Nghị định 125/2021/NĐ-CP quy định xử phạt VPHC trong lĩnh vực bình đẳng giới

DECREE

Providing penalties for administrative violations against regulations on gender equality

 

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 the Law on Gender Equality dated November 29, 2006;

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

Pursuant to the Labor Code dated November 20, 2019;

At the request of the Minister of Labor, Invalids and Social Affairs;

The Government promulgates the Decree providing penalties for administrative violations against regulations on gender equality.

 

Chapter I

GENERAL PROVISIONS

 

Article 1. Scope of regulation

1. This Decree specifies administrative violations, penalties, sanctioning levels and remedial measures for each administrative violation, competence to make minutes and impose penalties, and specific fines which can be imposed by each post holder for administrative violations against regulations on gender equality.

2. Other administrative violations against regulations on gender equality that are not specified in this Decree shall be sanctioned in accordance with the provisions of other Government's Decrees providing penalties for administrative violations under relevant State jurisdiction.

Article 2. Subjects of application

1. Vietnamese organizations and individuals; foreign organizations and individuals; business households and households that commit administrative violations in the territory, contiguous zone, exclusive economic zone or continental shelf of the Socialist Republic of Vietnam; or on aircraft with Vietnamese nationality or seagoing ships under the Vietnamese flag, shall be administratively sanctioned in accordance with Vietnamese law, unless otherwise provided by treaties to which Vietnam is a contracting party.

Organizations specified in this Article include:

a) State agencies committing administrative violations against regulations on gender equality that are beyond the scope of their assigned State management duties;

b) Enterprises that are established and run in accordance with the law provisions, and their branches, representative offices or business locations;

c) Cooperatives, associations of cooperatives, and cooperative groups that are established and operate in accordance with the law provisions;

d) Political organizations, socio-political organizations, socio-political-professional organizations, social organizations, and socio-professional organizations;

dd) Non-business units;

e) Vietnam-based branches, representative offices, business locations of foreign traders; Vietnam-based representative offices of foreign trade promotion organizations;

g) International organizations, intergovernmental organizations, agencies and organizations of foreign governments, non-governmental organizations permitted to operate in Vietnam;

h) Other organizations as prescribed by law.

2. Persons competent to make minutes of administrative violations and those competent to impose penalties for administrative violations in accordance with this Decree.

3. Other agencies, organizations and individuals involved in sanctioning of administrative violations and enforcement of penalties and remedial measures in accordance with this Decree.

Article 3. Statute of limitations for imposing penalties for administrative violations

1. The statute of limitations for imposing penalties for administrative violations against regulations on gender equality is 01 year.

2. A completed administrative violation against regulations on gender equality means an act that is committed once or many times, and there are grounds to determine that such act has been completed before detected by the competent agency or person. The time of ending the violation is counted from the date when the violation is completed.

3. An in-progress administrative violation against regulations on gender equality means an act that is being committed at the time the competent agency or person detects it and such act still violates the state management order on gender equality.

Article 4. Penalties and remedial measures

1. Main penalties for administrative violation against regulations on gender equality include:

a) A warning;

b) A fine.

2. Additional penalties:

a) Deprivation of the right to use operating licenses for a definite term;

b) Confiscation of material evidence and means used for committing administrative violations.

3. Remedial measures:

a) Forcible public correction of untruthful information;

b) Forcible public apology;

c) Forcible restoration of legal rights of victims;

d) Forcible payment of all reasonable health examination and treatment costs for victims in the case where the administrative violation causes health and mental damage;

dd) Forcible destruction of works, cultural products, printed products, textbooks, coursebooks, and teaching programs that include contents of gender prejudice, or promote, propagate, and disseminate gender discrimination;

e) Forcible modification, supplementation, replacement or correction of works, cultural products, printed products, textbooks, coursebooks, and teaching programs that contain contents of gender prejudice, or promote, propagate, and disseminate gender discrimination;

g) Forcible modification or abolition of regulations and rules of agencies or organizations, village codes or community conventions that contain gender-based discrimination contents;

h) Forcible modification or abolition of regulations on training and enrolment ages that contain gender-based discrimination contents;

i) Forcible return of illegal profits obtained from committing administrative violations;

k) Forcible return of licenses, practice certificates, and operation registration certificates that contain erased, modified, or falsified contents to competent agencies or persons that have issued such licenses, practice certificates, and operation registration certificates.

