construction may sanction violations specified at Point d and Point e Clause 3, Point d Clause 4 Article 15; Article 24; Article 25 of this Decree within their management:

a) Impose a fine of up to VND 100,000,000 on individual violators and up to VND 200,000,000 on institutional violators;

b) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

c) Take remedial measures for violations within the sanctioning competence.

8. Chief Inspector of the Ministry of Transport may sanction violations specified in Article 26 of this Decree within their management:

a) Impose a fine of up to VND 100,000,000 on individual violators and up to VND 200,000,000 on institutional violators;

b) Take remedial measures for violations within the sanctioning competence.

9. Director of the Electricity Regulatory Authority may sanction violations specified in Article 5 and Article 7 thru Article 14 of this Decree on a nationwide scale:

a) Impose a fine of up to VND 100,000,000 on individual violators and up to VND 200,000,000 on institutional violators;

b) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

c) Take remedial measures for violations within the sanctioning competence.

10. The Director of the Industrial Safety Techniques and Environment Agency may sanction violations specified in Article 15 thru Article 18 of this Decree on a nationwide scale:

a) Impose a fine of up to VND 100,000,000 on individual violators and up to VND 200,000,000 on institutional violators;

b) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

c) Suspend electricity-related activities for a definite term;

d) Take remedial measures for violations within the sanctioning competence.

Article 36. Competence of the Public Security Force

The following persons, upon detecting violations specified in this Decree within their management, may:

1. Chiefs of district-level police stations may sanction violations specified in Clause 1 Article 6; Clause 3 Article 11; Clause 1 Article 12; Clause 1, Point a and Point d Clause 2; Point a, Point b, Point dd and Point m Clause 3 Article 15 of this Decree:

a) Impose a fine of up to VND 20,000,000 on individual violators and up to VND 40,000,000 on institutional violators;

b) Confiscate material evidences of administrative violations or means used for commission of administrative violations with a value of not exceeding VND 40,000,000;

c) Take remedial measures for violations within the sanctioning competence.

2. Directors of provincial-level Police Departments may sanction violations specified in Clause 1 Article 6, Clause 3 Article 11; Clause 1 Article 12; Clause 1, Point a and Point d Clause 2, Point a, Point b, Point dd and Point m Clause 3, Point a and Point c Clause 4 Article 15; Article 18 of this Decree:

a) Impose a fine of up to VND 50,000,000 on individual violators and up to VND 100,000,000 on institutional violators;

b) Confiscation of material evidences of administrative violations or means used for commission of administrative violations;

c) Take remedial measures for violations within the sanctioning competence.

3. Director of Economic Security Department, Director of Police Department for Administrative Management of Social Order may sanction violations specified in Article 18 of this Decree on a nationwide scale:

a) Impose a fine of up to VND 100,000,000 on individual violators and up to VND 200,000,000 on institutional violators;

b) Confiscation of material evidences of administrative violations or means used for commission of administrative violations.

Article 37. Competence of Market Management Force

1. Market controllers who are on duty may impose caution for violations specified at Point a Clause 1 Article 30 of this Decree.

2. Heads of Market Surveillance Teams and Heads of Professional Divisions affiliated to the Market Surveillance Professional Department may sanction violations specified in Clause 1 thru Clause 3 Article 30 and Clause 1 Article 32 of this Decree:

a) Impose caution;

b) Impose a fine of up to VND 25,000,000 on individual violators and up to VND 50,000,000 on institutional violators;

c) Confiscate material evidences of administrative violations or means used for commission of administrative violations with a value of not exceeding VND 50,000,000;

d) Take remedial measures for violations within the sanctioning competence.

3. Directors of provincial-level Market Surveillance Departments, Director of the Market Surveillance Professional Department may sanction violations specified in Clause 1 thru Clause 5 Article 30 and Clause 1 Article 32 of this Decree:

a) Impose caution;

b) Impose a fine of up to VND 50,000,000 on individual violators and up to VND 100,000,000 on institutional violators;

c) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

d) Suspend energy labeling activity for a definite term;

dd) Take remedial measures for violations within the sanctioning competence.

4. Director General of the Vietnam Directorate of Market Surveillance may sanction violations specified in Article 30 and Article 32 of this Decree:

a) Impose caution;

b) Impose a fine of up to VND 100,000,000 on individual violators and up to VND 200,000,000 on institutional violators;

c) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

d) Suspend energy labeling activity for a definite term;

dd) Take remedial measures for violations within the sanctioning competence.

Article 38. Notifying relevant agencies and organizations of administrative violation handling results

1. Persons competent to sanction administrative violations shall be responsible for notifying agencies that issue Electricity operation license in writing to consider revocation of Electricity operation license in accordance with Article 37 and Article 38 of the Law on Electricity when handling administrative violations specified at Point c Clause 4 and Point a Clause 5 Article 5 of this Decree.

2. Persons competent to sanction administrative violations shall be responsible for notifying the electricity seller to cease or reduce electricity supply in accordance with the law on electricity immediately after making written record for violations specified in Clause 8 and Clause 9 Article 12 of this Decree.

3. Persons competent to sanction administrative violations shall be responsible for notifying agencies that accredit laboratories in writing to remove name of violating laboratories from the List of laboratories qualified for conducting energy efficiency tests when handling violations specified in Clause 1 Article 31 of this Decree.

4. Persons competent to sanction administrative violations shall be responsible for notifying agencies, organizations which have transferred written record and violation dossiers in writing about violation handling results.”.

39. To amend the title of Article 46: “Article 39. Effect”

40. To change Article 47 to Article 40 as follows:

“Article 40. Implementation responsibility

1. The Ministry of Industry and Trade shall:

a) Organize the implementation of this Decree;

b) Provide regulations on methods of determining stolen electricity output and illicit profits generated by electricity theft in order to return to the victims and methods of organizing, implementing sanctioning forms and remedial measures for electricity theft.

2. Ministers, heads of ministerial-level agencies, heads of Government-attached agencies, Chairpersons of Provincial-level People’s Committees and centrally-run cities shall implement this Decree.”.

Article 3. Amending and supplementing a number of articles of the Government’s Decree No. 98/2020/ND-CP dated August 26, 2020, providing penalties on administrative violations in commercial activities, production of, trading in counterfeit or banned goods and protection of consumer rights

1. To amend, supplement a number of points and clauses of Article 4 as follows:

a) To add Point l after Point k Clause 3 as follows:

“l) Forcible return of business license that has been erased or edited to change the content to the competent agency or person that issued the license.”

b) To amend and supplement Clause 4 as follows:

“a) A maximum fine to be imposed in the commercial sector shall be VND 100,000,000 for individual violators and VND 200,000,000 for institutional violators; maximum fine to be imposed in the field of manufacturing and trading of counterfeit goods or prohibited goods and consumer’s right protection shall be VND 200,000,000 for individual violators and VND 400,000,000 for institutional violators;

b) Fine levels specified in Chapter II of this Decree are those applied to administrative violations committed by individual violators, except for administrative violations specified in Article 33, Article 35, Article 68, Article 70, Clauses 6, 7, 8, and 9 Article 73, Clauses 6, 7, and 8 Article 77 of this Decree. For organizations with the same acts of violation, the fine level shall be double the fine for individuals.”.

c) To add Clause 5 after Clause 4 as follows:

“5. The competence to impose fines of the titles specified in Chapter III of this Decree is that applied to one act of administrative violations committed by an individual violator; the competence to impose fines on organizations is twice the authority to impose fines on individuals.”.

2. To add Article 4a and Article 4b after Article 4 as follows:

“Article 4a. Regulations on completed administrative violations, in-progress administrative violations, and handling repeated administrative violations

1. Completed administrative violations and in-progress administrative violations shall be identified in accordance with the Government’s Decree No. 118/2021/ND-CP dated December 23, 2021, detailing a number of articles of, and measures to implement, the Law on Handling of Administrative Violations.

2. Handling repeated administrative violations:

a) Organizations and individuals which commit repeated administrative violations shall be applied aggravating circumstances which will then be used by persons competent to sanction administrative violations when issuing decisions on sanctioning administrative violations, except for cases specified at Point b of this Clause;

b) Organizations and individuals which commit repeated administrative violations which will be sanctioned according to the value, quantity, amount, or type of administrative violation material evidences and means under this Decree shall be sanctioned for each violation and persons competent to handle administrative violations for administrative violations shall not apply multiple aggravating circumstances when issuing sanctioning decisions for each administrative violation.

Article 4b. Execution of sanctioning forms, remedial measures, and determination of illicit profits earned through the commission of administrative violations

1. The execution of decisions on sanctioning administrative violations shall comply with Section 2 of Chapter III of the Second Part of the Law on Handling of Administrative Violations and the Government’s Decree No. 118/2021/ND-CP dated December 23, 2021, detailing a number of articles of, and measures to implement, the Law on Handling of Administrative Violations.

2. Other records, documents, files, or papers recording execution of sanctioning forms and remedial measures must be included in the dossiers on sanctioning of administrative violations in accordance with Article 57 of the Law on Handling of Administrative Violations.

3. Illicit profits earned through the commission of administrative violations according to this Decree mean objects, money, valuable papers, or other assets gained from the administrative violations committed by the violators. Such illicit profits shall be determined as follows:

a) Illicit monetary profit means the money generated by the violators from the administrative violations and equals the money generated from the transfer or consumption of violating goods, or provision of violating services after deducting direct costs of goods and services based on dossiers and documents proving legitimacy of those costs provided by the violators. In case of transferring or consuming prohibited goods, counterfeit goods, smuggled goods or providing conditional business services, the amount of illicit profits obtained in money is the entire amount of money the individual or organization obtained from the transfer, consumption of goods or provision of services;

b) Illicit profit in the form of valuable papers means all valuable papers that the violators gain from the administrative violations. If valuable papers have been transferred, the illicit profit shall equal the money gained at the time of transfer; if valuable papers have been dispersed or disposed, the illicit profit shall equal book value of institutions issuing the valuable papers at the time of dispersal or disposal;

c) Illicit profits that are objects or other assets gained by the violators from the administrative violations mean other assets according to the Civil Code.

In case objects or other assets are not prohibited goods, counterfeit goods, or smuggled goods and have been transferred, sold, or destroyed, the illicit profits shall equal the monetary equivalence of market value of the same assets or book value of the assets (if market value is unavailable) or monetary value of the assets written on the export declarations, import declarations (for exports, imports) of the violators after deducting direct costs of goods based on documents proving legitimacy of the costs.

In case other objects or assets are prohibited goods, counterfeit goods, or smuggled goods and have been transferred or sold, the illicit profits shall equal total money received by the violators when they make the transfer.”.

3. To amend, supplement and repeal a number of clauses of Article 6 as follows:

a) To repeal Clause 6.

b) To amend and supplement Clause 7 as follows:

“7. Remedial measures:

a) Forcible return of business licenses that have been erased or modified to change the content to the competent agency or person that issued the licenses for violations specified in Point a, Clause 1 of this Article;

b) Forcible refund of illicit profits earned through the commission of administrative violations specified at Point b Clause 1, Clause 2, Clause 3, and Clause 4 of this Article.

4. To amend and repeal a number of points of Clause 11 Article 8 as follows:

a) To amend Point c as follows:

“c) Confiscation of means of transport used for carrying prohibited goods for violations specified in this Article in case the quantity, weight, value, or illicit profits of prohibited goods are among those specified in Clause 6, Clause 7, and Clause 8 of this Article;”;

b) To repeal Point d.

5. To amend Point b Clause 3 Article 9 as follows:

 “b) Suspension of practice certificate or license from 3 to 6 months for violations specified at Point e Clause 1 of this Article.”.

6. To amend and repeal a number of points of Clause 3 Article 10 as follows:

a) To amend Point c as follows:

“c) Deprivation of the right to use the practice certificate or license, or suspension of the production activities from 12 to 24 months for violations specified at Point e Clause 1 of this Article.”;

b) To repeal Point d.

7. To amend Point b Clause 3 Article 11 as follows:

“b) Deprivation of the right to use the practice certificate or license from 1 to 3 months for violations specified at Point e Clause 1 of this Article.”.

