Phần thứ hai Luật xử lý vi phạm hành chính 2012: Xử phạt vi phạm hành chính

The second part

ADMINISTRATIVE SANCTIONS

Chapter I

SANCTIONING FORMS AND REMEDIAL MEASURES

Section 1. SANCTIONING FORMS

Article 21. Sanctioning forms and application principles

1. Forms of administrative sanctions include:

a) Warning;

b) Fines;

c) Stripping off the right to use permits, professional practice certificates in a definite term; or suspension of operation in a definite term;

d) Confiscating material evidences, means of administrative violation used to commit administrative violations (hereinafter called material evidences, means of administrative violation);

e) Expulsion;

2. Sanctioning forms specified in point a and point b, Clause 1 of this Article shall be defined and applied as principal sanctioning forms.

Sanctioning forms specified in the points c, d and e, Clause 1 of this Article may be specified as additional sanctioning forms or principal sanctioning forms.

3. For each act of administrative violations, individuals, organizations committing administrative violations shall be applied one principal sanctioning form; may be applied one or more additional sanctioning forms specified in Clause 1 of this Article. The additional sanctioning forms are only applied together with the principal ones.

Article 22. Warning

Warning shall be applied to individuals and organizations that commit minor administrative violations, with extenuating circumstances and shall be applied warning form according to the regulations, or to all acts of administrative violations committed by minors aged between full 14 and fewer than 16. Warning shall be decided in writing.

Article 23. Fines

1. The fine levels in sanctioning administrative violations range from VND 50,000 to VND 1,000,000,000 for individuals, VND 100,000 to VND 2,000,000 for organizations, except for those regulated in Clause 3, Article 24 of this Law.

For urban areas of central cities, the fine levels may be higher, but not exceeding 02 times compared with the common levels applied for the same violations in the fields of road traffic; environmental protection; security, order and social security.

2. The Government shall regulate the frame of fine levels or fines for specific administrative violations according to one of the following methods, but the highest fine frame does not exceed the maximum fine level specified in Article 24 of this Law:

a) Defining the minimum, the maximum fines;

b) Defining the number of times, the percentage of the value and quantity of violation goods, material evidences, violated subjects or revenue, interest earned from acts of administrative violations.

3. Based on the behavior, frame of fines or the fine levels specified in the decree of the Government and requirements of characteristic socio-economic management of the localities, the People’s Councils of the centrally-affiliated cities shall define the frame of fines or the specific fine levels for violations in the fields regulated in paragraph 2, Clause 1 of this Article.

4. The specific fine level for an act of administrative violation is the average level of the fine frame prescribed for such violation; if there are extenuating circumstances, the fine level may be reduced but not lower than minimum level of the fine frame; if there are aggravating circumstances, the fine may be increased but not higher than the maximum fine level of the fine frame.

Article 24. The maximum fine levels in fields

1. The maximum fine level in the fields of state management for individuals shall be regulated as follows:

a) A fine of up to VND 30,000,000: marriage and family; gender equality; domestic violence; storage; religion; emulation; justice administration; population; environmental hygiene; statistics;

b) A fine of up to VND 40,000,000: security, order, social security; prevention of social evils; civil judgment; enterprises and cooperatives bankruptcy; road traffic; electronic transactions; postal service;

c) A fine of up to VND 50,000,000: fire fighting and prevention; cipher, management and protection of national borders; judicial assistance; preventive medical activities; HIV / AIDS prevention; education; culture; sports; tourism; management of science and technology; technology transfer; children protection and care; social sponsor and relief; natural disaster prevention; plants protection and quarantine; management and conservation of genetic resources; manufacturing and trading breeding of animals and plants; veterinary; accounting; independent audit; charges, fees; public asset management; invoices; national reserve; electricity; chemicals; hydrometeorology; cartography; business registration;

d) A fine of up to VND 75,000,000: national security and defense; labor; vocational training; railway traffic; inland waterway traffic; health insurance; social insurance;

dd) A fine of VND 100,000,000: irrigation works management; dykes; medical examination and treatment; cosmetics; pharmacy and medical equipment; production and trading of animal feed and fertilizers; advertising; betting and games with awards; overseas labor management; maritime traffic; civil air traffic; management and protection of traffic works; information technology; telecommunications; radio frequency; press; publish; trade; protecting the benefits of consumers; customs, tax procedures; lottery business; insurance business; practicing thrift, combating waste; management of explosive materials; protecting aquatic resources and marine products;

e) A fine of up to VND 150 million: price management; real estate trading; mining, manufacturing and trading the building materials; technical infrastructure management; management, development of housing and office buildings; bidding; investment;

g) A fine of up to VND 200,000,000: production, trading forbidden goods, fake goods;

h) A fine of up to VND 250 million: survey, planning, exploration, exploitation and use of water resources;

i) A fine of up to VND 500,000,000: construction; management of forest and forest products; land;

k) A fine of up to VND 1 billion: the management of the sea areas, islands and continental shelves of the Socialist Republic of Vietnam; nuclear and radioactive materials management, nuclear energy; currency, precious metals, precious stones, banking and credit; exploration and exploitation of oil and gas and other minerals; environmental protection.