Article 5. Regulations on fines and competence to impose fines on individuals and organizations

1. The maximum fine imposed for an administrative violation against regulations on gender equality is VND 30,000,000 if the violator is an individual.

2. The fines imposed for the administrative violations specified in Chapter II of this Decree are applicable to individuals. If organizations commit the same violations, the fines imposed shall be 2 times higher than that imposed to individuals.

a) In the case where a household or business household commits an administrative violation, the fine imposed shall be equal to that imposed to an individual;

b) In the case where a branch, representative office, or business location commits an administrative violation against regulations on gender equality, the fine shall be imposed in accordance with Decree No. 118/2021/ND-CP dated December 23, 2021, detailing a number of articles and measures to implement the Law on Handling of Administrative Violations.

3. The competence to impose fines by post holders specified in Chapter III of this Decree is the competence applicable to an administrative violation of an individual. The competence to impose fines for an administrative violation of an organization shall be twice higher than that applicle to an individual.

 

Chapter II

ADMINISTRATIVE VIOLATIONS, PENALTIES AND REMEDIAL MEASURES

 

Article 6. Administrative violations against regulations on gender equality in politics

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

a) Offending the honor and dignity of candidates self-nominated or nominated to stand for the election of deputies to the National Assembly and People’s Councils or to leading bodies of political, socio-political, socio-political professional, social or socio-professional organizations due to gender prejudice;

b) Offending the honor and dignity of a person in order to obstruct the appointment of such person to the managerial, leading or professional posts due to gender prejudice;

c) Intentionally disseminating untruthful information in order to obstruct candidates self-nominated or nominated to stand for the election of deputies to the National Assembly and People’s Councils or to leading bodies of political, socio-political, socio-political professional, social or socio-professional organizations due to gender prejudice;

d) Intentionally disseminating untruthful information to obstruct the appointment of a person to the managerial, leading or professional posts due to gender prejudice.

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

a) Instigating and enticing others to vote only for persons of a certain gender when electing deputies to the National Assembly, People's Council or leading bodies of political, socio-political, socio-political professional, social or socio-professional organizations due to gender prejudice;

b) Instigating and enticing others to vote only for persons of a certain gender when carrying out the procedures to collect opinions on candidates to be appointed to the managerial, leading or professional posts due to gender prejudice.

3. A fine of between VND 5,000,000 and VND 7,000,000 shall be imposed for any of the following violations:

a) Instigating others to delay, not provide, or delaying, not providing fully and on time in accordance with regulations, information, documents, and application forms in order to obstruct candidates self-nominated or nominated to stand for the election of deputies to the National Assembly and People’s Councils or to leading bodies of political, socio-political, socio-political professional, social or socio-professional organizations due to gender prejudice;

b) Instigating others to delay or delaying the implementation of procedures to obstruct the appointment of a person to the managerial, leading or professional posts due to gender prejudice;

c) Threatening to use force or mentally intimidating in order to obstruct candidates self-nominated or nominated to stand for the election of deputies to the National Assembly and People’s Councils or to leading bodies of political, socio-political, socio-political professional, social or socio-professional organizations due to gender prejudice;

d) Threatening to use force or mentally intimidating in order to obstruct the appointment of a person to the managerial, leading or professional posts due to gender prejudice.

4. A fine of between VND 7,000,000 and VND 10,000,000 shall be imposed for any of the following violations:

a) Using force in order to obstruct candidates self-nominated or nominated to stand for the election of deputies to the National Assembly and People’s Councils or to leading bodies of political, socio-political, socio-political professional, social or socio-professional organizations due to gender prejudice;

b) Using force in order to obstruct the appointment of a person to the managerial, leading or professional posts due to gender prejudice;

c) Erasing, modifying or falsifying the contents of papers or documents, or forcing others to do so in order to obstruct candidates self-nominated or nominated to stand for the election of deputies to the National Assembly and People’s Councils or to leading bodies of political, socio-political, socio-political professional, social or socio-professional organizations due to gender prejudice;

d) Erasing, modifying or falsifying the contents of papers or documents, or forcing others to do so in order to obstruct the appointment of a person to the managerial, leading or professional posts due to gender prejudice;

dd) Not appointing a person to the managerial, leading or professional posts due to gender prejudice;

5. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the acts of formulating and implementing rules and regulations with gender-based discrimination contents.