8. To amend and repeal a number of points of Clause 3 Article 12 as follows:

a) To amend Point c as follows:

“c) Deprivation of the right to use the practice certificate or license or suspension of production activities from 03 to 06 months for violations specified at Point e Clause 1 of this Article.”;

b) To repeal Point d.

9. To amend Point b Clause 3 Article 13 as follows:

“b) Deprivation of the right to use the practice certificate or license from 1 to 3 months for violations specified at Point h Clause 1 of this Article.”.

10. To amend and repeal a number of points of Clause 3 Article 14 as follows:

a) To amend Point c as follows:

“c) Deprivation of the right to use the practice certificate or license or suspension of production activities from 3 to 6 months for violations specified at Point h Clause 1 of this Article.”;

b) To repeal Point d.

11. To amend Point b Clause 4 Article 15 as follows:

“b) Confiscation of means of transports used in violations, for violations specified in this Decree in case the material evidence is valued at VND 200,000,000 or more.”.

12. Repeal Point b Clause 3 Article 18.

13. To amend Point b Clause 3 Article 19 as follows:

“b) Deprivation of the right to use the tobacco trading license from 1 to 3 months for violations specified at Point d and Point dd Clause 2 of this Article.”.

14. To amend Point b Clause 2 Article 20 as follows:

“b) Deprivation of the right to use the tobacco trading license for 3 to 6 months for violations specified at Point dd thru Point k Clause 1 of this Article.”.

15. To amend Clause 3 Article 21 as follows:

“3. Additional sanctions:

Deprivation of the right to use the tobacco trading license from 1 to 3 months for violations specified from Point h thru Point o Clause 1 and Clause 2 of this Article.”.

16. To amend Point b Clause 2 Article 22 as follows:

 “b) Deprivation of the right to use the tobacco trading license from 1 to 3 months for violations specified at Point c, Point d, and Point dd Clause 1 of this Article.”.

17. To repeal Clause 1, Point a Clause 2 and Clause 2 Article 23.

18. To amend Clause 3 Article 26 as follows:

“3. Additional sanctions:

Deprivation of the right to use the liquor trading license from 1 to 3 months for violations specified at Point b Clause 1 of this Article.”.

19. To amend Clause 3 Article 27 as follows:

“3. Additional sanctions:

Deprivation of the right to use the liquor trading license from 1 to 3 months for violations specified at Point l Clause 1 of this Article.”.

20. To amend Clause 3 Article 28 as follows:

“3. Additional sanctions:

Deprivation of the right to use the liquor trading license from1 to 3 months for violations specified in Clause 1 and Clause 2 of this Article e in cases where the violating goods are valued at VND 50,000,000 or more.”.

21. To amend and supplement Article 30 as follows:

“Article 30. Other acts of violation related to trading in liquors and beers

1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for the act of failing to report or improperly reporting the production and trading of liquors with more than 5.5 percent alcohol by volume to the state agency competent to issue licenses as prescribed.

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

a) Selling liquors and beers using vending machines;

b) Employing persons under 18 years old in direct production or sale of liquors and beers.

3. Other violations according to the regulations on prevention and control of harms of liquor and beer abuse in terms of discount, sale, or supply of liquors and beers shall be sanctioned in accordance with Decree of the Government on sanctioning of administrative violations in the fields of medical sector.

4. Additional sanctions:

Confiscation of administrative violation material evidences and means for violations specified at Point a Clause 2 of this Article.

5. Remedial measures:

Forcible refund of illicit profits earned through the commission of administrative violations specified at Point a Clause 2 of this Article.”.

22. To amend Clause 6 Article 31 as follows:

“6. Additional sanctions:

a) Confiscation of material evidences for violations specified in this Article;

b) Deprivation of the right to use the certificates of eligibility for trading, business licenses, or practice certificates or suspension of the activities of trading violating goods from 6 to 12 months for violations specified in this Article.”.

23. To amend Point b Clause 4 Article 32 as follows:

“b) Deprivation of the right to use the business license or practice certificate from 3 to 6 months for violations specified in Clause 3 of this Article.”.

24. To amend, supplement and repeal a number of points and clauses of Article 33 as follows:

a) To add Clause 1a and Clause 1b before Clause 1 as follows:

 “1a. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for the act of reporting the results of promotion program to competent state agencies within 30 days from the last day of the report deadline.

1b. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for the act of reporting the results of promotion program to competent state agencies after 30 days or later from the last day of the report deadline.”;

b) To amend Point d Clause 1 as follows:

“d) Failing to inform competent state agencies about time and location where evidence to determine the prize winning of goods before issuing proof of prize-winning or failing to make records of issuance of proof of prize winning to goods when conducting promotions of chance in which evidence of prize winning is issued together with goods;”;

c) To add Point i Clause 1 as follows:

“i) Organize competitions or prizes that are not open to the public or not witnessed by customers’ representatives or without informing the provincial-level Department of Industry and Trade where the competitions and prizes are organized before such competitions and prizes take place when conducting promotion programs in form of selling goods or providing services together with entry form for customers in order to choose the winner according to announced methods and prizes with the total value of VND 100,000,000 or more.”;

d) To amend Point c and Point d Clause 2 as follows:

“c) Failing to notify, notify changes (hereinafter referred to as notify) or failing to register, register changes (hereinafter referred to as register) to competent state agencies when conducting promotion or notifying or registering untruthfully;

d) Failing to notify or report the promotion results as prescribed, or notifying or reporting in contravention of regulations (except for the cases specified in Clause 1a of this Article) or failing to accurately notify or report;”;

dd) To repeal Point c Clause 3, Clause 4, and Point b Clause 6.

25. To amend and supplement a number of clauses of Article 35 as follows:

a) To amend and supplement Clause 1 as follows:

“1. A fine of between VND 1,000,000 and VND 5,000,000 shall be imposed for one of the following acts of violation:

a) Untruthfully and inaccurately declaring contents of the dossiers when applying for organization of trade fairs and exhibitions;

b) Sending reports on results of trade fairs and exhibitions to competent state agencies within less than 30 days after the deadline.”;

b) To amend Point c and add Points d, dd, and e in Clause 2 as follows:

“c) Failing to publicly disclose and guarantee rights of traders participating in trade fairs and exhibitions when such trade fairs and exhibitions are subject to closure;

d) Failing to provide, or providing for traders participating in fairs and commercial exhibits with insufficient and inaccurate information relating the participation in trade fairs and exhibitions, and activities within the trade fairs and exhibitions’ framework in addition to displaying goods;

dd) Failing to provide, or providing insufficient and inaccurate information on displayed goods to organizers of trade fairs and exhibitions;

e) Sending reports on results of trade fairs and exhibitions to competent state agencies 30 days or later after the deadline.”;

c) To repeal Point Clause 3.

d) To add Point k Clause 4 as follows:

“k) Organizing trade fairs and exhibitions in Vietnam without satisfying, or fully satisfying the requirements and regulations on booths and services.”;

dd) To add Point g Clause 5 as follows:

“g) Using name or theme of trade fairs and exhibitions in Vietnam in contravention of tradition, ethics, or customs of Vietnam.”.

26. To amend Clause 4 Article 38 as follows:

“4. Remedial measures:

Forcible return of fabricated or erased, modified import permit or export permit to the competent agency or person granting the permit for violations specified in Clause 1 of this Article.”.

27. To add Point c after Point b Clause 7 Article 40 as follows:

“c) Forcible return of fabricated or erased, modified temporary import and re-export permit, temporary export and re-import permit to competent agencies and persons granting the permit for violations specified in Clause 1 of this Article.”.

28. To amend, supplement and repeal a number of points and clauses of Article 41 as follows:

a) To repeal Point b Clause 6 Article 41;

b) To amend and supplement Clause 7 as follows:

“7. Remedial measures:

a) Forcible return of fabricated or erased, modified goods transit permit to competent agencies or persons granting the permit for violations specified in Clause 1 of this Article;

b) Forcible bringing out of the territory of the Socialist Republic of Vietnam, or forcible re-export of goods, for violations specified in Clause 4 and Clause 5 of this Article.”.

29. To amend Point b Clause 6 Article 43 as follows:

“b) Deprivation of the right to use the certificate of eligibility for operating duty-free shops from 1 to 3 months for violations specified in Clause 4 and Clause 5 of this Article.”.

30. To amend and supplement Clause 6 Article 44 as follows:

“6. Remedial measures:

a) Forcible refund of illicit profits earned through the commission of administrative violations specified at Point a and Point b Clause 3, Clause 4 of this Article;

b) Forcible return of the erased or modified certificate of origin or documents of self-certification of origin to competent agencies and persons issuing certificates of origin or documents of self-certification of origin for violations specified in Clause 1 of this Article.”.

31. To amend Clause 4 Article 47 as follows:

“4. Additional sanctions:

Deprivation of the right to use the business license or practice certificate, or suspension of operation from 1 to 3 months for violations specified in Clause 3 of this Article.”.

32. To repeal Clause 7 Article 61.

33. To amend and supplement a number of points and clauses of Article 62 as follows:

a) To amend and supplement Point a Clause 1 as follows:

“a) Failing to add notification dossiers relating to e-commerce websites for sale that facilitate online ordering (hereinafter referred to as e-commerce websites for sale) or sale applications on mobile platform that facilitate online ordering (hereinafter referred to as sale applications);”;

b) To amend and supplement Point dd Clause 1 as follows:

“dd) Failing to disclose, or inadequately and inaccurately disclosing information on owners of the sales websites or applications; information on goods and services; information on number of certificate of eligibility for conducting business in case of goods and services that are required by the law to have certificate of eligibility for conducting business; information on prices; information on transport and delivery; information on general transaction conditions; and information on payment methods on the websites or applications;”;

c) To add Point g to Clause 1 as follows:

“g) Failing to provide information on business situations and make statistical reports on operation of the e-commerce websites or e-commerce applications within the time limit as prescribed or at request of competent state agencies.”.

d) To amend and supplement Point a Clause 3 as follows:

“a) Failing to notify e-commerce websites or sale applications to competent state agencies before selling goods or providing services for customers;”;

dd) To amend and supplement Clause 5 as follows:

“5. Additional sanctions:

Suspension of e-commerce operations from 6 to 12 months for violations specified at Points c and d Clause 3; Points d, dd, e, and g Clause 4 of this Article.”.

34. To amend and supplement a number of points and clauses of Article 63 as follows:

a) To amend and supplement Point a Clause 1 as follows:

“a) Failing to have a mechanism to allow customers to read and present consensus on general transaction conditions before sending request for concluding contract for using online order functions on shopping websites or sale applications;”;

b) To add Point c Clause 2 as follows:

“c) Providing information, or trading goods or services without satisfying business conditions or failing to satisfy the law on trading such goods and services on the internet.”;

c) To amend Point dd Clause 3 as follows:

“dd) Failing to store information on transactions or data on each payment transaction made via the e-commerce website in accordance with the accounting law;”.

35. To amend and supplement a number of points and clauses of Article 64 as follows:

a) To amend Point a Clause 1 as follows:

“a) Failing to publicize on the websites that provide e-commerce services or applications that provide e-commerce services procedures for receipt and responsibilities for handling customers’ complaints and mechanisms of settling disputes relating to contracts concluded online via the promotion websites or e-commerce service applications;”;

b) To add Point dd to Clause 1 as follows:

“dd) Failing to display Vietnamese transliterations or Latin characters with foreign sellers' proper names on websites providing e-commerce services or e-commerce service applications.”;

c) To add Point dd to Clause 2 as follows:

“dd) Providing inaccurate or false information in the application dossiers for establishment of websites providing e-commerce services or e-commerce service applications submitted to competent state agencies.”;

d) To add Point g and Point h after Point e Clause 3 as follows:

“g) Providing e-commerce services inconsistent with the application dossiers for establishment of websites providing e-commerce services or e-commerce service applications certified by competent state agencies;

h) Failing to comply with the procedures under the application dossiers for establishment of websites providing e-commerce services or e-commerce service applications certified by competent state agencies.”.

dd) To amend Point b Clause 5 as follows:

“b) Failing to assist competent state agencies in investigating, handling business activities violating the law, and settling disputes and complaints on the websites providing e-commerce services or e-commerce service applications;”;

36. To amend a number of points and clauses of Article 65 as follows:

a) To amend Point a and Point b Clause 1 as follows:

“a) Developing customer personal information protection policies in contravention of regulations;

b) Failing to develop or publicly display customer personal information protection policies on homepage of the websites providing e-commerce services or e-commerce service applications.”;

b) To amend Point a Clause 2 as follows:

“a) Failing to clearly display customer personal information protection policies or the link to customer personal information protection policies at the time on which the consumers' information is collected;”;

c) To amend and supplement Point c Clause 3 as follows:

“c) Failing to disclose privacy policies for payment information of customers on the e-commerce websites or e-commerce applications that facilitate online payment.”;

d) To amend Clause as follows 5 as follows:

“5. Additional sanctions:

Suspension of e-commerce activities from 3 to 6 months for violations specified in Clause 4 of this Article.”.

