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Date : 2020-06-27

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

Pursuant to the Law on Handling administrative violations dated June 20, 2012;

Pursuant to the June 29, 2001 Law on Fire Prevention and Fighting;

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

Pursuant to the November 21, 2007 Law on Domestic Violence Prevention and Control;

Pursuant to the December 9, 2000 Law on Drug Prevention and Combat and the June 3, 2008 Law Amending and Supplementing a Number of Articles of the Law on Drug Prevention and Combat;

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

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

Pursuant to the Ordinance on Prevention and Combat of Prostitution on March 17, 2003;

Pursuant to the June 30, 2011 Ordinance on Management and Use of Weapons, Explosives and Supporting Tools and the Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Management and Use of Weapons and Materials explosives and combat gears July 12, 2013;

At the request of the Minister of Public Security;

The Government promulgates a Decree on penalties for administrative violations against regulations on social security, order and safety; Prevention of social evils; fire prevention and fighting; domestic violence prevention and control,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope

1. This Decree prescribes acts of administrative violation, sanctioning forms and levels, remedial measures for each act of administrative violation, competence to make records, competence to sanction and levels of to impose a specific fine according to each title for administrative violations in the field of security, social order and safety; Prevention of social evils; fire prevention and fighting; prevention and control of domestic violence.

2. Acts of administrative violation in other areas directly related to the field of security, social order and safety; Prevention of social evils; fire prevention and fighting; prevention and control of domestic violence that are not prescribed in this Decree, the provisions of other Government's Decrees on sanctioning of administrative violations in the field of related state management shall apply.

Article 2. Subjects of application

1. Vietnamese individuals and organizations; foreign individuals and organizations that commit administrative violations in the field of security, social order and safety; Prevention of social evils; fire prevention and fighting; preventing and combating domestic violence within the territory, inland waters, territorial waters, contiguous zones, exclusive economic zones and continental shelves of the Socialist Republic of Vietnam; aircraft with Vietnamese nationality and ships flying the Vietnamese national flag shall be sanctioned in accordance with this Decree and other relevant provisions of law on sanctioning of administrative violations.

2. Agencies and persons competent to sanction administrative violations in the field of social security, order and safety; Prevention of social evils; fire prevention and fighting; preventing and combating domestic violence and related individuals and organizations.

3. In cases where an international treaty of which the Socialist Republic of Vietnam is a member contains different provisions, such international treaty shall apply.

Article 3.- Forms of sanctioning administrative violations and remedial measures

1. For each act of administrative violation in the field of security, social order and safety; Prevention of social evils; fire prevention and fighting; Violation and prevention of domestic violence, violating individuals and organizations shall be subject to one of the following principal sanctions:

a) Caution;

b) Fine.

2. Based on the nature and seriousness of violations, individuals and organizations committing administrative violations in the field of security, social order and safety; Prevention of social evils; fire prevention and fighting; domestic violence prevention and control may also be subject to one or more of the following additional sanctions:

a) Deprivation of the right to use licenses, professional practice certificates for a definite time or suspension of operation for a definite time;

b) Confiscate material evidences and / or means used for administrative violations (hereinafter collectively referred to as material evidences and means of administrative violations).

3. Apart from remedial measures prescribed in Clause 1, Article 28 of the Law on Handling Administrative Violations, individuals and organizations that commit administrative violations in the field of security, social order and safety ; Prevention of social evils; fire prevention and fighting; domestic violence prevention and control may also be subject to one or many of the following remedies:

a) Forcible reduction of the volume and quantity of substances or goods at risk of fire and explosion according to the prescribed norms;

b) Forcible relocation of dangerous substances on fire or explosion caused by administrative violations to storehouses or locations according to regulations;

c) Force rearrangement of substances and goods at risk of fire and explosion according to regulations;

d) Forced to recover, cancel papers, documents and information related to administrative violations;

d) Forced public apology when the victim so requested;

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

4. The application of expulsion penalty to foreigners may be the principal or additional sanctioning form.

Article 4. Provisions on fine levels

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

2. The fine levels specified in Chapter II of this Decree are applied to individuals who commit administrative violations. For organizations that commit the same violations, the fine level is twice (two) times the fine level for individuals.

Chapter 2.

ACTS OF ADMINISTRATIVE VIOLATION, SANCTIONING FORMS AND MEASURES

SECTION 1. ADMINISTRATIVE VIOLATION REGARDING SECURITY, ORDER AND SOCIAL SAFETY

Article 5. Violation of regulations on public order

1. Caution or a fine of between VND 100,000 and 300,000 for one of the following acts:

a) Committing cruel, provocative, teasing, insulting words and dignity of other people;

b) Causing disorder in theaters, cinemas, cultural houses, clubs, art performance places, places of physical training and sports activities, festivals, exhibitions, fairs, posts offices, organizations, residential areas, schools, hospitals, railway stations, wharves, bus stations, on the street, at the border gate areas, ports or in other public places;

c) Leaving domestic animals unattended in cities, towns or public places.

2. A fine of between VND 500,000 and 1,000,000 for one of the following acts:

a) Fighting or inciting others to fight;

b) Report false information to competent state agencies;

c) Drunk, beer causes public disorder;

d) Throwing bricks, earth, stones, sand or other objects into houses, means of transport, people, objects and property of others;

d) Gathering many people in public places to cause public disorder;

e) Letting livestock cause property damage to others;

g) Flying kites, balloons, playing aircraft, remotely operated flying saucers or other flying objects in the airport or restricted areas; burning and dropping "sky lanterns";

h) Harassing, causing trouble for other people when handling, transporting or storing luggage at wharves, bus stations, airports, ports, railway stations and other public places.