6. Additional penalties:

Confiscation of material evidence and means used for committing administrative violations, for the violations specified at Points a, b, c and d, Clause 4 of this Article.

7. Remedial measures:

a) Forcible public apology to the victims, for the violations specified in Clause 1, and Points c and d, Clause 3 of this Article (except the cases where such victims have not requested it);

b) Forcible public correction of untruthful information, for the violations specified at Points c and d, Clause 1 of this Article;

c) Forcible restoration of legal rights of the victims, for the violations specified at Points a and b, Clause 3, and Points c, d and dd, Clause 4 of this Article;

d) Forcible payment of all reasonable health examination and treatment costs, for the violations specified at Points c and d, Clause 3, and Points a and b, Clause 4 of this Article in the case where the administrative violation causes health and mental damage to the victims;

dd) Forcible modification or abolition of regulations and rules of agencies, organizations and individuals that contain gender-based discrimination contents, for the violations specified in Clause 5 of this Article.

Article 7. Administrative violations against regulations on gender equality in economy

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

a) Offending the honor and dignity of a person who sets up enterprises or carries out production and business activities due to gender prejudice;

b) Threatening to use force or mentally intimidating in order to prevent a person from setting up enterprises or carrying out production and business activities due to gender prejudice;

c) Instigating others to delay, not provide or delaying, not providing fully and on time in accordance with regulations, information, documents, and application forms for a person who sets up enterprises or carries out production and business activities due to gender prejudice;

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

a) Using force in order to prevent a person from setting up enterprises or carrying out production and business activities due to gender prejudice;

b) Modifying or falsifying dossiers in order to prevent a person from setting up enterprises or carrying out production and business activities due to gender prejudice;

c) Forcing others to modify or falsify dossiers in order to prevent a person from setting up enterprises or carrying out production and business activities due to gender prejudice.

3. Additional penalties:

Confiscation of material evidence and means used for committing administrative violations, for the violations specified at Points a, b and c, Clause 2 of this Article, except for licenses, certificates, and operation registration certificates specified at Point d, Clause 4 of this Article.

4. Remedial measures:

a) Forcible public apology to the victims, for the violations specified at Points a and b, Clause 1 of this Article (except the cases where such victims have not requested it);

b) Forcible restoration of legal rights of the victims, for the violations specified at Point c, Clause 1 and Points b and c, Clause 2 of this Article;

c) Forcible payment of all reasonable health examination and treatment costs, for the violations specified at Point b, Clause 1 and Point a, Clause 2 of this Article in the case where the administrative violation causes health and mental damage to the victims;

d) Forcible return of licenses, practice certificates, and operation registration certificates that contain erased, modified or falsified contents (if any), for the violations specified at Points b and c, Clause 2 of this Article to competent agencies or persons that have issued such licenses, practice certificates, and operation registration certificates.

Article 8. Administrative violations against regulations on gender equality in labor

1. A warning shall be imposed for the acts of advising and instigating others to choose jobs, workplaces, and occupations based on gender prejudice.

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

a) Having acts of gender-based discrimination in ensuring labor safety and hygiene;

b) Forcing or prohibiting a person from choosing jobs, workplaces, and occupations due to gender prejudice;

c) Having acts of gender-based discrimination in work assignment, which leads to income disparities;

d) Refusing to recruit or restricting recruitment of employees of a certain gender.

3. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for the acts of formulating and implementing rules and regulations that contain gender-based discrimination contents.

4. Violations against specific regulations for female employees and regulations on gender equality shall be sanctioned in accordance with the Government's Decree providing penalties for administrative violations in the fields of labor, social insurance, and overseas manpower supply under contract.