37. To amend and supplement a number of points and clauses of Article 66 as follows:

a) To amend Point a Clause 3 as follows:

“a) Failing to providing assessment, supervision and certification services in e-commerce in accordance with the application dossiers;”;

b) To add Point c after Point b Clause 3 as follows:

“c) Failing to publicly announce regulations, or announcing regulations with information different from that in the application dossiers for provision of e-commerce certification service certified by the competent state management agencies.”;

c) To amend Point a Clause 4 as follows:

“a) Providing assessment, supervision, or certification service in e-commerce without obtaining certification for the registration as prescribed;”;

d) To amend and supplement Point d Clause 4 as follows:

“d) Failing to provide e-commerce certification service in accordance with the operation schemes in the application dossiers for provision of e-contract certification service certified by the competent state management agencies;”

dd) To amend Point a Clause 6 as follows:

“a) Suspension of e-commerce authentication service froms 6 to 12 months for violations specified at Point b Clause 4 and Point a Clause 5 of this Article;”

38. To amend, supplement and repeal a number of points and clauses of Article 67 as follows:

a) To repeal Point a Clause 5;

b) To amend and supplement Clause 6 as follows:

“6. Remedial measures:

a) Forcible return of the license for representative office establishment which has been fabricated or erased or modified to competent agency or person issuing the license for violations specified at Point dd Clause 2 of this Article;

b) Forcible return of illicit profits earned through the commission of violations specified at Point e Clause 3 of this Article.”.

39. To amend and supplement Article 68 as follows:

“Article 68. Violations regarding establishment and operation of representative offices of foreign trade promotion organizations in Vietnam (hereinafter referred to as offices)

1. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for the act of submitting reports on the office operations to competent state agencies less than 30 days after the prescribed deadline.

2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for the act of submitting reports on the office operations to competent state at agencies at least 30 days after the deadline.

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

a) Untruthfully and inaccurately declaring information in the application dossiers for issuance, modification, re-issuance, or extension of the licenses for office establishment;

b) Failing to publicly announce the operation of offices in Vietnam after having the license for office establishment issued, re-issued, modified, or extended as prescribed;

c) Failing to carry out procedures for modifying license for office establishment within the time limit when changing heads of the office; changing location of the office’s headquarter; changing name or operation of licensed office; changing headquarter location of the foreign trade promotion organization; changing name or the registration country registered for establishment of a foreign trade promotion organization or changing the operation of the foreign trade promotion organization;

d) Fabricating, erasing or modifying the issued license for office establishment;

dd) Locating the office at a place other than the one written in the license for office establishment;

e) Subleasing the headquarter or performing the function of representing other foreign trade promotion organizations.

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

a) Failing to make reports, or failing to send reports within the time limit or failing to provide documents or explanation for issues relating to operation of the office at request of competent state agencies;

b) Operating in contravention of the contents stated in the license for office establishment;

c) The head of the office acts as head of another representative office of other foreign trader or organization in Vietnam;

d) Continuing operation after having the license for office establishment revoked by the licensing agency or expired and not yet extended;

dd) Continuing operation when the foreign trade promotion organization has terminated its operation.

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

a) Establishing representative office affiliated to another representative office of a foreign trade promotion organization in Vietnam;

b) Conducting activities relating to trade promotion in Vietnam without establishing an office in Vietnam according to regulations;

c) Illegally establishing an office in Vietnam;

d) Directly conducting activities in order to generate revenues in Vietnam.

6. Remedial measures:

a) Forcible return of the license for office establishment which has been fabricated or erased or modified to competent agency or person issuing the license for violations specified at Point d Clause 3 of this Article;

b) Forcible refund of illicit profits earned through the commission of administrative violations specified at Point e Clause 3 and Point d Clause 5 of this Article.”.

40. To amend, supplement and repeal a number of points and clauses of Article 69 as follows:

a) To repeal Point a Clause 5;

b) To amend and supplement Clause 6 as follows:

“6. Remedial measures:

a) Forcible return of the license for branch establishment which has been fabricated or erased or modified to competent agency or person issuing the license for violations specified at Point dd Clause 2 of this Article;

b) Forcible refund of illicit profits earned through the commission of administrative violations specified at Point dd Clause 3 and Clause 4 of this Article.”.

41. To amend and supplement a number of points and clauses of Article 73 as follows:

a) To amend and supplement Point b Clause 3 as follows:

“b) Providing false information about the benefits of participating in multi-level marketing, about the business's operations, about the features and uses of the goods, or providing information about food through the use of images, equipment, costumes, names, letters of medical units and facilities, doctors, pharmacists, medical staff, letters of thanks, thanks from patients, articles of doctors and pharmacists , medical staff or providing information about food with content posted, cited, quoted or commented on by patients describing foods that have therapeutic effects;”;

b) To replace the phrase “trader” with the phrase “enterprise” at Point i Clause 6; Point c, Point d, Point dd, Point n, and Point p Clause 7; Point d and Point e Clause 8;

c) To add Point t after Point s Clause 7 as follows:

“t) Failing to comply with the regulations on ensuring that at least 20% of the multi-level marketing revenues generated in a financial year comes from customers rather than multi-level marketing participants of an enterprise;”;

d) To replace the phrase “trader” with the phrase “enterprise” at Point i Clause 6; Point c, Point d, Point dd, Point n, and Point p Clause 7; Point d and Point e Clause 8;

dd) To amend Point e Clause 9 as follows:

“e) Providing false information, or causing confusion about functions, benefits of goods or operation of enterprises, or providing information on food by using images, equipment, outfits, name, newsletter of medical units and facilities, doctors, pharmacists, medical staff, thank-you notes, articles of doctors, pharmacists, medical staff, or providing information on food that includes uploaded, excerpted, cited, quoted or commented on by patients describing foods that have therapeutic effects;”;

42. To amend Point b Clause 5 Article 74 as follows:

“b) Suspension of operation from 1 to 3 months for violations specified in Clause 4 of this Article.”.

43. To amend and supplement Clause 2 Article 80 as follows:

“2. Persons of the People’s Army, the Public Security Forces, civil servants and public employees affiliated to agencies specified in Articles 81, 82, 83, 84, 85, 86, 87, and 87a of this Decree, who are on duty.”.

44. To amend and supplement Article 81 as follows:

“Article 81. Competence of Chairpersons of People’s Committees of all levels

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

a) Impose caution;

b) Impose fines of up to VND 5,000,000;

c) Confiscate material evidences of administrative violations or means used for commission of administrative violations with a value of not exceeding VND 10,000,000;

d) Apply the remedial measures specified at Point b Clause 3 Article 4 of this Decree.

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

a) Impose caution;

b) Impose a fine of up to VND 100,000,000 for violations specified in Section 2 and Section 9 Chapter II of this Decree; impose a fine of up to VND 50,000,000 for other violations specified in this Decree;

c) Deprive of the right to use the license or practice certificate for a definite term, or suspend the operation for a definite term;

d) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

dd) Apply the remedial measures specified at Points b, c, dd, e, g, h, i, k, and l Clause 3 Article 4 of this Decree.

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

a) Impose caution;

b) Impose fines of up to the maximum amount as prescribed by this Decree;

c) Deprive of the right to use the license or practice certificate for a definite term, or suspend the operation for a definite term;

d) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

dd) Take remedial measures specified in this Decree.”.

45. To amend and supplement Article 82 as follows:

“Article 82. Competence of Market Management Force

1. Market controllers who are on duty may:

a) Impose caution;

b) Impose fines of up to VND 500,000.

2. Heads of market surveillance teams and heads of professional divisions of the Market Surveillance Professional Department may:

a) Impose caution;

b) Impose fines of up to VND 25,000,000;

c) Confiscate material evidences of administrative violations or means used for commission of administrative violations with a value of not exceeding VND 50,000,000;

d) Take remedial measures specified in this Decree, except for those specified at Point a Clause 3 Article 4 of this Decree.

3. Directors of Provincial-level Market Surveillance Departments and the Director of the Market Surveillance Professional Department under the Vietnam Directorate of Market Surveillance may:

a) Impose caution;

b) Impose fines of up to VND 50,000,000;

c) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

d) Deprive of the right to use the license or practice certificate for a definite term, or suspend the operation for a definite term;

dd) Take remedial measures specified in this Decree.

4. The Director of Vietnam Directorate of Market Surveillance may:

a) Impose caution;

b) Impose fines of up to the maximum amount prescribed by this Decree;

c) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

d) Deprive of the right to use the license or practice certificate for a definite term, or suspend the operation for a definite term;

dd) Take remedial measures specified in this Decree.”.

46. To amend and supplement Article 83 as follows:

“Article 83. Competence of the Public Security Force

1. Policemen who are on duty may:

a) Impose caution;

b) Impose fines of up to VND 500,000.

2. Heads of company-level mobile police units, station chiefs and team heads of the persons specified in Clause 1 of this Article may:

a) Impose caution;

b) Impose fines of up to VND 1.500,000.

3. Chiefs of commune-level police stations, chiefs of police stations, chiefs of police offices of border gates, or export processing zones, heads of border-gate police offices of international airports, heads of mobile police battalions, and heads of marine squads may:

a) Impose caution;

b) Impose fines of up to VND 2.500,000;

c) Confiscate material evidences of administrative violations or means used for commission of administrative violations with a value of not exceeding VND 5,000,000;

d) Apply the remedial measures specified at Point b Clause 3 Article 4 of this Decree.

4. Chiefs of district-level police offices; heads of professional divisions of the Internal Political Security Department; heads of the professional divisions of the Police Department for Administrative Management of Social Order; heads of the professional divisions of the Traffic Police Department; heads of the professional divisions of the Department for Cyber Security and Hi-Tech Crime Prevention and Combat; heads of the professional divisions of the Immigration Department; and heads of divisions of provincial-level of Departments of Public Security, including heads of the Internal Political Security Divisions, heads of Police Divisions for Administrative Management of Social Order, heads of Police Divisions for Investigation of Corruption, Economic and Smuggling Crimes, heads of Police Divisions for Investigation of Drug-Related Crimes, heads of Traffic Police Divisions, heads of Road and Railway Traffic Police Divisions, heads of Road Traffic Police Divisions, heads of Waterways Police Divisions, heads of Mobile Police Divisions, heads of Police Divisions for Environmental Crime Prevention and Combat, heads of Cyber Security and Hi-Tech Crime Prevention and Combat Divisions, heads of Immigration Divisions, heads of Economic Security Divisions, heads of External Security Divisions, heads of Mobile Police Regiments, and heads of marine battalions may:

a) Impose caution;

b) Impose a fine of up to VND 25,000,000 for violations specified in Section 2 and Section 9 Chapter II of this Decree; impose a fine of up to VND 20,000,000 for other violations specified in this Decree;

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

d) Confiscate material evidences and means of administrative violations with the value of not exceeding VND 50,000,000 for violations specified in Section 2 and Section 9 Chapter II of this Decree; not exceeding VND 40,000,000 for other violations specified in this Decree;

dd) Apply the remedial measures specified at Points b, h, i, k, and l Clause 3 Article 4 of this Decree.