2. The maximum fine level in the field of State management specified in Clause 1 of this Article for organizations shall be 02 times compared with the fine level for individuals.

3. The maximum fine in the field of taxation; measurement; intellectual property; food safety; quality of products and goods; securities; restricting competition comply with the respective laws.

4. The maximum fine levels for the new fields have not been defined in Clause 1 of this Article shall be prescribed by the State after obtaining the consent of the National Assembly Standing Committee.

Article 25. The definite deprivation of the right to use licenses, professional practice certificates or suspension of operation in definite time

1. The definite deprivation of the right to use licenses or professional practice certificates shall apply to individuals and organizations that have seriously violated the activities written in the licenses, professional practice certificates. While being deprived of the right to use licenses and/or professional practice certificates, individuals and organizations must not carry out activities prescribed in the licenses or professional practice certificates.

2. The suspension of operation in definite time is the sanctioning form that is applied for individuals, organizations committing acts of administrative violations in the following cases:

a) Partly suspension of operation causing serious consequences or practically causing serious consequences to the life, human health, environment for facilities manufacturing, trading and supplying services being required to possess licenses according to the law regulations.

b) Partly or entirely suspension of manufacturing, trading, supplying services or other activities causing serious consequences or practically causing serious consequences to the life, human health, environment and order, social safety, that are required to possess licenses according to the law regulations.

3. The time limit of deprivation of the right to use licenses or professional practice certificates, time limit of operation suspension specified in Clause 1 and Clause 2 of this Article are from 01 month to 24 months, as the date when sanctioning decision takes effect. The competent persons in sanctioning hold the licenses or professional practice certificates during the deprivation term.

Article 26. Confiscation of material evidences and means used for commission of administrative violations

1. Confiscating material evidences and means used to commit administrative violations means the requisition of things, money, goods and/or means directly involved in the administrative violations into the State fund; applied for serious administrative violations due to the intentional fault of individuals, organizations.

The handling of confiscated material evidences and means of administrative violations shall comply with the provisions of Article 82 of this Law.

Article 27. Expulsion

1. Expulsion means compelling foreigners who have committed acts of administrative violations in Vietnam to leave the territory of the Socialist Republic of Vietnam.

2. The Government shall prescribe in details application of sanctioning forms for expulsion.

Section 2. REMEDIAL MEASURES

Article 28. Remedial measures and application principles

1. Remedial measures include:

a) Forcible restoration of the initial state;

b) Forcible dismantling of works, parts of works constructed without permits or not proper with permits;

c) Forcible application of measures to overcome the environmental pollution, epidemic spreads;

d) Forcible bringing out of the territory of the Socialist Republic of Vietnam or forcible re-export of goods, articles and means;

dd) Forcible destruction of goods, articles which cause harms to human health, domestic animals and cultivated plants, environment and harmful cultural products;

e) Forcible correction of false information or misleading;

g) Forcible removal of infringing elements on the goods or packaging of goods, means of trading, and articles;

h) Forcible recall of products, goods without quality guarantee;

i) Forcible submit of the unlawful profits from administrative violations or forced to submit the money equivalent to the value of material evidences, means used to commit administrative violations which have been sold, dispersed or destroyed contrary to the law provisions;

k) Other remedial measures prescribed by the Government.

2. Application principles of remedial measures:

a) For each act of administrative violation, in addition to being applied sanctions, individuals, organizations committing administrative violations may be applied one or more remedial measures specified in Clause 1 of this Article;

b) Remedial measures are applied independently for cases specified in Clause 2, Article 65 of this Law.

Article 29. Forcible restoration of the initial state

Individuals, organizations committing administrative violations must restore the initial state altered due to their acts of administrative violations; in case individuals, organizations committing administrative violations do not voluntarily carry out their duties, they shall be coerced to carry out their duties.