5. Remedial measures:

a) Forcible restoration of legal rights of the victims, for the violations specified in Clause 2 of this Article;

b) Forcible modification or abolition of regulations and rules of agencies, organizations and individuals that contain gender-based discrimination contents, for the violations specified in Clause 3 of this Article.

Article 9. Administrative violations against regulations on gender equality in education and training

1. A warning shall be imposed for the acts of advising, instigating or not allowing a person to go to school, study and improve knowledge due to gender-based grounds.

2. A fine of between VND 500,000 and VND 1,000,000 shall be imposed for the acts of forcing or preventing a person from choosing subjects, majors, or professions due to gender-based grounds.

3. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed for the acts of advising or forcing a person to drop out of school due to gender-based grounds.

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

a) Organizing the acts of advising or forcing many persons to drop out of school due to gender-based grounds;

b) Refusing admission to qualified persons in training and retraining courses due to gender-based grounds or due to their pregnancy, delivery or raising of small children.

5. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for the act of prescribing different training and enrolment ages between men and women.

6. A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for any of the acts of organizing vocational education, compiling and disseminating textbooks, coursebooks or teaching programs that contain gender prejudice contents.

7. Remedial measures:

a) Forcible restoration of legal rights of the victims, for the violations specified in Clauses 1, 2, 3 and 4 of this Article;

b) Forcible modification or abolition of regulations on training and enrolment ages based on gender discrimination, for the violations specified in Clause 5 of this Article;

c) Forcible modification, replacement or correction of textbooks, coursebooks, and teaching programs that contain gender prejudice contents. If not amended, replaced or corrected, documents containing gender prejudice contents must be destructed, for the violations specified in Clause 6 of this Article;

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

Article 10. Administrative violations against regulations on gender equality in science and technology

1. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed for offending the honor and dignity to prevent a person from participating in scientific and technological activities due to gender-based grounds.

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

a) Threatening to use force or mentally intimidating in order to prevent a person from participating in scientific and technological activities due to gender-based grounds;

b) Failing to provide sufficient and timely information and documents in accordance with regulations in order to prevent a person from participating in scientific and technological activities due to gender-based grounds.

3. A fine of between VND 5,000,000 and VND 7,000,000 shall be imposed for any of the following violations:

a) Using force in order to prevent a person from participating in scientific and technological activities due to gender-based grounds;

b) Not allowing a person to participate in scientific and technological activities due to gender-based grounds.

4. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for refusing persons of a specific gender to participate in training courses or in scientific and technological activities.

5. Additional penalties:

Confiscation of material evidence and means used for committing administrative violations, for the violations specified at Point a, Clause 3 of this Article.

6. Remedial measures:

a) Forcible public apology to the victims, for the violations specified in Clause 1 and Point a, Clause 2 of this Article (except the cases where such victims have not requested it);

b) Forcible restoration of legal rights of the victims, for the violations specified at Point b Clause 2, Point b Clause 3, and Clause 4 of this Article;

c) Forcible payment of all reasonable health examination and treatment costs, for the violations specified at Point a, Clause 2 and Point a, Clause 3 of this Article in the case where the administrative violation causes health and mental damage to the victims.

Article 11. Administrative violations against regulations on gender equality in culture, physical education and sports

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

a) Offending the honor and dignity to prevent a person from composing or criticizing literary and art works, performing or participating in other cultural activities and physical training or sports activities due to gender prejudice;

b) Threatening to use force or mentally intimidating to prevent a person from composing or criticizing literary and art works, performing or participating in other cultural activities and physical training or sports activities due to gender prejudice.

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

a) Using force in order to prevent a person from composing or criticizing literary and art works, performing or participating in other cultural activities and physical training or sports activities due to gender prejudice;

b) Not allowing a person to compose or criticize literary and art works, perform or participate in other cultural activities and physical training or sports activities due to gender prejudice;

c) Conducting or instigating a person to conduct backward practices and customs of gender-based discrimination nature in any form.

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

a) Composing, circulating, publishing or authorizing the publication of works and cultural products under any genre or form to encourage and propagate gender discrimination and gender prejudice;

b) Spreading thought and backward practices and customs of gender discrimination nature in any form.

c) Formulating and implementing regulations that contain gender-based discrimination contents in village codes or community conventions.