5. Directors of provincial-level Departments of Public Security may:

a) Impose caution;

b) Impose a fine of up to VND 100,000,000 for violations specified in Section 2 and Section 9 Chapter II of this Decree; impose a fine of up to VND 50,000,000 for other violations specified in this Decree;

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

d) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

dd) Apply the remedial measures specified at Points b, e, h, i, k, and l Clause 3 Article 4 of this Decree.

6. The Director of the Internal Political Security Department, Director of the Economic Security Department, Director of the Police Department for Administrative Management of Social Order, Director of Police Department for Investigation of Social Order-Related Crimes, Director of the Police Department for Investigation of Corruption, Economic and Smuggling Crimes, Director of the Police Department for Drug-Related Crimes, Director of the Traffic Police Department, Director of the Environmental Crime Prevention and Combat Police Department, Director of the Cyber Security and Hi-Tech Crime Prevention and Combat Department, Director of the Internal Security Department, Commander of the Mobile Police Department, and Director of the Immigration Management Department may:

a) Impose caution;

b) Impose fines of up to the maximum amount prescribed by this Decree;

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

d) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

dd) Apply the remedial measures specified at Points b, e, h, i, k, and l Clause 3 Article 4 of this Decree.”

47. To amend and supplement Article 84 as follows:

 “Article 84. Competence of customs

1. Customs officers on duty may:

a) Impose caution;

b) Impose fines of up to VND 500,000.

2. Heads of customs teams and squads of Customs Branches; heads of groups under customs control teams of provincial, inter-provincial or municipal Customs Departments; heads of customs teams of Post-Customs Clearance Inspection Branches may:

a) Impose caution;

b) Impose fines of up to VND 5,000,000.

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

a) Impose caution;

b) Impose fines of up to VND 25,000,000;

c) Confiscate material evidences of administrative violations or means used for commission of administrative violations with a value of not exceeding VND 50,000,000;

d) Apply the remedial measures specified at Points a, b, d, e, and l Clause 3 Article 4 of this Decree.

4. Director of Anti-smuggling Department, Director of Post-Customs Clearance Inspection Department affiliated to General Department of Customs, directors of provincial, inter-provincial and municipal Customs Departments may:

a) Impose caution;

b) Impose fines of up to VND 50,000,000;

c) Deprive of the right to use the license or practice certificate or suspend the operation temporarily;

d) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

dd) Apply the remedial measures specified at Points a, b, d, e, and l Clause 3 Article 4 of this Decree.

5. Director General of Customs may:

a) Impose caution;

b) Impose fines of up to the maximum amount prescribed by this Decree;

c) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

d) Apply the remedial measures specified at Points a, b, d, e, and l Clause 3 Article 4 of this Decree.”.

48. To amend and supplement Article 85 as follows:

“Article 85. Competence of Border Guards

1. Border Guard soldiers on duty may:

a) Impose caution;

b) Impose fines of up to VND 500,000.

2. Station chiefs or team commanders of those mentioned in Clause 1 of this Article may:

a) Impose caution;

b) Impose fines of up to VND 2,500,000.

3. Heads of drug and crime prevention and combat task force teams under drug and crime prevention and combat task force regiments may:

a) Impose caution;

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

c) Confiscation of material evidences of administrative violations or means used for commission of administrative violations with a value of not exceeding VND 20,000,000;

d) Apply the remedial measures specified at Point b Clause 3 Article 4 of this Decree.

4. Chiefs of border-guard stations, heads of border-guard flotillas, and commanders of commanding boards of port border-gate guards at ports may:

a) Impose caution;

b) Impose a fine of up to VND 25,000,000 for violations specified in Section 2 and Section 9 Chapter II of this Decree; impose a fine of up to VND 20,000,000 for other violations specified in this Decree;

c) Confiscate material evidences and means of administrative violations with a value of not exceeding VND 50,000,000 for violations specified in Section 2 Chapter II of this Decree; not exceeding VND 40,000,000 for other violations specified in this Decree;

d) Apply the remedial measures specified at Points a, b, and l Clause 3 Article 4 of this Decree.

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

a) Impose caution;

b) Impose a fine of up to VND 100,000,000 for violations specified in Section 2 Chapter II of this Decree; impose a fine of up to VND 50,000,000 for other violations specified in this Decree;

c) Confiscate material evidences and means of administrative violations with a value of not exceeding VND 200,000,000 for violations specified in Section 2 Chapter II of this Decree; not exceeding VND 100,000,000 for other violations specified in this Decree;

d) Apply the remedial measures specified at Points a, b, e, and l Clause 3 Article 4 of this Decree.

6. Commanders of provincial-level border guards; chiefs of border-guard fleets and the Director of the Drug and Crime Prevention and Combat Department under the Border-Guard High Command may:

a) Impose caution;

b) Impose fines of up to the maximum amount prescribed by this Decree;

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

d) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

dd) Apply the remedial measures specified at Points a, b, e, and l Clause 3 Article 4 of this Decree.”.

49. To amend and supplement Article 86 as follows:

 “Article 86. Competence of Vietnamese marine police

1. Members of the Vietnam marine police who are on duty may:

a) Impose caution;

b) Impose fines of up to VND 1,500,000.

2. Heads of professional operation teams of the Marine Police may:

a) Impose caution;

b) Impose fines of up to VND 5,000,000.

3. Heads of professional operation squads of the Marine Police and heads of marine police stations may:

a) Impose caution;

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

c) Apply the remedial measures specified at Point b Clause 3 Article 4 of this Decree.

4. Captains of Marine police flotillas may:

a) Impose caution;

b) Impose a fine of up to VND 25,000,000 for violations specified in Section 2 Chapter II of this Decree; impose a fine of up to VND 20,000,000 for other violations specified in this Decree;

c) Confiscate material evidences and means of administrative violations with a value of not exceeding VND 50,000,000 for violations specified in Section 2 Chapter II of this Decree; does not exceed VND 40,000,000 for other violations specified in this Decree;

d) Apply the remedial measures specified at Points a and b Clause 3 Article 4 of this Decree.

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

a) Impose caution;

b) Impose a fine of up to VND 50,000,000 for violations specified in Section 2 Chapter II of this Decree; impose a fine of up to VND 30,000,000 for other violations specified in this Decree;

c) Confiscate material evidences and means of administrative violations with a value of not exceeding VND 100,000,000 for violations specified in Section 2 Chapter II of this Decree; not exceeding VND 60,000,000 for other violations specified in this Decree;

d) Apply the remedial measures specified at Points a and b Clause 3 Article 4 of this Decree.

6. Coast Guard regional commanders, and the Director of the Professional and Legal Department of the High Command of the Vietnam Coast Guard may:

a) Impose caution;

b) Impose a fine of up to VND 100,000,000 for violations specified in Section 2 Chapter II of this Decree; impose a fine of up to VND 50,000,000 for other violations specified in this Decree;

c) Deprive of the right to use the license or practice certificate for a definite term;

d) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

dd) Apply the remedial measures specified at Points a and b Clause 3 Article 4 of this Decree.

7. The Vietnam Coast Guard Commander may:

a) Impose caution;

b) Impose fines of up to the maximum amount prescribed by this Decree;

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

d) Confiscation of material evidences of administrative violations or means used for commission of administrative violations;

dd) Apply the remedial measures specified at Points a and b Clause 3 Article 4 of this Decree.”.

50. To amend and supplement Article 87 as follows:

 “Article 87. Competence of inspectorates

1. Inspectors and persons assigned to perform specialized inspection tasks who are on duty may:

a) Impose caution;

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

c) Confiscate material evidences of administrative violations or means used for commission of administrative violations with a value of not exceeding VND 1,000,000;

d) Apply the remedial measures specified at Point b Clause 3 Article 4 of this Decree.

2. Chiefs of Inspectorates of provincial-level Departments; directors of regional Animal Health Sub-Departments and directors of regional Animal Quarantine Sub-Departments of the Department of Animal Health; directors of regional Plant Quarantine Sub-Departments of the Plant Protection Department; Director of the Central Agro-Forestry-Fisheries Quality Assurance Sub-Department and Director of the Southern Agro-Forestry-Fisheries Quality Assurance Sub-Department of the National Agro-Forestry-Fisheries Quality Assurance Department; directors of Food Safety and Hygiene Sub-Departments and directors of Population and Family Planning Sub-Departments of provincial-level Departments of Health; directors of Sub-Departments for Crop Production and Plant Protection, Livestock Production, Animal Health, Fisheries, Agro-Forestry-Fisheries Quality Assurance, Hydraulic Work, Dikes, Natural Disaster Prevention and Control, Forestry, and Agricultural Development of provincial-level Departments of Agriculture and Rural Development; directors of Sub-Departments for Standards, Metrology and Quality of provincial-level Departments of Science and Technology; Director of the Central Sub-Department for Goods and Product Quality Management and Director of the Southern Sub-Department for Goods and Product Quality Management of the Department for Goods and Product Quality Management; and holders of equivalent titles of agencies assigned to perform the function of specialized inspection who are vested by the Government with the sanctioning competence may:

a) Impose caution;

b) Impose fines of up to VND 50,000,000;

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

d) Confiscate material evidences of administrative violations or means used for commission of administrative violations with a value of not exceeding VND 100,000,000;

dd) Take remedial measures specified in this Decree.

3. The Director of the Department for Goods and Product Quality Management of the Directorate for Standards, Metrology and Quality; and holders of equivalent titles of agencies assigned to perform the function of specialized inspection who are vested by the Government with the sanctioning competence may:

a) Impose caution;

b) Impose a fine of up to VND 140,000,000 for violations specified in Section 2 and Section 9 Chapter II of this Decree; impose a fine of up to VND 70,000,000 for other violations specified in this Decree;

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

d) Confiscate material evidences and means of administrative violations with a value of not exceeding VND 280,000,000 for violations specified in Section 2 Chapter II of this Decree; not exceeding VND 140,000,000 for other violations specified in this Decree;

dd) Take remedial measures specified in this Decree.

4. Chiefs of Inspectorates of ministries and ministerial-level agencies, Director General of the Directorate for Standards, Metrology and Quality, Director General of the Vietnam Administration of Forestry, Director General of the Directorate of Fisheries; Director General of Geology and Minerals of Vietnam, Director General of the Vietnam Environment Administration, Director of the Department of Chemicals, Director of the Industrial Safety Techniques and Environment Agency, Director of the Electricity Regulatory Authority of Vietnam, Director General of the Vietnam Trade Promotion Agency, Director General of the Vietnam E-Commerce and Digital Economy Agency, Director of the Vietnam Railway Administration, Director of the Vietnam Inland Waterways Administration, Director of the Vietnam Maritime Administration, Director of the Civil Aviation Authority of Vietnam, Director of the Department of Animal Health, Director of the Plant Protection Department, Director of the Department of Crop Production, Director of the Department of Livestock Production, Director of the National Agro-Forestry-Fisheries Quality Assurance Department, Director of the Department of Cooperatives and Rural Development, Director General of the Authority of Radio Frequency Management, Director General of the Authority of Telecommunications, Director General of the Authority of Broadcasting and Electronic Information, Director General of the Authority of Press, Director General of the Authority of Publication, Printing and Distribution, Director of the Drug Administration of Vietnam, Director of the Medical Services Administration, Director of the Health Environment Management Agency, Director of the General Department of Preventive Medicine, Director of the Vietnam Food Administration, and holders of equivalent titles of agencies assigned to perform the function of specialized inspection who are vested by the Government with the sanctioning competence may:

a) Impose caution;

b) Impose fines of up to the maximum amount according to this Decree;

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

d) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

dd) Take remedial measures specified in this Decree.

5. Heads of ministerial-level specialized inspection teams have the sanctioning competence provided in Clause 3 of this Article.

Heads of specialized inspection teams of provincial-level departments and of state management agencies assigned to perform the function of specialized inspection have the sanctioning competence provided in Clause 2 of this Article.”.