3. A fine of between VND 2,000,000 and 3,000,000 for one of the following acts:

a) Storing, hiding in person, objects, vehicles of all kinds, knives, hammers, tools and means commonly used in labor and daily activities for the purpose of disturbing public order , intentionally causing injury to others;

b) Enticing or inciting other people to cause disturbance or to cause public disorder;

c) Hiring or inducing other people to fight;

d) Causing disorder at the trial, the place where the judgment is executed or other acts obstructing the trial and judgment execution activities;

d) Causing disorder at the place where the enforcement decision is held;

f) Harming or hiring others to harm the health of others;

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

h) Causing disruption or obstructing the normal operation of agencies and organizations;

i) Gathering illegal people in public places or prohibited places and areas;

j) Organizing and creating conditions for other people to marry foreigners in contravention of fine traditions and customs or contrary to law provisions, affecting social security, order and safety;

l) Writing, distributing and circulating documents with misrepresentation and slanderous content that affect the reputation of organizations and individuals;

m) Storing and transporting "sky lights".

4. A fine of between VND 3,000,000 and 5,000,000 for one of the following acts:

a) Causing public disorder with rudimentary weapons or support tools;

b) Producing, importing and trading "sky lanterns".

5. Additional sanctioning forms:

Confiscation of material evidences and means of administrative violations, for acts prescribed at Point g, Clause 2; Points a, l, m Clause 3 and Clause 4 of this Article.

6. Foreigners who commit administrative violations prescribed at Point k, Clause 3 of this Article, depending on the seriousness of their violations, may be subject to the sanction of expulsion from the Socialist Republic of Vietnam. .

Article 6. Violation of regulations on assurance of common quiet

1. Caution or a fine of between VND 100,000 and 300,000 for one of the following acts:

a) Causing loud noises, making noises or making noise in residential areas or public places during the period from 22:00 of the previous day to 06:00 of the following day;

b) Failing to comply with the regulations on keeping quiet of hospitals, sanatoriums, schools or other places where regulations on keeping the common quiet are required;

c) Selling food, drink or refreshments beyond the time limit prescribed by the People's Committee of the province or city directly under the Central Government.

2. A fine of between VND 300,000 and VND 500,000 for the following acts: Using loudspeakers, gongs, drums, whistles, trumpets or other means to promote in public places without permission of competent agencies. .

3. Additional sanctioning forms:

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

Article 7. Violation of regulations on general sanitation

1. Caution or a fine of between VND 100,000 and 300,000 for one of the following acts:

a) Failing to comply with regulations on sweeping and clearing sewers in and around houses, agencies, enterprises and barracks causing general unhygienic conditions;

b) Pour water or let it flow to dormitories, roadbeds, sidewalks, railway stations, car terminals, on public transport means or other places, causing general unsanitary;

c) Urination, defecation in the street, on the common walkways in public areas and residential areas;

d) Leaving livestock, poultry or other domestic animals defecating in public places;

d) Taking and transporting garbage and waste by rudimentary means of transport in cities and towns in order to let them be scattered or unsanitary;

f) Raising cattle, poultry and animals that cause unsanitary conditions in a residential area.

2. A fine of between VND 1,000,000 and VND 2,000,000 for one of the following acts:

a) Dumping and throwing wastes, dirt or other substances to contaminate other people's houses, agencies, working offices, production and / or business places;

b) Arbitrarily burning garbage, waste, toxins or other dangerous substances in residential areas or public places;

c) Dump garbage, waste or anything else into manholes, public drainage systems, on sidewalks, road beds;

d) Leaving garbage, waste, animal carcasses or anything else causing pollution in public places or places where fountains, wells, ponds, lagoons and lakes are used by people everyday for their daily activities. unsanitary.

3. Remedy:

a) Forcible application of measures to overcome the environmental pollution, for acts prescribed at Points b, c, d, dd and e, Clause 1 and Points b and d, Clause 2 of this Article;

b) Forced restoration of the original state, for acts prescribed at Points a and c, Clause 2 of this Article.

Article 8. Violation of regulations on residence registration and management

1. A fine of 100,000 to 300,000 VND for one of the following acts:

a) The individual or the household head fails to comply with regulations on permanent residence registration, temporary residence registration or adjustment of changes in the household registration book or temporary residence book;

b) The individual or the household head fails to comply with regulations on notification of stay or temporary absence;

c) Failure to comply with the household registration, temporary residence check, stay inspection or failing to present the household registration book, temporary residence book, and other papers related to residence at the request of the competent authority.

2. A fine of between VND 1,000,000 and VND 2,000,000 for one of the following acts:

a) Erasing, erasing, modifying or committing other acts to falsify the contents of the household registration book, temporary residence book or other papers related to residence;

b) Providing false information and documents on residence;

c) Renting or leasing the household registration book, temporary residence book and other papers related to the residence to commit acts in contravention of law provisions;

d) Using family register, temporary residence book and other papers related to residence to commit acts in contravention of law provisions;

d) The business establishment of residence does not notify the stay with the police office as prescribed when people come to stay;

e) Inciting, inciting, inducing, inducing, broking or forcing others to violate the law on residence.

3. A fine of between VND 2,000,000 and 4,000,000 for one of the following acts:

a) Giving false statements, forging documents and papers to register permanent residence, temporary residence, issue household registration book, temporary residence book;

b) Forging household registration books, temporary residence books or forging conditions for permanent residence registration;

c) Using fake family register and temporary residence book;

d) Permitting other people to register their residence in their own places for self-seeking purposes or in fact, the residents do not live there;

d) Individuals and household heads allow other people to join the household registration in the same place of their residence but do not ensure the minimum area per capita as prescribed;

f) Signing indefinite-term labor contracts with laborers who do not belong to their enterprises for household registration;

g) Using a labor contract in contravention of law provisions to register a household;

h) Failing to declare the temporary residence for foreigners to rent houses to stay.