4. Additional penalties:

a) Deprivation of the right to use the operating license for a period of between 03 months and 06 months from the effective date of decisions on imposing penalties, for the violations of circulating, publishing or authorizing the publication specified at Point a, Clause 3 of this Article;

b) Confiscation of material evidence and means used for committing administrative violations, for the violations specified at Point a, Clause 2 of this Article.

5. Remedial measures:

a) Forcible public apology to the victims, for the violations specified in Clause 1 of this Article (except the cases where such victims have not requested it);

b) Forcible restoration of legal rights of the victims, for the violations specified at Points a and b, Clause 2 of this Article;

c) Forcible removal, modification, replacement or correction of works and cultural products that contain gender prejudice contents, promote or propagate gender discrimination. If not removed, modified, replaced or corrected, such works and cultural products must be subject to forcible destruction, for the violations specified at Point a, Clause 3 of this Article;

d) Forcible modification or abolition of regulations that contain gender-based discrimination contents in village codes or community conventions, for the violations specified at Point c, Clause 3 of this Article;

dd) Forcible payment of all reasonable health examination and treatment costs, for the violations specified at Point b, Clause 1 and Point a, Clause 2 of this Article in the case where the administrative violation causes health and mental damage to the victims;

e) Forcible return of illegal profits obtained from committing the violations, for the violations specified in Clause 3 of this Article.

6. Acts of running advertisements that contain gender prejudice contents shall be sanctioned in accordance with the Government's Decree providing penalties for administrative violations in the fields of culture and advertising.

Article 12. Administrative violations against regulations on gender equality in health

1. A warning shall be imposed for the act of instigating a person not to participate in activities of health education, communication on health care, reproductive health and use of medical services due to gender prejudice.

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

a) Offending the honor and dignity of participants in activities of health education, communication on health care, reproductive health and use of medical services due to gender prejudice;

b) Delaying to or failing to provide sufficient and timely documents in accordance with regulations for participants in activities of health education, communication on health care, reproductive health and use of medical services due to gender prejudice.

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

a) Obstructing or preventing a person from participating in activities of education and communication on health care, reproductive health and use of medical services due to gender prejudice;

b) Threatening to use force or mentally intimidating a person who participates in activities of education and communication on health care, reproductive health and use of medical services due to gender prejudice.

4. A fine of between VND 5,000,000 and VND 7,000,000 shall be imposed for the act of using force to prevent a person from participating in activities of health education, communication on health care, reproductive health and use of medical services due to gender prejudice.

5. Administrative violations of choosing gender for the unborn babies in any form or inciting and forcing a person to have an abortion due to the unborn baby’s gender shall be sanctioned in accordance with the Government's Decree providing penalties for administrative violations in the health sector.

6. Additional penalties:

Confiscation of material evidence and means used for committing administrative violations, for the violations specified in Clause 4 of this Article.

7. Remedial measures:

a) Forcible public apology to the victims, for the violations specified at Point a, Clause 2 and Point b, Clause 3 of this Article (except the cases where such victims have not requested it);

b) Forcible restoration of legal rights of the victims, for the violations specified at Point b, Clause 2, Point a, Clause 3 and Clause 4 of this Article;

c) Forcible payment of all reasonable health examination and treatment costs, for the violations specified at Point b, Clause 3 and Clause 4 of this Article in the case where the administrative violation causes health and mental damage to the victims.

Article 13. Administrative violations against regulations on gender equality in families

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

a) Obstructing or preventing family members from conducting income-generating activities or satisfying other needs of the family for gender grounds;

b) Unequally treating family members for gender grounds.

2. A fine of between VND 5,000,000 and VND 7,000,000 shall be imposed for any of the following violations:

a) Threatening to use force or mentally intimidating to prevent family members who have all qualifications in accordance with the law provisions from participating in the determination of assets under common ownership of the family for gender grounds;

b) Imposing the performance of family work and the taking of contraceptive measures as though these are the responsibilities of members of one certain gender.

3. A fine of between VND 7,000,000 and VND 10,000,000 shall be imposed for the act of using force to prevent family members who have all qualifications in accordance with the law provisions from participating in the determination of assets under common ownership of the family for gender grounds.