51. To add Article 87a after Article 87:

“Article 87a. Competence of National Competition Committee

Chairperson of the National Competition Committee may:

1. Impose caution.

2. Impose fines of up to the maximum amount according to this Decree.

3. Deprive of the right to use the license or practice certificate for a definite term or suspend the operation for a definite term.

4. Confiscate material evidences of administrative violations or means used for commission of administrative violations.

5. Take remedial measures specified in Clause 3 Article 5 of this Decree.”.

52. To add Clause 6a after Clause 6 Article 88 as follows:

 “6a. Chairperson of the National Competition Committee may sanction administrative violations and take remedial measures for violations specified in Section 9 Chapter II and Article 73 of this Decree within the competence specified in Article 87a of this Decree and the assigned tasks, functions, and powers.”.

Article 4. Amending and supplementing a number of articles of the Government’s Decree No. 99/2020/ND-CP dated August 26, 2020, on sanctioning of administrative violations in the fields of petroleum and oil, gas trade

1. To add Point g after Point e Clause 3 Article 4 as follows:

“g) Forcible return of petrol and oil business license or gas business license which has been fabricated or erased or modified to competent agency or person issuing the license.”.

2. To add Article 4a and Article 4b after Article 4:

“Article 4a. Completed administrative violations, in-progress administrative violations, and sanctioning repeated administrative violations

1. Completed administrative violations and in-progress administrative violations shall be determined based on the Government’s Decree No. 118/2021/ND-CP dated December 23, 2021, detailing a number of articles of, and measures to implement, the Law on Handling of Administrative Violations.

2. Sanctioning repeated administrative violations:

a) Organizations and individuals which commit repeated administrative violations shall be applied aggravating circumstances which will then be used by persons competent to sanction administrative violations when issuing decisions on sanctioning administrative violations, except for the cases specified at Point b of this Clause;

b) For administrative violations sanctioned according to the value, quantity, amount, or type of material evidences or means as prescribed by this Decree, the violator shall be sanctioned for each violation and the person competent to sanction administrative violations shall not apply multiple aggravating circumstances when issuing a sanctioning decision for each administrative violation.

Article 4b. Execution of sanctioning forms, remedial measures, and determination of illicit profits earned through the commission of administrative violations

1. The execution of decisions on sanctioning administrative violations shall comply with Section 2, Chapter III, Part Two of the Law on Handling of Administrative Violations and the Government’s Decree No. 118/2021/ND-CP dated December 23, 2021, detailing a number of articles of, and measures to implement, the Law on Handling of Administrative Violations.

2. Records, documents, files, or other relevant papers recording execution of sanctioning forms, remedial measures must be included in the dossiers on sanctioning of administrative violations in accordance with Article 57 of the Law on Handling of Administrative Violations.

3. Illicit profits earned through the commission of administrative violations specified in this Decree mean articles, money, valuable papers, or other assets gained from the administrative violations committed by the violators and shall be determined as follows:

a) Illicit monetary profit means the money generated by the violators from the administrative violations which is calculated by the money generated from the transfer or consumption of violating goods, provision of violating services after deducting direct costs of goods and services based on dossiers and documents proving legitimacy of those costs provided by the violators. In case of transfer or consumption of prohibited goods, counterfeit goods, smuggled goods, or provision of services subject to conditional business conditions, the illicit monetary profit means all money generated from the transfer, consumption or provision of such goods or services;

b) Illicit profit in the form of valuable papers means all valuable papers gained by the violators from the administrative violations. In case the valuable papers have been transferred, the illicit profit shall equal the money actually gained at the time of transfer. In case the valuable papers have been dispersed or disposed, the illicit profit shall be determined according to the book value of institutions issuing the valuable papers at the time of dispersal or disposal;

c) Illicit profits that are objects or other assets gained by the violators from the administrative violations mean other assets as prescribed in the Civil Code.

In case objects or other assets are not prohibited goods, counterfeit goods, or smuggled goods and have been transferred, sold, or disposed, the illicit profits shall equal the monetary equivalence of market value of the same assets or book value of the assets (if market value is unavailable) or monetary value of the assets written on the export declarations, import declarations (for exports, imports) of the violators after deducting direct costs of goods based on documents proving legitimacy of the costs.

In case objects or other assets are prohibited goods, counterfeit goods, or smuggled goods and have been transferred or sold, the illicit profits shall equal the total money received by the violators when the transfer is carried out.”.

3. To amend, supplement and repeal a number of points and clauses of Article 20 as follows:

a) To repeal Point a Clause 6;

b) To amend and supplement Clause 7 as follows:

“7. Remedial measures:

a) Forcible return of petrol and oil business license which has been fabricated or erased or modified to competent agency or person issuing the license for violations specified in Clause 1 of this Article;

b) Forcible refund of illicit profits earned through the commission of administrative violations specified at Point a Clause 2, Clause 3, and Clause 4 of this Article.”.

4. To repeal Clause 5 Article 21.

5. To add Point c after Point b Clause 3 Article 24 as follows:

“c) Entering into petrol and oil retail franchise contracts with an ineligible petrol and oil retail franchisees as prescribed.”.

6. To supplement and repeal a number of points and clauses of Article 36 as follows:

a) To repeal Point a Clause 5;

b) Add Point d after Point c Clause 6 as follows:

“d) Forcible return of gas business license which has been fabricated or erased or modified to competent agency or person issuing the license for violations specified at Point b Clause 4 of this Article.”.

7. To supplement and repeal a number of points and clauses of Article 38 as follows:

a) To repeal Point a Clause 5;

b) To Add Point c after Point b Clause 6 as follows:

“c) Forcible return of gas business license which has been fabricated or erased or modified to competent agency or person issuing the license for violations specified at Point b Clause 2 of this Article.”.

8. To amend, supplement and repeal a number of points and clauses of Article 39 as follows:

a) To repeal Point a Clause 3;

b) To amend and supplement Clause 4 as follows:

“4. Remedial measures:

a) Forcible refund of illicit profits earned through the commission of administrative violations specified in Clause 2 of this Article;

b) Forcible return of gas business license which has been fabricated or erased or modified to competent agency or person issuing the license for violations specified at Point b Clause 2 of this Article.”.

9. To amend, supplement and repeal a number of points and clauses of Article 40 as follows:

a) To repeal Point a Clause 5;

b) To amend and supplement Clause 6 as follows:

“6. Remedial measures:

a) Forcible refund of illicit profits earned through the commission of administrative violations specified in Clause 2, Clause 3, and Clause 4 of this Article;

b) Forcible return of gas business license which has been fabricated or erased or modified to competent agency or person issuing the license for violations specified at Point a Clause 2 of this Article.”.

10. To amend, supplement and repeal a number of points and clauses of Article 42 as follows:

a) To repeal Point a Clause 4;

b) To amend and supplement Clause 5 as follows:

“5. Remedial measures:

a) Forcible refund of illicit profits earned through the commission of administrative violations specified at Point b and Point c Clause 2, Clause 3 of this Article;

b) Forcible return of gas business license which has been fabricated or erased or modified to competent agency or person issuing the license for violations specified at Point b Clause 2 of this Article.”.

11. To amend, supplement and repeal a number of points and clauses of Article 43 as follows:

a) To amend Point a Clause 3 as follows:

“a) Confiscation of material evidences of administrative violations for violations specified at Point a Clause 1 and Clause 2 of this Article;”;

b) To amend and supplement Clause 4 as follows:

“4. Remedial measures:

a) Forcible refund of illicit profits earned through the commission of administrative violations specified at Point dd Clause 1 and Clause 2 of this Article;

b) Forcible return of gas business license which has been fabricated or erased or modified to competent agency or person issuing the license for violations specified at Point d Clause 1 of this Article.”.

12. To repeal Point b Clause 5 Article 44, Point b Clause 4 Article 45, Point b Clause 4 Article 46, Point a Clause 5 Article 52, and Point b Clause 4 Article 53.

13. To amend and supplement Article 56 as follows:

“Article 56. Competence of Chairpersons of People’s Committees at all levels

1. Chairpersons of Commune-level People’s Committees may:

a) Impose a fine of up to VND 5,000,000 on individual violators and up to VND 10,000,000 on institutional violators;

b) Confiscate material evidences of administrative violations or means used for commission of administrative violations with a value of not exceeding VND 10,000,000;

c) Apply the remedial measures specified at Point a Clause 3 Article 4 of this Decree.

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

a) Impose a fine of up to VND 100,000,000 on individual violators and up to VND 200,000,000 on institutional violators for violations specified in Chapter II of this Decree; impose a fine of up to VND 50,000,000 on individual violators and up to VND 100,000,000 on institutional violators for other violations specified in this Decree;

b) Deprive of the right to use petrol and oil business license or gas business license for a definite term or suspend operation for a definite term;

c) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

d) Apply the remedial measures specified at Points a, c, d, dd, e, and g Clause 3 Article 4 of this Decree.

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

a) Impose fines of up to the maximum amount according to this Decree;

b) Deprive of the right to use petrol and oil business license or gas business license for a definite term or suspend operation for a definite term;

c) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

d) Take remedial measures specified in this Decree.”.

14. To amend and supplement Article 57 as follows:

“Article 56. Competence of the Public Security force

1. Policemen who are on duty may impose a fine of up to VND 500,000 on individual violators and up to VND 1,000,000 on institutional violators.

2. Heads of company-level mobile police units, station chiefs and team heads of the persons specified in Clause 1 of this Article may impose a fine of up to VND 1,500,000 on individual violators and up to VND 3,000,000 on institutional violators.

3. Chiefs of commune-level police offices, chiefs of police stations and chiefs of police offices of border gates or export processing zones, heads of border-gate police offices of international airports, heads of mobile police battalions, and heads of marine squads may:

a) Impose a fine of up to VND 2.500,000 on individual violators and up to VND 5,000,000 on institutional violators;

b) Confiscate material evidences of administrative violations or means used for commission of administrative violations with a value of not exceeding VND 5,000,000;

c) Apply the remedial measures specified at Point a Clause 3 Article 4 of this Decree.

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

a) Impose a fine of up to VND 25,000,000 on individual violators and up to VND 50,000,000 on institutional violators for violations specified in Chapter II of this Decree; a fine of up to VND 20,000,000 on individual violators and up to VND 40,000,000 on institutional violators for other violations specified in this Decree;

b) Deprive of the right to use petrol and oil business license or gas business license for a definite term or suspend operation for a definite term;

c) Confiscate material evidences and means of administrative violations with a value of not exceeding VND 50,000,000 for violations specified in Chapter II of this Decree and not exceeding VND 40,000,000 for other violations specified in this Decree;

d) Apply the remedial measures specified at Points a, dd, e, and g Clause 3 Article 4 of this Decree.

5. Directors of provincial-level Departments of Public Security may:

a) Impose a fine of up to VND 100,000,000 on individual violators and up to VND 200,000,000 on institutional violators for violations specified in Chapter II of this Decree; a fine of up to VND 50,000,000 on individual violators and up to VND 100,000,000 on institutional violators for other violations specified in this Decree;

b) Deprive of the right to use petrol and oil business license or gas business license for a definite term or suspend operation for a definite term;

c) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

d) Decide on application of the sanction of expulsion;

dd) Apply the remedial measures specified at Points a, d, dd, e, and g Clause 3 Article 4 of this Decree.

6. The Director of the Internal Political Security Department, Director of the Economic Security Department, Director of the Police Department for Administrative Management of Social Order, Director of Police Department for Investigation of Social Order-Related Crimes, Director of the Police Department for Investigation of Corruption, Economic and Smuggling Crimes, Director of the Police Department for Drug-Related Crimes, Director of the Traffic Police Department, Director of the Fire Prevention and Fighting, Salvage and Rescue Police Department, Director of the Environmental Crime Prevention and Combat Police Department, Director of the Cyber Security and Hi-Tech Crime Prevention and Combat Department, Director of the Internal Security Department, and Commander of the Mobile Police Department may:

a) Impose fines of up to the maximum amount according to this Decree;

b) Deprive of the right to use petrol and oil business license, gas business license for a definite term or suspend operation a definite term;

c) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

d) Apply the remedial measures specified at Points a, d, dd, e, and g Clause 3 Article 4 of this Decree.