4. Additional sanctioning forms:

Confiscation of material evidences and means of administrative violations, for acts prescribed at Point a, Clause 2; Points a, b and c, Clause 3 of this Article.

5. Remedies:

a) Forcible revocation of household registration books, temporary residence books and other papers related to residence, for acts prescribed at Point a, Clause 2; Point a Clause 3 of this Article;

b) Forcible cancellation of untruthful information and documents, for acts prescribed at Point b, Clause 2 of this Article;

c) Force to submit illicit benefits gained from committing acts of administrative violation specified in Point d, Clause 3 of this Article;

d) Forced to cancel the labor contract in contravention of law in order to enter the household registration as prescribed at Points e and g, Clause 3 of this Article.

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

1. Warning or a fine of between VND 100,000 and VND 200,000 for one of the following acts:

a) Failure to present identity card upon the inspection request of the competent person;

b) Failure to comply with regulations of law on new issuance, reissuance or replacement of identity card;

c) Failure to comply with regulations of law on revocation and custody of identity card at the request of competent persons.

2. A fine of between VND 1,000,000 and VND 2,000,000 for one of the following acts:

a) Using the identity card of another person to commit acts in contravention of law provisions;

b) Erasing, correcting identity card;

c) Renting, borrowing or letting others rent or lend identity cards to commit acts in contravention of law.

3. A fine of between VND 2,000,000 and 4,000,000 for one of the following acts:

a) Making false statements, falsifying documents, providing untruthful information and documents in order to be granted identity card;

b) Forging identity cards;

c) Using fake identity card.

4. A fine of between VND 4,000,000 and 6,000,000 for acts of mortgaging identity cards to commit acts contrary to law provisions.

5. Additional sanctioning forms:

Confiscation of material evidences and means of administrative violations, for acts prescribed at Point b, Clause 2 and Clause 3 of this Article.

6. Remedies:

Forcible revocation of identity card, for acts prescribed at Point b, Clause 2 of this Article.

Article 10. Violation of regulations on the management of the use of weapons, explosive materials, combat gears, firecrackers and dangerous toys

1. A fine of between VND 500,000 and VND 1,000,000 for one of the following acts:

a) Failure to implement or improperly and adequately providing regulations on periodic inspection of weapons, explosives and combat gears equipped;

b) Violating the regime of preserving weapons, explosive materials and supporting tools;

c) Letting children use banned dangerous toys;

d) Circulating licenses for management and use of weapons, explosives, combat gears and fireworks are no longer valid.

2. A fine of between VND 1,000,000 and VND 2,000,000 for one of the following acts:

a) Failure to declare and register all weapons, explosives and combat gears with a competent authority;

b) Using types of firecrackers without permission.

3. A fine of between VND 2,000,000 and 4,000,000 for one of the following acts:

a) Destroying, intentionally damaging, giving, gifting, sending, borrowing, lending, renting, leasing, pledging, mortgaging weapons, explosive materials or combat gears;

b) Exchanging, trading, counterfeiting, correcting, erasing, borrowing, lending, renting, leasing, pledging, mortgaging or damaging licenses, certificates and certifications of management , use of weapons, explosives, combat gears and fireworks;

c) Fail to immediately notify the competent authority of the loss of licenses, certificates, or certificates of management and use of weapons, explosives, combat gears and fireworks;

d) Using weapons, explosives and combat gears in contravention of regulations but not yet causing consequences;

d) Using weapons and support tools without a license;

f) Delivering weapons and support instruments to people who do not meet the conditions and criteria for use;

g) Failing to hand over weapons, explosive materials and combat gears as prescribed.

4. A fine of between VND 5,000,000 and VND 10,000,000 for one of the following acts:

a) Buying and selling discarded materials and faulty products as weapons, explosive materials and supporting tools;

b) Violation of safety regulations on transportation of weapons, explosives and combat gears;

c) Sawing or removing bombs, mines, bullets, grenades, mines and other weapons to get explosives illegally;

d) Illegally producing, storing, trading, transporting firecrackers, firecrackers and dangerous toys;

d) Losing weapons, support instruments.

5. A fine of between VND 10,000,000 and VND 20,000,000 for one of the following acts:

a) Producing and repairing rudimentary weapons and support instruments without a license;

b) Producing and repairing banned toys;

c) Buying, selling, transporting, storing rudimentary weapons and support instruments without a license;

d) Illegally buying, selling, transporting or storing sports weapons;

d) Transporting weapons, military weapons details, explosive accessories, combat gears without a permit or license but not in compliance with the license or without other papers. according to regulations of the Law;

f) Selling industrial explosives and high-content Ammonium Nitrate (98.5% or more) to units that have not yet been issued with certificates of satisfaction of security, order and license to use explosive materials. industry or high content of Ammonium Nitrate (from 98.5% or more) or written approval of competent state agencies.

6. A fine of between VND 20,000,000 and VND 40,000,000 for one of the following acts:

a) Illegally manufacturing, manufacturing and repairing military weapons, sporting weapons and hunting rifles;

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

7. Acts of administrative violation in the field of management of industrial explosives shall be handled according to the Government's Decree and other legal documents related to the regulations on sanctioning of administrative violations. in chemical, fertilizer, industrial explosive management.

8. Additional sanctioning forms:

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

b) Deprivation of the right to use licenses to use weapons and support instruments for between 3 and 6 months, for acts prescribed at Point e, Clause 3 of this Article;

c) Deprivation of the right to use permits, certificates and certificates of management and use of weapons, explosive materials, combat gears and fireworks for 9 to 12 months for administrative violations vi prescribed at Points a, b, d, Clause 3; Point b, Clause 4 of this Article.