4. Additional penalties:

Confiscation of material evidence and means used for committing administrative violations, for the violations specified in Clause 3 of this Article.

5. Remedial measures:

a) Forcible public apology to the victims, for the violations specified in Clauses 1, 2 and 3 of this Article (except the cases where such victims have not requested it);

b) Forcible payment of all reasonable health examination and treatment costs, for the violations specified in Clauses 2 and 3 of this Article in the case where the administrative violation causes health and mental damage to the victims;

c) Forcible  restoration of legal rights of the victims, for the violations specified in Clause 1, Point a Clause 2 and Clause 3 of this Article.

 

Chapter III

COMPETENCE TO MAKE MINUTES AND IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS

 

Article 14. Competence to make minutes of administrative violations

Persons competent to make minutes for administrative violations against regulations on gender equality specified in this Decree include:

1. Persons competent to impose penalties for administrative violations specified in Articles 15, 16, 17, 18 and 19 of this Decrees in accordance with their assigned functions, tasks and powers.

2. Civil servants, public employees, and persons of the People's Army and People's Public Security who are performing official duties, examination and inspection of the implementation of laws on gender equality.

Article 15. Competence to impose penalties for administrative violations of Chairpersons of People’s Committees at all levels

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

a) Impose a warning;

b) Impose a fine of up to VND 3,000,000;

c) Confiscate material evidence and means used for committing administrative violations with a value not exceeding VND 6,000,000.

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

a) Impose a warning;

b) Impose a fine of up to VND 15,000,000;

c) Deprive the right to use the operating license for a definite time;

d) Confiscate material evidence and means used for committing administrative violations with a value not exceeding VND 30,000,000;

dd) Apply remedial measures specified in Clause 3, Article 4 of this Decree.

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

a) Impose a warning;

b) Impose a fine of up to VND 30,000,000;

c) Deprive the right to use the operating license for a definite time;

d) Confiscate material evidence and means used for committing administrative violations;

dd) Apply remedial measures specified in Clause 3, Article 4 of this Decree.

Article 16. Competence to impose penalties for administrative violations of the Inspectorates

1. Inspectors and persons assigned to perform specialized inspection tasks who are on duty shall have the power to impose a warning.

2. Heads of provincial-level specialized inspection teams and Chief inspectors of provincial-level Departments shall have the power to:

a) Impose a warning;

b) Impose a fine of up to VND 15,000,000;

c) Deprive the right to use the operating license for a definite time;

d) Confiscate material evidence and means used for committing administrative violations with a value not exceeding VND 30,000,000;

dd) Apply remedial measures specified in Clause 3, Article 4 of this Decree.

2. Heads of ministerial-level specialized inspection teams shall have the power to:

a) Impose a warning;

b) Impose a fine of up to VND 21,000,000;

c) Deprive the right to use the operating license for a definite time;

d) Confiscate material evidence and means used for committing administrative violations with a value not exceeding VND 42,000,000;

dd) Apply remedial measures specified in Clause 3, Article 4 of this Decree.

4. Ministerial-level Chief Inspectors and heads of agencies assigned to perform specialized inspection tasks shall have the power to:

a) Impose a warning;

b) Impose a fine of up to VND 30,000,000;

c) Deprive the right to use the operating license for a definite time;

d) Confiscate material evidence and means used for committing administrative violations;

dd) Apply remedial measures specified in Clause 3, Article 4 of this Decree.

Article 17. Competence to impose penalties for administrative violations of People’s Public Security

1. People’s Public Security officers who are on duty shall have the power to impose a warning.

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

a) Impose a warning;

b) Impose a fine of up to VND 900,000.

3. Chiefs of commune-level police offices, Chiefs of police stations, Heads of mobile police battalions, and heads of marine squads shall have the power to:

a) Impose a warning;

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

c) Confiscate material evidence and means used for committing administrative violations with a value not exceeding VND 3,000,000.