7. The director of the Immigration Management Department may impose sanctions according to Clause 6 of this Article and may decide on application of the sanction of expulsion.”.

15. To amend and supplement Article 58 as follows:

“Article 58. Competence of border guards

1. Border-guard soldiers who are on duty may impose a fine of up to VND 500,000 for individual violators and up to VND 1,000,000 for institutional violators.

2. Station chiefs or team commanders of those mentioned in Clause 1 of this Article may impose a fine of up to VND 2,500,000 on individual violators and up to VND 5,000,000 for institutional violators.

3. Heads of drug and crime prevention and combat task force teams under drug and crime prevention and combat task force regiments may:

a) Impose a fine of up to VND 10,000,000 on individual violators and up to VND 20,000,000 on institutional violators;

b) Confiscate material evidences of administrative violations or means used for commission of administrative violations with a value of not exceeding VND 20,000,000;

c) Apply the remedial measures specified at Points a Clause 3 Article 4 of this Decree.

4. Chiefs of border-guard stations, heads of border-guard flotillas, and commanders of commanding boards of port border-gate guards at ports may:

a) Impose a fine of up to VND 25,000,000 on individual violators and up to VND 50,000,000 on institutional violators for violations specified in Chapter II of this Decree; a fine of up to VND 20,000,000 on individual violators and up to VND 40,000,000 on institutional violators for other violations specified in this Decree;

b) Confiscate material evidences and means of administrative violations with a value of not exceeding VND 50,000,000 for violations specified in Chapter II of this Decree and not exceeding VND 40,000,000 for other violations specified in this Decree;

c) Apply the remedial measures specified at Points a, b, e, and g Clause 3 Article 4 of this Decree.

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

a) Impose a fine of up to VND 100,000,000 on individual violators and up to VND 200,000,000 on institutional violators for violations specified in Chapter II of this Decree; a fine of up to VND 50,000,000 on individual violators and up to VND 100,000,000 on institutional violators for other violations specified in this Decree;

b) Confiscate material evidences and means of administrative violations with a value of not exceeding VND 200,000,000 for violations specified in Chapter II of this Decree and not exceeding VND 100,000,000 for other violations specified in this Decree;

c) Apply the remedial measures specified at Points a, b, d, e, and g Clause 3 Article 4 of this Decree.

6. Commanders of provincial-level border guards; chiefs of border-guard fleets and the Director of the Drug and Crime Prevention and Combat Department under the Border-Guard High Command may:

a) Impose fines of up to the maximum amount according to this Decree;

b) Deprive of the right to use petrol and oil business license, gas business license for a definite term or suspend operation for a definite term;

c) Confiscation of material evidences of administrative violations or means used for commission of administrative violations;

d) Apply the remedial measures specified at Points a, b, d, e, and g Clause 3 Article 4 of this Decree.”.

16. To amend and supplement Article 59 as follows:

“Article 59. Competence of Vietnamese marine police

1. Marine policemen who are on duty may impose fines of up to VND 1,500,000 on individual violators and up to VND 3,000,000 on institutional violators.

2. Heads of professional operation teams of the Marine Police may impose a fine of up to VND 5,000,000 on individual violators and up to VND 10,000,000 on institutional violators.

3. Heads of professional operation squads of the Marine Police and heads of marine police stations may impose fines of up to VND 10,000,000 on individual violators and up to VND 20,000,000 on institutional violators.

4. Captains of marine police flotillas may:

a) Impose a fine of up to VND 25,000,000 on individual violators and up to VND 50,000,000 on institutional violators for violations specified in Chapter II of this Decree; a fine of up to VND 20,000,000 on individual violators and up to VND 40,000,000 on institutional violators for other violations specified in this Decree;

b) Confiscate material evidences and means of administrative violations with a value of not exceeding VND 50,000,000 for violations specified in Chapter II of this Decree and not exceeding VND 40,000,000 for other violations specified in this Decree;

c) Apply the remedial measures specified at Points a, b, e, and g Clause 3 Article 4 of this Decree.

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

a) Impose a fine of up to VND 50,000,000 on individual violators and up to VND 100,000,000 on institutional violators for violations specified in Chapter II of this Decree; a fine of up to VND 30,000,000 on individual violators and up to VND 60,000,000 on institutional violators for other violations specified in this Decree;

b) Confiscate material evidences and means of administrative violations with a value of not exceeding VND 100,000,000 for violations specified in Chapter II of this Decree and not exceeding VND 60,000,000 for other violations specified in this Decree;

c) Apply the remedial measures specified at Points a, b, e, and g Clause 3 Article 4 of this Decree.

6. Coast Guard regional commanders, and the Director of the Professional and Legal Department of the High Command of the Vietnam Coast Guard may:

a) Impose a fine of up to VND 100,000,000 on individual violators and up to VND 200,000,000 on institutional violators for violations specified in Chapter II of this Decree; a fine of up to VND 50,000,000 on individual violators and up to VND 100,000,000 on institutional violators for other violations specified in this Decree;

b) Deprive of the right to use petrol and oil business license, gas business license for a definite term;

c) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

d) Apply the remedial measures specified at Points a, b, e, and g Clause 3 Article 4 of this Decree.

7. The Vietnam Coast Guard Commander may:

a) Impose fines of up to the maximum amount according to this Decree;

b) Deprive of the right to use petrol and oil business license, gas business license for a definite term or suspend operation for a definite term;

c) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

d) Apply the remedial measures specified at Points a, b, e, and g Clause 3 Article 4 of this Decree.”.

17. To amend and supplement Article 60 as follows:

“Article 60. Competence of customs

1. Customs officers who are on duty may impose a fine of up to VND 500,000 on individual violators and VND 1,000,000 on institutional violators.

2. Heads of customs teams and squads of Customs Branches; heads of groups under customs control teams of provincial, inter-provincial or municipal Customs Departments; and heads of customs teams of Post-Customs Clearance Inspection Branches may impose a fine of up to VND 5,000,000 on individual violators and up to VND 10,000,000 on institutional violators.

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

a) Impose a fine of up to VND 25,000,000 on individual violators and up to VND 50,000,000 on institutional violators;

b) Confiscate material evidences of administrative violations or means used for commission of administrative violations with a value of not exceeding VND 50,000,000;

c) Apply the remedial measures specified at Points b, d, dd, e, and g Clause 3 Article 4 of this Decree.

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

a) Impose a fine of up to VND 50,000,000 on individual violators and up to VND 100,000,000 on institutional violators;

b) Deprive of the right to use petrol and oil business license, gas business license for a definite term or suspend operation for a definite term;

c) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

d) Apply the remedial measures specified at Points b, d, dd, e, and g Clause 3 Article 4 of this Decree.

5. The Director General of Customs may:

a) Impose fines of up to the maximum amount according to this Decree;

b) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

c) Apply the remedial measures specified at Points b, d, dd, e, and g Clause 3 Article 4 of this Decree.”.

18. To amend and supplement Article 61 as follows:

“Article 61. Competence of the Market Management Force

1. Market controllers who are duty may impose a fine of up to VND 500,000 on individual violators and up to VND 1,000,000 on institutional violators.

2. Heads of market surveillance teams and heads of professional divisions of the Market Surveillance Professional Department may:

a) Impose a fine of up to VND 25,000,000 on individual violators and up to VND 50,000,000 on institutional violators;

b) Confiscate material evidences of administrative violations or means used for commission of administrative violations with a value of not exceeding VND 50,000,000;

c) Apply the remedial measures specified at Points a, c, d, dd, e, and g Clause 3 Article 4 of this Decree.

3. Directors of provincial-level Market Surveillance Departments, and the Director of the Market Surveillance Professional Department of the Vietnam Directorate of Market Surveillance may:

a) Impose a fine of up to VND 50,000,000 on individual violators and up to VND 100,000,000 on institutional violators;

b) Deprive of the right to use petrol and oil business license, gas business license for a definite term or suspend operation for a definite term;

c) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

d) Take remedial measures specified in this Decree.

4. The Director of Vietnam Directorate of Market Surveillance may:

a) Impose fines of up to the maximum amount according to this Decree;

b) Deprive of the right to use petrol and oil business license, gas business license for a definite term or suspend operation for a definite term;

c) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

d) Take remedial measures specified in this Decree.”.

19. To amend and supplement Article 62 as follows:

“Article 62. Competence of inspectorates

1. Inspectors, persons assigned to perform specialized inspection tasks who are on duty may:

a) Impose a fine of up to VND 500,000 on individual violators and up to VND 1,000,000 on institutional violators;

b) Confiscate material evidences of administrative violations or means used for commission of administrative violations with a value of not exceeding VND 1,000,000;

c) Apply the remedial measures specified at Point a Clause 3 Article 4 of this Decree.

2. Chief Inspectors of provincial-level Departments of Industry and Trade, Chief Inspectors of provincial-level Departments of Science and Technology, Chief Inspectors of provincial-level Departments of Natural Resources and Environment; directors of Sub-Departments for Standards, Metrology and Quality of provincial-level Departments of Science and Technology; Director of the Central Sub-Department for Goods and Product Quality Management and Director of the Southern Sub-Department for Goods and Product Quality Management of the Department for Goods and Product Quality Management; and holders of equivalent titles of agencies assigned to perform the function of specialized inspection who are vested by the Government with the sanctioning competence may:

a) Impose a fine of up to VND 50,000,000 on individual violators and up to VND 100,000,000 on institutional violators;

b) Deprive of the right to use petrol and oil business license, gas business license for a definite term or suspend operation for a definite term;

c) Confiscate material evidences of administrative violations or means used for commission of administrative violations with a value of not exceeding VND 100,000,000;

d) Take remedial measures specified in this Decree.

3. The Director of the Department for Goods and Product Quality Management of the Directorate for Standards, Metrology and Quality; and holders of equivalent titles of agencies assigned to perform the function of specialized inspection who are vested by the Government with the sanctioning competence may:

a) Impose a fine of up to VND 250,000,000 on individual violators and up to VND 500,000,000 on institutional violators for violations specified in Chapter II of this Decree; a fine of up to VND 70,000,000 on individual violators and up to VND 140,000,000 on institutional violators for other violations specified in this Decree;

b) Deprive of the right to use petrol and oil business license, gas business license for a definite term or suspend operation for a definite term;

c) Confiscate material evidences and means of administrative violations with a value of not exceeding VND 500,000,000 for violations specified in Chapter II of this Decree and not exceeding VND 140,000,000 for other violations specified in this Decree;

d) Take remedial measures specified in this Decree.

4. Chiefs of Inspectorates of the Ministry of Industry and Trade, Ministry of Science and Technology, Ministry of Natural Resources and Environment; Director General of Directorate for Standards, Metrology and Quality, Director General of General Department of Geology and Minerals of Vietnam, Director General of Vietnam Environment Administration, Director of Vietnam Chemicals Agency, Director of Industrial Safety Techniques and Environment Agency, and holders of equivalent titles of agencies assigned to perform the function of specialized inspection who are vested by the Government with the sanctioning competence may:

a) Impose fines of up to the maximum amount according to this Decree;

b) Deprive of the right to use petrol and oil business license, gas business license for a definite term or suspend operation for a definite term;

c) Confiscate material evidences of administrative violations or means used for commission of administrative violations;

d) Take remedial measures specified in this Decree.

5. Heads of ministerial-level specialized inspection teams have the sanctioning competence specified in Clause 3 of this Article.

Heads of specialized inspection teams of provincial-level departments and of state management agencies assigned to perform the function of specialized inspection have the sanctioning competence provided in Clause 2 of this Article.”.