9. Remedies:

Forcible revocation or cancellation of licenses, certificates, certificates of management and use of weapons, explosives, combat gears and fireworks, for acts prescribed at Point b, Clause 3 of this Article.

Article 11.- Violation of regulations on management of business lines and trades involving security and order conditions

1. A fine of between VND 500,000 and VND 1,000,000 for one of the following acts:

a) Employing people who do not meet the conditions and criteria to work in business establishments with security and order conditions;

b) Failing to present the certificate of satisfaction of security and order conditions when there is a request for inspection by a competent authority;

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

d) Failing to fully comply with the regulations on security and order management for conditional business lines.

2. A fine of between VND 2,000,000 and 5,000,000 for one of the following acts:

a) Doing business not at the right business lines, places or places stated in the certificates of satisfaction of security and order conditions;

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

c) Lending, leasing, buying or selling certificates of satisfaction of security and order conditions to commit acts in contravention of law provisions;

d) Accepting the pledge of property which, according to regulations, must possess ownership but does not contain those documents;

d) Receiving property pledge but without a contract as prescribed;

f) To mortgage assets owned by other persons without his / her valid power of attorney for the property bearers to mortgage;

g) To preserve pledged properties not at the places registered with the competent agencies;

h) Doing business in dancing halls, prize-winning electronic games for foreigners and casinos without security as employees of security service companies as prescribed;

i) Selling or giving out the vehicle's signaling device is given priority to those who do not have the license to use such equipment of the competent authority.

3. A fine of between VND 5,000,000 and VND 15,000,000 for one of the following acts:

a) Doing business in lines subject to security and order without a certificate of satisfaction of security and order conditions;

b) Modify and erase the certificate of satisfaction of security and order conditions;

c) Fail to maintain properly and fully conditions for security and order in the course of business activities;

d) Lending money with mortgage, but the lending interest rate exceeds 150% of the basic interest rate announced by the State Bank of Vietnam at the time of lending.

4. A fine of between VND 20,000,000 and VND 30,000,000 for one of the following acts:

a) Using business establishments that provide conditional security and order to organize social evils or law-breaking acts;

b) Pledge of property due to theft, fraud, appropriation or other criminal acts.

5. Additional sanctioning forms:

a) Deprivation of the right to use licenses, professional practice certificates or certificates of satisfaction of security and order conditions for between 3 and 6 months, for acts prescribed at Points a and c, Clause 2; Point d Clause 3 of this Article;

b) Deprivation of the right to use licenses, professional practice certificates or certificates of satisfaction of security and order conditions for between 6 and 9 months, for acts specified in Clause 4 of this Article.

6. Foreigners who commit administrative violations specified in Clauses 2, 3 and 4 of this Article, depending on the seriousness of their violations, may be subject to the sanction of expulsion from the Socialist Republic. Vietnameseism.

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

1. A fine of between VND 500,000 and VND 1,000,000 for one of the following acts:

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

b) Failing to re-register the seal specimen with competent agencies as prescribed.

2. A fine of between VND 2,000,000 and 3,000,000 for one of the following acts:

a) Carving all kinds of seals without permits for seal engraving or other papers as prescribed;

b) Using a seal that has not yet been registered for deposit of seal specimen or without a certificate of seal specimen registration;

c) Arbitrarily bringing the seal out of an agency or unit without permission of a competent authority;

d) Fail to immediately notify the competent authority of the loss of the seal currently in use;

dd) Do not exchange the seal when there is a decision of a competent authority on changing the name of the agency or organization using the seal or changing the name of the superior agency or changing the head office of the agency or organization related to the sample sign;

e) Do not re-engrave the seal on the prescribed form;

g) Failing to return the seal and certificate of seal sample registration when the decision of the competent authority takes effect on division, merger, consolidation, dissolution, termination of tasks, conversion of formality possesses or terminates the operation of an agency, organization or suspends the use of the seal;

h) Failure to notify the seal specimen to competent authorities before use;

i) Failing to present the seal and certificate of seal sample registration at the request of the competent authority.

3. A fine of between VND 3,000,000 and 5,000,000 for one of the following acts:

a) Failing to return the seal, certificate of seal sample registration or failing to return the seal on time when there is a decision of revocation of the competent authority;

b) Affix the seal on documents and papers without the signature of the competent person or the signature of the unauthorized person;

c) Borrow, lend or use seals of other agencies or organizations to operate;

d) Producing legal entity seals not according to the prescribed procedures.

4. A fine of between VND 5,000,000 and VND 10,000,000 for one of the following acts:

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

b) Illegally using seals brought from abroad into Vietnam;

c) Forging documents to make additional seals of agencies or organizations;

d) Carving fake seals or using fake seals.

5. Additional sanctioning forms:

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

b) Deprivation of the right to use licenses, professional practice certificates for between 3 and 6 months, for acts prescribed at Point a, Clause 2; Point d Clause 3 of this Article.

6. Remedies:

a) Forced withdrawal of seals, for acts prescribed at Points b, dd and e, Clause 2; Point c, Clause 3; Points c and d, Clause 4 of this Article;

b) Forced withdrawal of seals, certificates of seal sample registration for acts prescribed at Point g, Clause 2; Point a Clause 3 of this Article;

c) Forcible cancellation of documents, papers with improper stamps, for acts prescribed at Point b, Clause 3 of this Article.

7. Foreigners who commit administrative violations specified in Clauses 3 and 4 of this Article, depending on the seriousness of their violations, may be subject to the sanction of expulsion from the Socialist Republic of Vietnam. Male.