4. Chiefs of district-level police offices; Heads of professional divisions of the Police Department for Administrative Management of Social Order; Heads of professional divisions of the Department for Cyber Security and Hi-Tech Crime Prevention and Combat; and Heads of divisions of provincial-level Departments of Public Security, including Heads of Police Divisions for Administrative Management of Social Order, Heads of Police Divisions for Investigation of Crimes on Social Order, Heads of Cyber Security and Hi-Tech Crime Prevention and Combat Divisions shall have the power to:

a) Impose a warning;

b) Impose a fine of up to VND 6,000,000;

c) Deprive the right to use the operating license for a definite time;

d) Confiscate material evidence and means used for committing administrative violations with a value not exceeding VND 12,000,000;

dd) Apply remedial measures specified in Clause 3, Article 4 of this Decree.

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

a) Impose a warning;

b) Impose a fine of up to VND 15,000,000;

c) Deprive the right to use the operating license for a definite time;

d) Confiscate material evidence and means used for committing administrative violations with a value not exceeding VND 30,000,000;

dd) Apply remedial measures specified in Clause 3, Article 4 of this Decree.

6. The Director of the Police Department for Administrative Management of Social Order, Director of the Department for Investigation of Crimes on Social Order, Director of the Department for Cyber Security and Hi-Tech Crime Prevention and Combat shall have the power to:

a) Impose a fine of up to VND 30,000,000;

b) Deprive the right to use the operating license for a definite time;

c) Confiscate material evidence and means used for committing administrative violations;

d) Apply remedial measures specified in Clause 3, Article 4 of this Decree.

Article 18. Competence to impose penalties for administrative violations of the Border guards

1. Border guard soldiers who are on duty shall have the power to impose a warning.

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

a) Impose a warning;

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

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

a) Impose a warning;

b) Impose a fine of up to VND 3,000,000;

c) Confiscate material evidence and means used for committing administrative violations with a value not exceeding VND 6,000,000;

d) Apply remedial measures specified at Point dd, Clause 3, Article 4 of this Decree.

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

a) Impose a warning;

b) Impose a fine of up to VND 6,000,000;

c) Confiscate material evidence and means used for committing administrative violations with a value not exceeding VND 12,000,000;

d) Apply remedial measures specified at Points b, c, d, e, g and h, 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 shall have the power to:

a) Impose a warning;

b) Impose a fine of up to VND 15,000,000;

c) Confiscate material evidence and means used for committing administrative violations with a value not exceeding VND 30,000,000;

d) Apply remedial measures specified in Clause 3, Article 4 of this Decree.

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

a) Impose a warning;

b) Impose a fine of up to VND 30,000,000;

c) Deprive the right to use the operating license for a definite time;

d) Confiscate material evidence and means used for committing administrative violations;

dd) Apply remedial measures specified in Clause 3, Article 4 of this Decree.

Article 19. Competence to impose penalties for administrative violations of the Marine Police

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

a) Impose a warning;

b) Impose a fine of up to VND 600,000.

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

a) Impose a warning;

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

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

a) Impose a warning;

b) Impose a fine of up to VND 3,000,000.

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

a) Impose a warning;

b) Impose a fine of up to VND 6,000,000;

c) Confiscate material evidence and means used for committing administrative violations with a value not exceeding VND 12,000,000;

d) Apply remedial measures specified at Point 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 shall have the power to:

a) Impose a warning;

b) Impose a fine of up to VND 9,000,000;

c) Confiscate material evidence and means used for committing administrative violations with a value not exceeding VND 18,000,000;

d) Apply remedial measures specified at Point 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 shall have the power to:

a) Impose a warning;

b) Impose a fine of up to VND 15,000,000;

c) Confiscate material evidence and means used for committing administrative violations with a value not exceeding VND 30,000,000;

d) Apply remedial measures specified at Point b, Clause 3, Article 4 of this Decree.

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

a) Impose a warning;

b) Impose a fine of up to VND 30,000,000;

c) Deprive the right to use the operating license for a definite time;

d) Confiscate material evidence and means used for committing administrative violations;

dd) Apply remedial measures specified at Point b, Clause 3, Article 4 of this Decree.

Article 20. Determination of competence to impose penalties for administrative violations

1. Chairpersons of People’s Committees at all levels shall be competent to impose penalties for administrative violations and apply remedial measures (if any) for acts of administrative violations specified in Chapter II of this Decree in accordance with the competence and within localities under their management specified in Article 15 of this Decree.