20. To amend and supplement Article 63 as follows:

 “Article 63. Division of competence to sanction administrative violations of Chairpersons of People’s Committees, Public Security Force, Border Guards, Vietnamese marine police, Market Management Force, and Inspectorates

1. Division of competence to sanction of chairpersons of People’s Committees at all levels:

a) Chairpersons of Commune-level People’s Committees are competent to sanction administrative violations and take remedial measures for administrative violations specified in Clause 1 Article 21; Point a Clause 1 Article 31; Clause 1 Article 33; Clauses 1 and 3 Article 35; Clause 1 Article 46, Clauses 1, 2, 3, and 4 Article 54 of this Decree within the competence specified in Clause 1 Article 56 of this Decree and the assigned powers, functions, and tasks;

b) Chairpersons of District-level People’s Committees are competent to sanction administrative violations and take remedial measures for administrative violations specified in Clause 1 Article 7; Clauses 1 and 2 Article 9; Article 11; Article 12; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18; Article 19; Clauses 1, 2, 3, and 4 Article 20; Clause 5 Article 20 (except for the cases where the violators commit violations specified in Clauses 3 and 4 Article 20); Clauses 1, 2, and 3 Article 21; Article 22; Article 23; Article 24; Article 25; Clause 1 Article 26; Clause 1 Article 27; Article 28; Article 29; Article 31; Article 33; Article 34; Article 35; Clauses 1 and 2 Article 36; Article 37; Clauses 1, 2, and 3 Article 38; Article 39; Clauses 1, 2, and 3 Article 40; Article 41; Article 42; Article 43; Clauses 1, 2 and 3 Article 44; Article 45; Article 46; Article 47; Article 48; Article 49; Article 50; Article 51; Clauses 1 and 2 Article 52; Article 53 and Article 54 of this Decree within the competence specified in Clause 2 Article 56 of this Decree and assigned powers, functions, and tasks;

c) Chairpersons of Provincial-level People’s Committees are competent to sanction administrative violations and take remedial measures for administrative violations specified in this Decree (except for the  cases where foreigners commit violations specified in Clauses 4, 5, and 6 Article 6 and Clauses 5 and 6 Article 7) within the competence specified in Clause 3 Article 56 of this Decree and assigned powers, functions, and tasks.

2. Division of competence to sanction of the Public Security Force:

a) Policemen who are on duty are competent to sanction administrative violations and take remedial measures for administrative violations specified at Point b Clause 1 Article 54 of this Decree within the competence specified in Clause 1 Article 57 of this Decree and assigned powers, tasks, and functions;

b) Heads of company-level mobile police units, station chiefs and team heads of the persons specified at Point a of this Clause are competent to sanction administrative violations and take remedial measures for administrative violations specified in Clause 1 Article 35 and Point b Clause 1, Clause 2 Article 54 of this Decree within the competence specified in Clause 2 Article 57 of this Decree and assigned powers, functions, and tasks;

c) Chiefs of commune-level police offices, chiefs of police stations and chiefs of police offices of border gates or export processing zones, heads of border-gate police offices of international airports, heads of mobile police battalions, and heads of marine squads are competent to sanction administrative violations and take remedial measures for administrative violations specified in Clause 1 Article 35 and Clauses 1, 2, and 3 Article 54 of this Decree within the competence specified in Clause 3 Article 57 of this Decree and assigned powers, functions, and tasks;

d) Chiefs of district-level police offices; heads of professional divisions of the Internal Political Security Department; heads of the professional divisions of the Police Department for Administrative Management of Social Order; heads of the professional divisions of the Traffic Police Department; heads of the professional divisions of the Fire Prevention and Fighting, Salvage and Rescue Police Department; heads of the professional divisions of the Department for Cyber Security and Hi-Tech Crime Prevention and Combat; and heads of divisions of provincial-level of Departments of Public Security, including heads of the Internal Political Security Divisions, heads of Police Divisions for Administrative Management of Social Order, chiefs of police offices for investigation of social order-related crimes, heads of Police Divisions for Investigation of Corruption, Economic and Smuggling Crimes, heads of Police Divisions for Investigation of Drug-Related Crimes, heads of Traffic Police Divisions, heads of Road and Railway Traffic Police Divisions, heads of Road Traffic Police Divisions, heads of Waterways Police Divisions, heads of Mobile Police Divisions, heads of Police Divisions for Environmental Crime Prevention and Combat, heads of Fire Prevention and Fighting, Salvage and Rescue Police Divisions, heads of Cyber Security and Hi-Tech Crime Prevention and Combat Divisions, heads of Economic Security Divisions, heads of External Security Divisions, heads of Mobile Police Regiments, and heads of marine battalions are competent to sanction administrative and take remedial measures for administrative violations specified in Clause 1 Article 7; Clause 1 Article 11; Article 12; Clause 1 Article 14; Clause 1 Article 15; Clause 1 Article 16; Clause 1 Article 17; Clause 1 Article 19; Clause 1, Point b Clause 2 Article 20; Clause 5 Article 20 (except for the cases where the violators commit violations specified in Clauses 2, 3, and 4 Article 20); Clause 1 Article 21; Clause 1 Article 22; Article 25; Clause 1 Article 26; Clauses 1 and 2 Article 29; Points a, b, and c Clause 1 Article 31; Clauses 1, 2, and 3, Point a Clause 7, Clause 8 Article 33; Clauses 1 and 2 Article 34; Clauses 1, 3, and 4 Article 35; Clause 1 Article 39; Clause 1 Article 42; Points a, b, c, and d Clause 1 Article 43; Clause 1 Article 44; Clause 1 Article 45; Clause 1, Points a, b, d, and dd Clause 2, Point c Clause 3 Article 46; Clause 1, Points a and c Clause 2 Article 47; Clauses 1 and 2 Article 48; Clause 1 Article 49; Clauses 1 and 2 Article 50; Clause 1 Article 51; Clause 1 Article 52; Clause 1 Article 53 and Clauses 1, 2, 3, and 4, Points a and b Clause 5 Article 54 of this Decree within the competence specified in Clause 4 Article 57 of this Decree and assigned powers, functions, and tasks;

dd) Directors of provincial-level Police Departments are competent to sanction administrative violations and take remedial measures for administrative violations specified in Clause 1 Article 7; Clauses 1 and 2 Article 9; Article 11; Article 12; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18; Article 19; Clauses 1, 2, 3, and 4 Article 20; Clause 5 Article 20 (except for the cases where the violators commit violations specified in Clauses 3 and 4 Article 20); Clauses 1, 2, and 3 Article 21; Article 22; Article 23; Article 24; Article 25; Clause 1 Article 26; Clause 1 Article 27; Article 28; Article 29; Article 31; Article 33; Article 34; Article 35; Point b Clause 1, Clause 2 Article 36; Article 37; Points a and c Clause 1, Clauses 2 and 3 Article 38; Article 39; Clauses 1, 2, and 3 Article 40; Article 42; Article 43; Clauses 1, 2, and 3 Article 44; Article 45; Clause 1, Points a, b, d, and dd Clause 2, Points b and c Clause 3 Article 46; Article 47; Article 48; Article 49; Article 50; Article 51; Clauses 1 and 2 Article 52; Clause 1, Point c Clause 2, Clause 3 Article 53 and Article 54 of this Decree within the competence specified in Clause 5 Article 57 of this Decree and assigned powers, functions, and tasks;

e) The Director of the Internal Political Security Department, Director of the Economic Security Department, Director of the Police Department for Administrative Management of Social Order, Director of Police Department for Investigation of Social Order-Related Crimes, Director of the Police Department for Investigation of Corruption, Economic and Smuggling Crimes, Director of the Police Department for Drug-Related Crimes, Director of the Traffic Police Department, Director of the Fire Prevention and Fighting, Salvage and Rescue Police Department, Director of the Environmental Crime Prevention and Combat Police Department, Director of the Cyber Security and Hi-Tech Crime Prevention and Combat Department, Director of the Internal Security Department, and Commander of the Mobile Police Department are competent to sanction administrative violations and take remedial measures for administrative violations specified in this Decree except for those specified in Clause 2 Article 27; Point a Clause 1, Point a Clause 4 Article 36; Point b Clause 1 Article 38; Article 41; Point c Clause 2, Point a Clause 3 Article 46; Points a and b Clause 2 Article 53 and except for cases where foreigners commit violations specified in Clauses 4, 5, and 6 Article 6; Clauses 5 and 6 Article 7 of this Decree within the competence specified in Clause 6 Article 57 of this Decree and assigned powers, tasks, and functions;

g) The Director of Immigration Department is competent to sanction administrative violations and take remedial measures for administrative violations specified in this Decree (except for violations specified in Clause 2 Article 27; Point a Clause 1, Point a Clause 4 Article 36; Point b Clause 1 Article 38; Article 41; Point c Clause 2, Point a Clause 3 Article 46; Points a and b Clause 2 Article 53) within the competence specified in Clause 7 Article 57 of this Decree and assigned powers, tasks, and functions.

3. Division of competence to sanction of Border Guards:

a) Border-guard soldiers who are on duty are competent to sanction administrative violations specified at Point b Clause 1 Article 54 of this Decree within the competence specified in Clause 1 Article 58 of this Decree and assigned tasks, functions, and powers;

b) Station heads or team commanders of those as prescribed at Point a of this Clause are competent to sanction administrative violations specified in Clause 1 Article 35; Point b Clauses 1, 2, and 3 Article 54 of this Decree within the competence specified in Clause 2 Article 58 of this Decree and assigned functions, tasks, and powers;

c) Heads of drug and crime prevention and combat task force teams under drug and crime prevention and combat task force regiments are competent to sanction administrative violations and take remedial measures for administrative violations specified at Point c Clause 1 Article 14; Points a and b Clause 1 Article 31, Clauses 1 and 2 Article 33; Clauses 1, 3, and 4 Article 35; Clauses 1, 2, 3, and 4, Points a and b Clause 5 Article 54 of this Decree;

d) Chiefs of border-guard stations, heads of border-guard flotillas, and commanders of commanding boards of port border-gate guards at ports are competent to sanction administrative violations and take remedial measures for administrative violations specified in Clause 1 Article 11; Point c Clause 1 Article 14; Clause 1 Article 15; Clause 1 Article 16; Clause 1 Article 17; Clause 1 Article 19; Clause 1, Point b Clause 2 Article 20; Clause 5 Article 20 (except for the cases where the violators commit violations specified in Clauses 2, 3, and 4 Article 20); Article 25; Clause 1 Article 26; Points a, b, and c Clause 1 Article 31; Clauses 1, 2, and 3, Point a Clauses 7 and 8 Article 33; Clauses 1, 3, and 4 Article 35; Clause 1 Article 52 and Clauses 1, 2, 3, and 4, Points a and b Clause 5 Article 54 within the competence specified in Clause 3 Article 58 of this Decree and assigned tasks, functions, and powers;

dd) Heads of drug and crime prevention and combat task force regiments of Drug and Crime Prevention and Combat Department under the Border Guard High Command are competent to sanction administrative violations and take remedial measures for administrative violations specified in Clause 1, Points a, c, and d Clause 2 Article 9; Clause 1, Points c and d Clause 2 Article 11; Article 13; Point c Clause 1, Clause 2 Article 14; Clause 1 Article 15; Clause 1 Article 16; Clause 1 Article 17; Point a Clause 1 Article 18; Clause 1 Article 19; Clause 1, Point b Clause 2, Clause 3, Clause 4, Clause 5 Article 20; Clause 3, Clause 4 Article 22; Point a Clause 2 and Point b Clause 3 Article 24; Article 25; Clause 1 Article 26; Clause 1 Article 27; Clause 1, Clause 3 Article 28; Article 31; Article 33; Article 35; Clauses 1 and 2 Article 52; Article 54 of this Decree;

e) Commanders of provincial-level border guards; chiefs of border-guard fleets and the Director of the Drug and Crime Prevention and Combat Department under the Border-Guard High Command are competent to sanction administrative violations and take remedial measures for administrative violations specified in Clauses 2, 3, 4, 5, and 6 Article 6 (except for the cases where foreigners commit violations specified in Clauses 4, 5, and 6 Article 6); Clauses 4, 5, and 6 Article 7 (except for the cases where foreigners commit violations specified in Clauses 5 and 6 Article 7); Clause 2 Article 8; Clause 1, Points a, c, and d Clause 2, Clause 3 Article 9; Clause 1, Points c and d Clause 2 Article 11; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18; Article 19; Article 20; Clauses 3 and 4 Article 22; Point a Clause 2 and Point b Clause 3 Article 24; Article 25; Article 26; Clauses 1, 2 Article 27; Clauses 1 and 3 Article 28; Article 31; Article 33; Article 35; Article 52 and Article 54 of this Decree within the competence specified in Clause 4 Article 58 of this Decree and assigned tasks, functions, and powers.