Article 30. Forcible dismantling of works, parts of works constructed without building permits or not proper with building permits

Individuals, organizations committing administrative violations must dismantle works, parts of works constructed without building permits or not proper with building permits; in case individuals, organizations committing administrative violations do not voluntarily carry out their duties, they shall be coerced to carry out their duties.

Article 31. Forcible application of measures to overcome the environmental pollution, epidemic spreads

Individuals, organizations committing administrative violations must implement measures to overcome the environmental pollution, epidemic spreads; in case individuals, organizations committing administrative violations do not voluntarily carry out their duties, they shall be coerced to carry out their duties.

Article 32. Forcible bringing out of the territory of the Socialist Republic of Vietnam or forcible re-export of goods, articles and means

Individuals, organizations committing administrative violations must bring out of the territory of the Socialist Republic of Vietnam or re-export goods, articles and means brought into the territory of the Socialist Republic of Vietnam, imported contrary to the provisions of law or temporary import for re-export, but not re-export in accordance with the provisions of the law.

This remedial measure is also applied to goods imported, transited which infringe upon intellectual property rights, fake goods infringe upon intellectual property rights, import means, raw materials and materials used primarily for the production and trading of intellectual property counterfeit goods, after the removal of offending elements; in case individuals, organizations committing administrative violations do not voluntarily carry out their duties, they shall be coerced to carry out their duties.

Articles 33. Forcible destruction of goods, articles which cause harms to human health, domestic animals and cultivated plants, and environment, harmful cultural products;

Individuals, organizations committing administrative violations must destroy articles which cause harms to human health, domestic animals and cultivated plants, environment and harmful cultural products or other material evidences belong to groups of being destroyed according to the law provisions; in case individuals, organizations committing administrative violations do not voluntarily carry out their duties, they shall be coerced to carry out their duties.

Article 34. Forcible correction of false information or misleading

Individuals, organizations committing administrative violations must correct false information or misleading which have been announced, informed on the mass media, being announced, informed on websites; in case individuals, organizations committing administrative violations do not voluntarily carry out their duties, they shall be coerced to carry out their duties.

Article 35. Forcible removal of infringing elements on the goods or packaging of goods, means of trading, and articles;

Individuals, organizations who manufacture, trade goods or use means of trading, articles which contain the infringing elements on the goods, packaging of goods, means of trading, articles must remove those infringing elements; in case individuals, organizations committing administrative violations do not voluntarily carry out their duties, they shall be coerced to carry out their duties.

Article 36. Forcible recall of products, goods without quality guarantee

Individuals, organizations manufacturing, trading products, goods which do not meet registered or announced quality and other goods without quality guarantee, conditions of circulation in the market; in case individuals, organizations committing administrative violations do not voluntarily carry out their duties, they shall be coerced to carry out their duties.

Article 37. Forcible submit of the unlawful profits from administrative violations or forced to submit the money equivalent to the value of exhibit, means used to commit administrative violations which have been sold, dispersed or destroyed contrary to the law provisions

The violating individuals, organizations must submit the unlawful profits under the forms of money, valuable papers and articles getting from the administrative violations to the State budget or return to the subjects being appropriated; must submit the money equivalent to the value of material evidences, means used to commit administrative violations in case such material evidences, means have been sold, dispersed or destroyed contrary to the law provisions; if individuals, organizations committing administrative violations do not voluntarily carry out their duties, they shall be coerced to carry out their duties.

Chapter II

COMPETENCE TO SANCTION ADMINISTRATIVE VIOLATIONS AND APPLY REMEDIAL MEASURES

Article 38. Competence of chairmen of the People’s Committees

1. Chairmen of the commune-level People’s Committees have rights to:

a) Impose warning;

b) Impose fines of up to 10% of the maximum fine levels for the respective field specified in Article 24 of this Law but not over VND 5,000,000;

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 the remedial measures specified in point a, b, c and dd, Clause 1, Article 28 of this Law.

2. Chairmen of the district-level People’s Committees have rights to:

a) Impose warning;

b) Impose fines of up to 50% of the maximum fine levels for the respective field specified in Article 24 of this Law but not over VND 50,000,000;

c) Deprive the rights of using licenses, professional practice certificates in definite time or suspension of operation in 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;

e) Apply the remedial measures specified in point a, b, c, dd, e, h, i and k Clause 1, Article 28 of this Law.

3. Chairmen of the province-level People’s Committees have rights to:

a) Impose warning;

b) Impose fines of up to the maximum fine levels for the respective field specified in Article 24 of this Law;

c) Deprive the rights of using licenses, professional practice certificates in definite time or suspension of operation in definite time;

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

e) Apply the remedial measures specified in Clause 1, Article 28 of this Law.