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

1. Caution or a fine of between VND 100,000 and 300,000 for one of the following acts:

a) Security guards do not wear uniforms or signboards or use signboards in contravention of regulations when performing security duties;

b) Having no certificate of security guard issued by enterprise director.

2. A fine of 200,000 VND to 500,000 VND for one of the following acts:

a) Failure to notify the competent authority of the location of the head office or protection objectives, the time of commencement of operation of the enterprise, branch or representative office; failing to report periodically or failing to immediately notify the competent agencies of the loss of certificates of eligibility for security and order;

b) Failing to present the certificate of eligibility for security and order to provide security services upon the inspection request of the competent authority;

c) Employing security guards who have not been trained or have been granted security guard certificates;

d) Failing to perform or insufficiently providing training and testing for security guards.

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

a) Conduct business activities other than security services, except for the case specified in Point c Clause 4 of this Article;

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

c) Failing to issue security guards certificates or signboards for security guards;

d) Recruiting security guards not meeting the prescribed conditions and criteria.

4. A fine of between VND 5,000,000 and VND 10,000,000 for one of the following acts:

a) Providing security services without certificates of satisfaction of security and order conditions for providing security services;

b) Equipping uniforms, signboards, badges and hats for security guards in contravention of regulations;

c) Investigation and private detectives in any form;

d) Lending others the names of organizations and individuals to set up security service business enterprises;

d) Establishing a security service business to let others do business;

f) Training and granting security service certificates to security guards without permission or outside their competence;

g) Providing security services but not signing contracts with individuals or organizations hiring security services;

h) Hire security services but request security guards to use force or commit illegal acts, infringe upon lawful rights and interests of individuals and organizations;

i) Hire security services for the purpose of threatening, obstructing or causing difficulties to normal and legal activities of individuals and organizations.

5. Additional sanctioning forms:

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

b) Deprivation of the right to use the certificate of satisfaction of security and order conditions for providing security services for between 3 and 6 months, for acts specified at Point a, Clause 3; Points c and g, Clause 4 of this Article;

c) Confiscate material evidences and / or means used for administrative violations, for acts prescribed at Point b, Clause 4 of this Article.

6. Foreigners who commit administrative violations specified in Clauses 3 and 4 of this Article, depending on the seriousness of their violations, may be subject to the sanction of expulsion from the Socialist Republic of Vietnam. Male.

Article 14. Violation of regulations on criminal procedure, execution of criminal sentences, and execution of administrative handling measures

1. Caution or a fine of between VND 100,000 and 300,000 for acts of failing to fulfill the obligations of persons subject to the application of judicial measure at communes, wards or district towns according to regulations.

2. A fine of between VND 500,000 and 1,000,000 for acts of violating the regulations on the observance of educational measures in communes, wards or townships; sending to reformatory; sending to compulsory education establishments; sending to compulsory detoxification establishments.

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

a) Violation of regulations on observance of deterrent measures: arrest, custody, detention, guarantee, ban on leaving residence, depositing money or valuable property to secure or commit acts violating other preventive measures as prescribed by law;

b) Violation of obligations of procedure participants: failing to provide documents and exhibits at lawful requests of procedural agencies and persons, failing to perform obligations of witnesses, interpreters, defense counsels and persons with rights and interests related to the case; violating regulations on observance of regulations on preservation of material evidences, sealing and property distraint or other violations according to law provisions;

c) Violation of regulations on observance of measures of custody or temporary detention; violating the regulations on enforcement of fine and property confiscation penalties.

4. A fine of between VND 2,000,000 and 3,000,000 for one of the following acts:

a) Persons who are postponed or suspended from execution of imprisonment sentences leave their residence places without the consent of the commune-level People's Committees or not present at the places of execution of the sentences or the criminal judgment-executing agencies of the localities residing after the expiry of the period of postponement or suspension of execution of imprisonment sentences;

b) Persons sentenced to imprisonment who are on bail have a judgment execution decision but are not present at the judgment execution agency according to the prescribed time limit;

c) Persons sentenced to imprisonment for suspended sentences, persons sentenced for non-custodial reform but fail to fulfill the obligations of the judgment debtors according to regulations; being absent at the request of a criminal judgment enforcement agency, the commune-level People's Committee is assigned to supervise and educate without plausible reasons or leave the residence without the consent of the Committee. commune people;

d) The person sentenced to probation does not fulfill the obligations of the person serving the judgment as prescribed; not present at the request of criminal judgment-executing agencies or commune-level People's Committees of probation places without plausible reasons; leaving the probation place without the consent of the competent person or leaving the probation place beyond the permitted time without plausible reasons;

d) Persons sentenced to residence ban but residing in places where they have been banned from residence or not present at the request of the commune-level People's Committee of the place of residence;

f) The sentenced person deprives a number of citizens' rights not to perform the obligations of the judgment debtors as prescribed;

g) Persons banned from serving certain posts, practicing certain occupations or doing certain jobs fail to fulfill the obligations of the judgment debtors according to regulations.

Article 15. Violation of regulations on damage to property of others

1. A fine of between VND 1,000,000 and VND 2,000,000 for one of the following acts:

a) Stealing property;

b) Obviously appropriating property of others;

c) Using deceitful tricks or running away to appropriate other people's property;

d) Illegally using assets of other people.

2. A fine of between VND 2,000,000 and 5,000,000 for one of the following acts:

a) Destroying or intentionally damaging other people's property;

b) Causing loss, damage or damage to properties of the State directly assigned to manage;

c) Using tricks or creating circumstances to force others to give money or property;

d) Committing frauds or frauds in brokerage, instruction to introduce services of buying, selling houses, land or other assets;

d) Buying, selling, storing or using properties of other people who are aware of such properties due to law violations;

f) Illegally seizing property of others.