4. Division of competence to sanction of the Vietnam Coast Guard:

a) Leaders of Coast Guard operation teams are competent to sanction administrative violations and take remedial measures for administrative violations specified in Clause 1 Article 21 of this Decree within the competence specified in Clause 1 Article 59 of this Decree and assigned functions, tasks, and powers;

b) Heads of Coast Guard operation squads and heads of Coast Guard stations are competent to sanction administrative violations and take remedial measures for administrative violations specified at Point c Clause 1 Article 14; Clause 1 Article 21; Point a Clause 7 Article 33; Clause 1 Article 34; Clauses 1 and 4 Article 35 and Point b Clause 1 Article 47 of this Decree within the competence specified in Clause 2 Article 59 of this Decree and assigned tasks, powers, and functions;

c) Commanders of Coast Guard flotillas are competent to sanction administrative violations and take remedial measures for administrative violations specified at Point d Clause 1 Article 11; Point c Clause 1 Article 14; Clause 1 Article 15; Clause 1 Article 16; Clause 1 Article 17; Clause 1 Article 19; Clause 1, Point b Clause 2 Article 20; Clause 5 Article 20 (except for the cases where the violators commit violations specified in Clauses 2, 3, and 4 Article 20); Clause 1 Article 21; Article 25; Points a, b, and c Clause 1 Article 31; Clauses 1, 2, and 3, Point a Clause 7, Clause 8 Article 33; Clause 1 Article 34; Clauses 1 and 4 Article 35; Point b Clause 1 Article 47 and Clause 1 Article 52 of this Decree within the competence specified in Clause 3 Article 59 of this Decree and assigned tasks, functions, and powers;

d) Chiefs of coast guard fleets; heads of reconnaissance teams, and heads of drug-related crime prevention and combat task force regiments of the High Command of the Vietnam Coast Guard are competent to sanction administrative violations and take remedial measures for violations specified at Point b Clause 1 Article 9; Point d Clause 1 Article 11; Article 13; Point c Clause 1 Article 14; Article 15; Article 16; Article 17; Clause 1 Article 19; Clause 1, Point b Clause 2 Article 20; Clause 5 Article 20 (except for the cases where the violators commit violations specified in Clauses 2, 3, and 4 Article 20); Clause 1 Article 21; Article 25; Clause 1 Article 26; Clause 1 Article 28; Points a, b, c, and d Clause 1 Article 31; Clauses 1, 2, 3, and 4, Point a Clause 7, Clause 8 Article 33; Clause 1 Article 34; Clauses 1 and 4 Article 35; Point b Clause 1 Article 47 and Clause 1 Article 52 of this Decree within the competence specified in Clause 4 Article 59 of this Decree and assigned functions, tasks, and powers;

dd) Coast Guard regional commanders, and the Director of the Professional and Legal Department of the High Command of the Vietnam Coast Guard are competent to sanction administrative violations and take remedial measures for administrative violations specified at Point b Clause 1, Points a, c, and d Clause 2 Article 9; Point d Clause 1 Article 11; Article 13; Clause 1 Article 14; Clause 1 Article 15; Clause 1 Article 16; Clause 1 Article 17; Article 18; Clause 1 Article 19; Clause 1, Point b Clause 2 Article 20; Clause 5 Article 20 (except for the cases where the violators commit violations specified at Point a Clause 2, Clauses 3 and 4 Article 20); Clauses 1 and 3 Article 21; Article 25; Clause 1 Article 26; Clauses 1 and 3 Article 28; Article 31; Clauses 1, 2, 3, 4, 5, and 6, Point a Clause 7, Clause 8 Article 33; Clause 1 Article 34; Clauses 1 and 4 Article 35; Points a and b Clause 1 Article 47 and Clause 1 Article 52 of this Decree within the competence specified in Clause 5 Article 59 of this Decree and assigned tasks, functions, and powers;

e) The Vietnam Coast Guard Commander is competent to sanction administrative violations and take remedial measures for administrative violations specified in Clause 1 Article 6; Clauses 2 and 3, Point a Clause 4, Clause 6 Article 7 (except for the cases where foreigners commit violations specified in Clause 6 Article 7); Clause 2 Article 8; Point b Clause 1, Clause 2, Clause 3 Article 9; Point d Clause 1 Article 11; Article 13; Clause 1 Article 14; Article 15; Article 16; Article 17; Article 18; Article 19; Clause 1, Point b Clause 2, Clause 5 Article 20 (except for the cases where the violators commit violations specified at Point a Clause 2, Clause 3, Clause 4 Article 20); Clauses 1, 3, and 4 Article 21; Article 25; Clause 1, Point b Clause 2 Article 26; Clause 3 Article 27; Article 28; Article 31; Clauses 1, 2, 3, 4, 5, and 6, Point a Clause 7, Clause 8 Article 33; Clause 1 Article 34; Clause 1, 4 Article 35; Point b Clause 1, Clauses 2 and 3 Article 36; Points a and c Clause 1, Clauses 3 and 4 Article 38; Point b Clause 2, Point c Clause 3 Article 46; Point b Clause 1, Point a Clause 2 Article 47; Clauses 1 and 4 Article 52 of this Decree within the competence specified in Clause 6 Article 59 of this Decree and assigned tasks, functions, and powers.

5. Division of competence to sanction of Customs:

a) Heads of Customs Branches; heads of Post-Customs Clearance Inspection Branches; heads of customs control teams of provincial, interprovincial or municipal Customs Departments; heads of Criminal Investigation Teams; heads of Anti-Smuggling Control Teams; chiefs of marine control flotillas, and heads of Control Teams to Combat Smuggling of Counterfeit Goods and Protect Intellectual Property Rights of the Anti-Smuggling Investigation Department; and heads of Post-Customs Clearance Inspection Branches of the Post-Customs Clearance Inspection Department are competent to sanction administrative violations and take remedial measures for administrative violations related to import, export, temporary import and re-export, temporary export and re-import, border-gate transfer of goods specified in Clause 1, Point b Clause 2 Article 20; Clause 5 Article 20 (except for the cases where the violators commit violations specified in Clauses 2, 3, and 4 Article 20); Article 25; Clause 1 Article 26; Points a, b, and c Clause 1 Article 31 and Clauses 1, 2, 3, 7, and 8 Article 33 of this Decree within the competence specified in Clause 1 Article 60 of this Decree and assigned functions, tasks, and powers;

b) The Director of the Anti-Smuggling Investigation Department, Director of Post-Customs Clearance Inspection Department of the General Department of Customs, and directors of provincial, inter-provincial and municipal Customs Departments are competent to sanction administrative violations and take remedial measures for administrative violations related to import, export, temporary import and re-export, temporary export and re-import, border-gate transfer of goods specified in Article 18; Clauses 1, 2, 3, and 4 Article 20; Clause 5 Article 20 (except for the cases where the violators commit violations specified in Clauses 3 and 4 Article 20); Article 25; Clause 1 Article 26; Clause 1 Article 27; Article 31 and Article 33 of this Decree within the competence specified in Clause 2 Article 60 of this Decree and assigned functions, tasks, and powers;

c) Director General of Customs is competent to sanction administrative violations and take remedial measures for administrative violations related to import, export, temporary import and re-export, temporary export and re-import, border-gate transfer of goods specified in Clause 1, Point b Clause 2, Clauses 3, 4, and 5 Article 20; Article 25; Article 26; Article 27; Article 31; Article 33, Points a and b Clause 4 Article 36 of this Decree within the competence specified in Clause 3 Article 60 of this Decree and assigned tasks, functions, and powers.

6. Division of competence to sanction of the Market Surveillance Force:

a) Market controllers who are on duty are competent to sanction administrative violations and take remedial measures for administrative violations specified at Point b Clause 1 Article 54 of this Decree within the competence specified in Clause 1 Article 61 of this Decree and assigned powers, tasks, and functions;

b) Heads of market surveillance teams and heads of professional divisions of the Market Surveillance Professional Department are competent to sanction administrative violations and take remedial measures for administrative violations specified at Point c Clause 1, Clause 2 Article 14; Clause 1 Article 15; Clause 1 Article 16; Clause 1 Article 17; Clause 1 Article 19; Clause 1, Point b Clause 2 Article 20; Clause 5 Article 20 (except for the cases where the violators commit violations specified in Clauses 2, 3, and 4 Article 20); Clauses 1 and 2 Article 21; Clause 1 Article 22; Clause 1 Article 23; Clause 1 Article 24; Article 25; Clause 1 Article 26; Clauses 1 and 2 Article 29; Points a, b and c Clause 1 Article 31; Clauses 1, 2, 3, 7, and 8 Article 33; Clauses 1 and 2 Article 34; Article 35; Points a and b Clause 2 Article 39; Article 41; Clause 1 Article 42; Points a and d Clause 1 Article 43; Clause 1 Article 44; Clause 1 Article 45; Clause 1 Article 46; Clause 2 Article 46; Clause 1, Points b and c Clause 2 Article 47; Clauses 1 and 2 Article 48; Clause 1 Article 49; Clauses 1 and 2 Article 50; Clause 1 Article 51; Clause 1 Article 52; Clause 1 Article 53 and Article 54 of this Decree within the competence specified in Clause 2 Article 61 and assigned functions, tasks, and powers;

c) Directors of provincial-level Market Surveillance Departments, and the Director of the Market Surveillance Professional Department of the Vietnam Directorate of Market Surveillance are competent to sanction administrative violations and take remedial measures for administrative violations specified in Article 14; Article 15; Article 16; Article 17; Article 18; Article 19; Clauses 1, 2, 3, and 4 Article 20; Clause 5 Article 20 (except for the cases where the violators commit violations specified in Clauses 3 and 4 Article 20); Clauses 1, 2, and 3 Article 21; Article 22; Article 23; Article 24; Article 25; Clause 1 Article 26; Clause 1 Article 27; Article 28; Article 29; Article 31; Article 33; Article 34; Article 35; Clauses 1 and 2 Article 36; Article 37; Clauses 1, 2, and 3 Article 38; Article 39; Clauses 1, 2, and 3 Article 40; Article 41; Article 42; Article 43; Clauses 1, 2, and 3 Article 44; Article 45; Article 46; Article 47; Article 48; Article 49; Article 50; Article 51; Clauses 1 and 2 Article 52; Article 53 and Article 54 of this Decree within the competence specified in Clause 3 Article 61 of this Decree and assigned functions, tasks, and powers;

d) The Director General of the Vietnam Directorate of Market Surveillance is competent to sanction administrative violations and take remedial measures for administrative violations specified in Chapter III and Chapter IV of this Decree within the competence specified in Clause 4 Article 61 of this Decree and assigned functions, tasks, and powers.

7. Competent persons in specialized inspection of industry and trade, specialized inspection of price, specialized inspection of natural resources and environment and specialized inspection of science and technology are competent to sanction administrative violations and take remedial measures for administrative violations specified in this Decree within the competence specified in Article 62 of this Decree and assigned tasks, functions, and powers.”.

Article 5. Transitional provisions

For administrative violations in chemicals and industrial explosive materials; electricity, economical and efficient use of energy; commercial activities, production, trading of counterfeit goods, prohibited goods, and consumer’s right protection; oil and gas activities, trading of petrol, oil and gas which occur before the effective date of this Decree and are detected after the effective date of this Decree, the provisions of this Decree shall be applied for sanction if this Decree does not provide regulations on legal liability or prescribes less severe legal liability for violators.

Article 6. Effect and implementation responsibility

1. This Decree takes effect from the date of its signing.

2. Ministers, heads of ministerial-level agencies, heads of Government-attached agencies, Chairpersons of People's Committees of provinces and centrally-run cities within their tasks and functions shall implement this Decree.