Article 39. Competence of People’s Police

1. People’s Police officers being on official duty shall have the rights to:

a) Impose warning;

b) Impose fines of up to 1% of the maximum fine levels for the respective field specified in Article 24 of this Law but not over VND 500,000;

2. The station heads and team heads of the persons defined in Clause 1 of this Article shall have the right to:

a) Impose warning;

b) Impose fines of up to 3% of the maximum fine levels for the respective field specified in Article 24 of this Law but not over VND 1,500,000;

3. The commune-level police chiefs, the Police Post Chief, the Heads of the Police stations at border gates, export-processing zones have the rights to:

a) Impose warning;

b) Impose fines of up to 5% of the maximum fines levels for the respective field specified in Article 24 of this Law but not over VND 2,500,000;

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 the remedial measures specified in point a, c and dd, Clause 1, Article 28 of this Law.

4. The district-level police chiefs, Heads of Professional Bureaus belong to the Police Departments of road, rail, Heads of Professional Bureaus belong to the Police Departments of waterways, Heads of the provincial-level Police Departments including Heads of the Police Bureaus for Administrative Management of Social Order, Heads of Public Order Police, Heads of rapid response police force, Heads of Police Bureaus for Criminals Investigation of Social Order, Heads of Police Bureaus for Criminal Investigation of Economic management order and position, Heads of Police Bureaus for Investigation of Drug-Related Crimes, Heads of Police Bureaus of road, rail, Heads of Police Bureaus of waterways, Heads of the Mobile and Protection Police, Heads of Criminal judgment and justice support Bureaus, Heads of Police Bureaus for Prevention and Combat of Environmental Crimes, Heads of the Fire-Fighting & Rescue Police Bureaus, Heads of the Fire-Fighting & Sea-Rescue Police Bureaus, Heads of the Exit and Entry Management Bureaus, Heads of Internal Security & Politics Bureaus, Heads of the Economic Security Bureaus, Heads of cultural and Ideology security Bureaus, Heads of the Information Security Bureaus, Heads of the Fire-Fighting Police Bureaus of districts belong to Fire-Fighting Police Departments; Heads of the Mobile Police units of the company or higher level have the rights to:

a) Impose warning;

b) Impose fines of up to 20% of the maximum fines levels for the respective field specified in Article 24 of this Law but not over VND 25,000,000;

c) Deprive the rights of using licenses, professional practice certificates in definite time or suspension of operation in definite time;

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

e) Apply the remedial measures specified in point a, c, dd, and k, Clause 1, Article 28 of this Law.

5. The directors of the provincial-level Police Departments, Directors of Fire-Fighting Police Departments have the rights to:

a) Impose warning;

b) Impose fines of up to 50% of the maximum fine levels for the respective field specified in Article 24 of this Law but not over VND 50,000,000;

c) Deprive the rights of using licenses, professional practice certificates in definite time or suspension of operation in 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) Directors of the provincial-level Police Departments have rights to decide the expulsion as a sanctioning form.

e) Apply the remedial measures specified in point a, c, dd, i and k, Clause 1, Article 28 of this Law.

6. Director General of Internal Security & Politics Department, Director General

of the Economic Security Department, Director general of Culture and Ideology Security Department, Director general of the Information Security Department, Director general of Police Department for administrative management of social order, Director general of Department for Criminal Investigation of Social Order, Director general of Department for Criminal Investigation of Economic management order and position, Director general of Police Department for Investigation of Drug-Related Crimes, Director general of Police Department of road, rail, Director general of Police Department of waterways, Director general of the Fire-Fighting & Rescue Police Department, Director general of Protection Police Department, Director general of Criminal judgment and justice support Department, Director general of Police Department for Prevention and Combat of Environmental Crimes, Director general of Police Department for Prevention and Combat of Hi-tech Crimes have the rights to:

a) Impose warning;

b) Impose fines of up to the maximum fine levels for the respective field specified in Article 24 of this Law;

c) Deprive the rights of using licenses, professional practice certificates in definite time or suspension of operation in definite time;

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

e) Apply the remedial measures specified in point a, c, dd, i and k, Clause 1, Article 28 of this Law.

7. The director general of the Exit and Entry Management Department has rights to sanction according to Clause 6 of this Article and has rights to apply expulsion as a sanctioning form.