2. The Inspectorate of the Labor, Invalids and Social Affairs sector shall be competent to impose penalties for administrative violations and apply remedial measures (if any) for acts of administrative violations specified in Chapter II of this Decree in accordance with the competence specified in Article 16 of this Decree and within the scope of assigned tasks and powers.

3. The Inspectorate of the Planning and Investment sector shall be competent to impose penalties for administrative violations and apply remedial measures (if any) for acts of administrative violations specified in Article 7 of this Decree in accordance with the competence specified in Article 16 of this Decree and within the scope of assigned tasks and powers.

4. The Inspectorate of the Education sector shall be competent to impose penalties for administrative violations and apply remedial measures (if any) for acts of administrative violations specified in Article 9 of this Decree in accordance with the competence specified in Article 16 of this Decree and within the scope of assigned tasks and powers.

5. The Inspectorate of the Science and Technology sector shall be competent to impose penalties for administrative violations and apply remedial measures (if any) for acts of administrative violations specified in Article 10 of this Decree in accordance with the competence specified in Article 16 of this Decree and within the scope of assigned tasks and powers.

6. The Inspectorate of the Culture, Sports and Tourism sector shall be competent to impose penalties for administrative violations and apply remedial measures (if any) for acts of administrative violations specified in Articles 11 and 13 of this Decree in accordance with the competence specified in Article 16 of this Decree and within the scope of assigned tasks and powers.

7. The Health Inspectorate shall be competent to impose penalties for administrative violations and apply remedial measures (if any) for acts of administrative violations specified in Article 12 of this Decree in accordance with the competence specified in Article 16 of this Decree and within the scope of assigned tasks and powers.

8. The Inspectorate of the Information and Communications sector shall be competent to impose penalties for administrative violations and apply remedial measures (if any) for acts of administrative violations specified at Points c and d, Clause 1, Article 6 of this Decree in accordance with the competence specified in Article 16 of this Decree and within the scope of assigned tasks and powers.

9. The People's Public Security Force shall be competent to impose penalties for administrative violations and apply remedial measures (if any) for acts of administrative violations specified in Articles 6, 7, 9, 11 , 12 and 13 of this Decree in accordance with the competence specified in Article 17 of this Decree and within the scope of assigned tasks and powers.

10. The Border Guard shall be competent to impose penalties for administrative violations and apply remedial measures (if any) for acts of administrative violations specified in Articles 6, 7, 8, 9, 11, 12 and 13 of this Decree in accordance with the competence specified in Article 18 of this Decree and within the scope of assigned tasks and powers.

11. The Marine Police shall be competent to impose penalties for administrative violations and apply remedial measures (if any) for acts of administrative violations specified in Clauses 1, 2 and 3, Article 9, Point c Clause 2 Article 11, Point b Clause 1 Article 13 of this Decree in accordance with the competence specified in Article 19 of this Decree and within the scope of assigned tasks and powers.

 

Chapter IV

IMPLEMENTATION PROVISIONS

 

Article 21. Effect

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

2. The Government’s Decree No. 55/2009/ND-CP dated June 10, 2009, providing penalties for administrative violations against regulations on gender equality ceases to be effective from the effective date of this Decree.

Article 22. Transitional provisions

1. For administrative violations against regulations on gender equality occurring before the date on which this Decree takes effect but then detected or being considered and settled, if this Decree does not prescribe the liability or prescribe lighter liability for violating individuals and organizations, the provisions of this Decree shall prevail.

2. For decisions on imposing penalties for administrative violations that have been issued or have been completed before the date on which this Decree takes effect but still under complaint, the provisions of the Government’s Decree No. 55/2009/ND-CP dated June 10, 2009, providing penalties for administrative violations against regulations on gender equality, shall prevail.

Article 23. Responsibilities for implementation

1. The Ministry of Labor, Invalids and Social Affairs shall be responsible for organizing the implementation of this Decree.

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

On behalf of the Government

For the Prime Minister

The Deputy Prime Minister

VU DUC DAM