3. Additional sanctioning forms:

Confiscation of material evidences and means of administrative violations, for acts prescribed at Points a, b and c, Clause 1; Points c, dd and e Clause 2 of this Article.

4. Foreigners who commit administrative violations specified in Clauses 1 and 2 of this Article, depending on the seriousness of their violations, may be subject to the sanction of expulsion from the Socialist Republic of Vietnam. Male.

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

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

2. A fine of between VND 1,000,000 and VND 2,000,000 for one of the following acts:

a) Arbitrarily moving and dismantling telephone poles, telegraphs, light poles, fences of state agencies or other public works;

b) Dismantling, destroying or doing anything else that causes damage to signs, signboards, and signs of agencies or organizations.

3. Additional sanctioning forms:

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

4. Remedies:

Forced restoration of the original state for acts prescribed in Clauses 1 and 2 of this Article.

5. Foreigners who commit administrative violations prescribed in Clause 2 of this Article, depending on the seriousness of their violations, may be subject to the sanction of expulsion from the Socialist Republic of Vietnam.

Article 17. Violation of regulations on exit, entry, transit, residence and travel

1. Caution or a fine of between VND 100,000 and 300,000 for foreigners traveling on the Vietnamese territory without carrying their passports or other papers substituting passports.

2. A fine of between VND 500,000 and 2,000,000 for one of the following acts:

a) Failing to immediately notify the competent authority of the loss or damage of passports or other valuable papers in lieu of passports, Vietnamese visas, temporary residence cards, permanent residence cards;

b) Erasing, erasing, modifying or falsifying forms and contents inscribed in passports or other valuable papers in lieu of passports, visas, temporary residence cards and permanent residence cards;

c) Providing untruthful statements to be granted passports, other valuable papers in lieu of passports, Vietnamese visas, temporary residence cards, permanent residence cards or valuable papers on entry, exit or residence in Vietnam;

d) Foreigners entering restricted areas or state areas where permits are required without permits or traveling beyond the permitted scope or time limit;

d) Failing to present passports or other valuable papers in lieu of passports or papers related to entry and exit when requested by Vietnamese authorities; failing to abide by other requirements of Vietnamese authorities on checking people and luggage;

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

g) Allow foreigners to stay overnight without declaring temporary residence, failing to instruct foreigners to declare temporary residence as prescribed or failing to comply with other regulations of competent agencies.

3. A fine of between VND 3,000,000 and 5,000,000 for one of the following acts:

a) Crossing national borders without carrying out exit or entry procedures according to regulations;

b) Evading, organizing or assisting other people to flee into the entry and exit facilities for the purpose of entering Vietnam or going abroad;

c) Letting others use passports or valuable papers in lieu of passports to commit acts in contravention of law provisions;

d) Using passports or other valuable papers in lieu of passports of others to enter, exit or transit;

d) Foreigners fail to declare temporary residence according to regulations or use temporary residence certificates, temporary residence cards or permanent residence cards in Vietnam for a period of 16 days or more without permission of competent agencies;

e) Foreigners who have been issued with permanent residence cards but change their addresses but do not declare to carry out the replacement.

4. A fine of between VND 5,000,000 and VND 10,000,000 for one of the following acts:

a) Vehicle owners or operators of vehicles transporting people who enter or leave Vietnam illegally;

b) Using fake passports, valuable papers in lieu of fake passports, fake visas, fake temporary residence cards, fake permanent residence cards, fake verification seals for exit, entry, transit or residence.

5. A fine of between VND 15,000,000 and VND 25,000,000 for one of the following acts:

a) Helping, harboring, hiding, creating conditions for others to travel abroad, to stay abroad, to enter Vietnam, to stay in Vietnam or to cross national borders illegally;

b) Foreigners who enter, practice or conduct other activities in Vietnam without permission of the Vietnamese competent agencies;

c) Individuals and organizations in Vietnam guarantee or carry out procedures for foreigners to enter Vietnam, apply for visas, grant temporary residence cards, extend temporary residence, valid papers of entry, residence in Vietnam but fail to comply with the provisions of law or make untrue statements when guaranteeing, inviting or carrying out procedures for foreigners to enter, apply for visas, grant temporary residence cards, extend them temporary residence, papers of entry, exit and residence in Vietnam;

d) The foreigner enters the country for improper purposes, the program has applied for temporary residence card, permanent residence card.

6. A fine of between VND 30,000,000 and VND 40,000,000 for one of the following acts:

a) Forging documents, papers to be granted passports or other valuable documents in lieu of passports, visas, temporary residence cards, permanent residence cards;

b) Forging a passport or other valuable document in lieu of a passport, visa, temporary residence card, permanent residence card or verification mark;

c) Hiding in embassies, consulates or head offices of international agencies or organizations based in Vietnam;

d) Foreigners residing in Vietnam without permission of competent agencies;

d) Organizing, giving instructions or broking to others who illegally exit or enter Vietnam.

7. Additional sanctioning forms:

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

8. Remedies:

a) Forced revocation of passports, other valuable papers in lieu of passports, visas, temporary residence cards, permanent residence cards or verification marks, for acts prescribed at Point b, Clause 2; Points d and dd, Clause 3; Point b, Clause 4; Points a and b, Clause 6 of this Article;

b) Forced cancellation of untruthful information and documents, for acts prescribed at Point c, Clause 2; Point c Clause 5 of this Article.

9. Foreigners who commit administrative violations specified in Clauses 1, 2, 3, 4, 5 and 6 of this Article, depending on the seriousness of their violations, may be subject to the sanction of expulsion from Socialist Republic of Vietnam.

Article 18. Violation of regulations on protection of state secrets

1. A fine of between VND 1,000,000 and 3,000,000 for one of the following acts:

a) Printing, copying confidential, top-secret and confidential documents in contravention of regulations;

b) Disseminate, research information within the scope of state secrets in contravention of regulations;

c) Failing to comply with regulations on transportation and delivery of documents and objects bearing state secrets;

d) Destroying documents and objects containing state secrets in contravention of regulations;

d) Entering restricted areas, prohibited places, places of storage, storage or places of conducting activities with contents falling within the scope of state secrets without permission;

e) Filming, taking photos, drawing diagrams in restricted areas.

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

a) Providing information within the scope of State secrets to agencies, organizations and citizens at home and abroad in contravention of regulations;

b) Bringing documents and objects carrying state secrets abroad without permission of competent agencies and persons;

c) Filming, taking photos, drawing diagrams in restricted areas related to national defense and security.

3. Additional sanctioning forms:

Confiscation of material evidences and means of administrative violations, for acts prescribed at Point c, Clause 2 of this Article.

4. Remedies:

a) Force recovery of documents and information within the scope of state secrets, for acts prescribed at Points a, b and e, Clause 1; Clause 2 of this Article;

b) Forced restoration of the original state, for acts prescribed at Point d, Clause 1 of this Article.

Article 19.- Violation of law provisions on management and use of uniforms, insignia badges and badges reserved exclusively for the People's Public Security Forces

1. A fine of between VND 500,000 and 1,500,000 for acts of illegally storing and using costumes, insignia, insignia and badges.

2. A fine of between VND 5,000,000 and VND 10,000,000 for acts of illegally buying, selling or exchanging uniforms, insignia, badges or serial numbers.

3. A fine of between VND 10,000,000 and VND 30,000,000 shall be imposed for acts of illegally producing clothing or forging uniforms, badges, badges or serial numbers.

4. Additional sanctioning forms:

Confiscate administrative violation material evidences and means for acts specified in Clauses 1, 2 and 3 of this Article.

5. Foreigners who commit administrative violations specified in Clauses 1, 2 and 3 of this Article, depending on the seriousness of their violations, may be subject to the form of sanction of expulsion from the Socialist Republic of Vietnam. Vietnamese meaning.

Article 20.- Acts of obstructing and opposing the inspection, examination and control by law enforcement officials or bribing officials on duty

1. A fine of between VND 500,000 and 1,000,000 for acts of broking, abetting or giving instructions to violating individuals or organizations to evade the inspection, examination and control of officials on duty.

2. A fine of between VND 2,000,000 and 3,000,000 for one of the following acts:

a) Obstructing or failing to comply with the request of the person on duty;

b) There are words and actions that threaten, insult, offend the honor and dignity of officials on duty;

c) Inciting, inducing or inciting other people to disobey the inspection, examination and control requirements of the official on duty.

3. A fine of between VND 3,000,000 and 5,000,000 for one of the following acts:

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

b) Causing damage to property and means of state agencies or officials on duty;

c) Giving money, property or other material benefits to officials on duty to shirk the handling of administrative violations.

4. Additional sanctioning forms:

Confiscation of money, property or other material interests for acts prescribed at Point c, Clause 3 of this Article.

SECTION 2. ADMINISTRATIVE VIOLATION IN PREVENTION AND COMBAT OF SOCIAL EVILS

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

1. Warning or a fine of between VND 500,000 and 1,000,000 for acts of illegally using narcotics.

2. A fine of between VND 1,000,000 and VND 2,000,000 for one of the following acts:

a) Illegally storing, transporting or appropriating narcotic substances;

b) Storing, transporting, trading or appropriating precursors used in the illegal production of narcotic substances;

c) Producing, buying and selling equipment using narcotic substances in contravention of law.

3. A fine of between VND 2,000,000 and 5,000,000 for acts of growing opium poppy, marijuana plants and other plants containing narcotic substances.

4. A fine of between VND 5,000,000 and VND 10,000,000 for one of the following acts:

a) The owner or the person in charge of managing the restaurant, the accommodation rental facility, the club, the means of transport and other places for other people to take advantage of the use of narcotic substances in the area or method convenient management;

b) Broking, helping, facilitating or by other means to help others illegally use narcotic substances;

c) Transferring narcotic substances, psychotropic substances or other narcotic substances to persons who are not allowed to be stored and used.

5. A fine of between VND 20,000,000 and VND 40,000,000 for one of the following acts:

a) Illegally providing locations and means to illegally use drug users;

b) Violation of regulations on export, import, temporary import for re-export and transit of substances containing narcotic substances, addictive medicines, psychotropic medicines and drug precursors;

c) Violation of regulations on research, assessment, production and storage of narcotic substances and drug precursors;

d) Violation of regulations on delivery, storage, and transportation of narcotic substances and drug precursors;

d) Violation of regulations on drug distribution, trading, use and metabolism, drug precursors;

f) Violation of regulations on management, control and storage of narcotic substances and pre-substances in border, border and sea areas.

6. Additional sanctioning forms:

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

7. Foreigners who commit administrative violations specified in Clauses 1, 2, 3, 4 and 5 of this Article, depending on the seriousness of their violations, may be subject to the sanctioning of expulsion from the country. Socialist Republic of Vietnam.

Chapter 3.

COMPETENCE TO SANCTION ADMINISTRATIVE VIOLATIONS

Article 66. Competence of the People's Police to sanction administrative violations

1. People's Police officers on duty have the right:

a) Caution;

b) Impose fines of up to VND 300,000 for acts of administrative violation in the field of domestic violence prevention and control; up to VND 400,000 for administrative violations in the field of security, social order and safety and in the field of preventing and combating social evils; up to VND 500,000 for administrative violations in the field of fire prevention and fighting.

2. Heads of stations, captains or captains of waterway police of persons specified in Clause 1 of this Article have the right:

a) Caution;

b) Impose fines of up to VND 900,000 for administrative violations against regulations on domestic violence prevention and control; up to VND 1,200,000 for acts of administrative violation in the field of security, social order and safety and the field of prevention and combat of social evils; up to VND 1,500,000 for administrative violations in the field of fire prevention and fighting.

3. Commune-level police chiefs, heads of police stations, heads of police stations of border gates or export processing zones have the rights to:

a) Caution;

b) Impose fines of up to VND 1,500,000 for administrative violations against regulations on domestic violence prevention and control; up to VND 2,000,000 for acts of administrative violation in the field of security, social order and safety and the field of prevention and combat of social evils; up to VND 2,500,000 for administrative violations in the field of fire prevention and fighting;

c) Confiscate material evidences and / or means used for administrative violations, with value of not over the fine levels specified in Point b of this Clause;

d) Apply remedies specified at Points a, c and dd, Clause 1, Article 28 of the Law on Handling administrative violations.

4. District Police Chief; Chief of Professional Division of Road - Railway Traffic Police Department, Chief of Professional Department of Waterway Police Department, Waterway Police Chief; Heads of provincial-level Police Departments include: Head of the Police Department in charge of administrative management of social order, Head of the Police Order Department, Head of the Rapid Response Police Department, Head of the Police Department investigating criminals on social order , Head of Police Crime Investigation Department on Economic and Position Management Order, Head of Police Investigation Division on Drug Crime, Head of Road-Rail Traffic Police, Head of Traffic Police Division , Head of the Waterway Police Department, the Head of the Police Protection and Mobility Department, the Head of the Police Department for Criminal Enforcement and Justice Support, the Head of the Police Department for Environmental Crime Prevention and Control, the Police Head fire prevention and fighting, rescue, Head of the Fire Prevention and Fighting Police Department, Head of Immigration Management, Head of Internal Political Security, Head of Economic Security , Head of Financial, Monetary and Investment Security Division; Heads of Fire Prevention and Fighting Police Departments of urban districts and rural districts of the Fire Prevention and Fighting Police Department; Heads of mobile police units of the company or higher level have the power to:

a) Caution;

b) Impose fines of up to VND 6,000,000 for administrative violations against regulations on domestic violence prevention and control; up to VND 8,000,000 for acts of administrative violation in the field of security, social order and safety and the field of prevention and combat of social evils; up to VND 10,000,000 for administrative violations in the field of fire prevention and fighting;

c) Deprivation of the right to use licenses, professional practice certificates for a definite time or suspension of operation for a definite time;

d) Confiscate material evidences and / or means used for administrative violations, with value of not over the fine levels specified in Point b of this Clause;

dd) Apply remedies specified at Points a, c, dd, k Clause 1 Article 28 of the Law on handling of administrative violations and Points a, b, c, d, e Clause 3 Article 3 of the Decree this.

Article 67. Competence of presidents of People's Committees at all levels to sanction administrative violations

1. Presidents of commune-level People's Committees have the power:

a) Caution;

b) Impose fines of up to VND 3,000,000 for administrative violations against regulations on domestic violence prevention and control; up to VND 4,000,000 for acts of administrative violation in the field of security, social order and safety and the field of prevention and combat of social evils; up to VND 5,000,000 for administrative violations in the field of fire prevention and fighting;

c) Confiscate material evidences and / or means used for administrative violations, with value of not over the fine levels specified in Point b of this Clause;

d) Apply remedies specified at Points a, b, c and dd, Clause 1, Article 28 of the Law on Handling administrative violations.

2. Presidents of district-level People's Committees may:

a) Caution;

b) Impose fines of up to VND 15,000,000 for administrative violations against regulations on domestic violence prevention and control; up to VND 20,000,000 for acts of administrative violation in the field of security, social order and safety and the field of prevention and combat of social evils; up to VND 25,000,000 for acts of administrative violation in the field of fire prevention and fighting;

c) Deprivation of the right to use licenses, professional practice certificates for a definite time or suspension of operation for a definite time;

d) Confiscate material evidences and / or means used for administrative violations, with value of not over the fine levels specified in Point b of this Clause;

dd) Apply remedies specified at Points a, b, c, dd, e, h, i, k Clause 1 Article 28 of the Law on handling of administrative violations and Points a, b, c, d, e Clause 3 Article 3 of this Decree.

3. Presidents of provincial-level People's Committees may:

a) Caution;

b) Impose fines of up to VND 30,000,000 for administrative violations against regulations on domestic violence prevention and control; up to VND 40,000,000 for acts of administrative violation in the field of security, social order and safety and the field of prevention and combat of social evils; up to VND 50,000,000 for acts of administrative violation in the field of fire prevention and fighting;

c) Deprivation of the right to use licenses, professional practice certificates for a definite time or suspension of operation for a definite time;

d) Confiscate material evidences and / or means used for administrative violations;

dd) Apply remedies specified in Clause 1 Article 28 of the Law on handling of administrative violations and Clause 3 Article 3 of this Decree.

Article 68. Competence of other agencies to sanction administrative

Forces: Border Guards, Coast Guard, Customs, Ranger, diplomatic representative agencies, consular offices, and other agencies authorized to perform consular functions of the host Socialist Republic overseas Vietnamese means competent to sanction according to the provisions of the Law on handling of administrative violations for acts specified in Chapter II of this Decree according to their functions and tasks within the scope and fields under their management. .

Article 69. Competence of the Inspection and Market Management

The Labor, War Invalids and Social Affairs Inspectorate is competent t

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