Article 40. Competence of border guards

1. Border guard combatants being on official duties have the rights to:

a) Impose warning;

b) Impose fines of up to 1% of the maximum fine levels for the respective field specified in Article 24 of this Law but not over VND 500,000;

2. The station heads and team heads of the persons defined in Clause 1 of this Article shall have the right to:

a) Impose warning;

b) Impose fines of up to 5% of the maximum fine levels for the respective field specified in Article 24 of this Law but not over VND 2,500,000;

3. Border post chiefs, border flotilla commanders, border sub-region commanders and post chiefs of border gates shall have the rights to:

a) Impose warning;

b) Impose fines of up to 20% of the maximum fine levels for the respective field specified in Article 24 of this Law but not over VND 25,000,000;

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 the remedial measures specified in point a, c, dd and k, Clause 1, Article 28 of this Law.

4. The provincial-level border guard commanders, the commanders of the border guard fleets under the Border Guard Command shall have the rights to:

a) Impose warning;

b) Impose fines of up to the maximum fine levels for the respective field specified in Article 24 of this Law;

c) Deprive the rights of using licenses, professional practice certificates in definite time or suspension of operation in definite time;

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

e) Apply the remedial measures specified in point a, c, dd, i and k, Clause 1, Article 28 of this Law.

Article 41. Competence of Coast Guards

1. Policemen of the Coast Guard operation teams, being on official duties, shall have the rights to:

a) Impose warning;

b) Impose fines of up to 2% of the maximum fine levels for the respective field specified in Article 24 of this Law but not over VND 1,500,000;

2. Heads of the operation units of the Coast Guard shall have the rights to:

a) Impose warning;

b) Impose fines of up to 5% of the maximum fine levels for the respective field specified in Article 24 of this Law but not over VND 5,000,000;

3. Heads of the operation teams of the Coast Guard, station heads of the Coast Guard stations shall have the right to:

a) Impose warning;

b) Impose fines of up to 10% of the maximum fine levels for the respective field specified in Article 24 of this Law but not over VND 10,000,000;

c) Apply the remedial measures specified in points a, c, and dd Clause 1, Article 28 of this Law.

4. The Coast Guard flotilla captains shall have the rights to:

a) Impose warning;

b) Impose fines of up to 20% of the maximum fine levels for the respective field specified in Article 24 of this Law but not over VND 25,000,000;

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 the remedial measures specified in point a, c, d, dd and k, Clause 1, Article 28 of this Law.

5. The Coast Guard fleet commanders shall have the rights to:

a) Impose warning;

b) Impose fines of up to 30% of the maximum fine levels for the respective field specified in Article 24 of this Law but not over VND 50,000,000;

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 the remedial measures specified in point a, c, d, dd and k, Clause 1, Article 28 of this Law.

6. The Coast Guard region commanders shall have the rights to:

a) Impose warning;

b) Impose fines of up to 50% of the maximum fines levels for the equivalent field specified in Article 24 of this Law but not over VND 100,000,000;

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

d) Apply the remedial measures specified in point a, c, d, dd and k, Clause 1, Article 28 of this Law.

7. The director general of the Coast Guard Department shall have the rights to:

a) Impose warning;

b) Impose fines of up to the maximum fine levels for the respective field specified in Article 24 of this Law;

c) Deprive right to use permits, professional practice certificates in definite time or suspend operation in definite time;

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

e) Apply the remedial measures specified in point a, b, c, d, dd and k, Clause 1, Article 28 of this Law.

Article 42. Competence of the Customs

1. The Customs officers, being on official duties, shall have the right to:

a) Impose warning;

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

2. The Operation team leaders under the Customs Sub-Departments, the Operation Team leaders under the Post-clearance Examination Customs Sub-Departments shall have the rights to:

a) Impose warning;

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

3. The Customs Sub-Department heads, the Heads of the Post clearance Examination Customs Sub-Departments, leaders of the Inspection Teams of the provincial, inter-provincial, municipal Customs Departments, the Anti-Smuggling Inspection Team leaders, the Team leaders of Customs procedure, commanders of the Sea Control Flotillas and Team leaders of Intellectual property checking and protection under the Anti-Smuggle Investigation Department of the General Department of Customs shall have the rights to:

a) Impose warning;

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

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 the remedial measures specified in point d, dd, g, i and k, Clause 1, Article 28 of this Law.

4. The director of the Anti-Smuggling Investigation Department, the director of the Post clearance Examination Customs Sub-Departments under the General Department of Customs, the directors of the provincial, inter-provincial, municipal Customs Departments shall have the rights to:

a) Impose warning;

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

c) Deprive the rights of using licenses, professional practice certificates in definite time or suspension of operation in 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;

e) Apply the remedial measures specified in point d, dd, g, i and k, Clause 1, Article 28 of this Law.

5. The Director General of Customs have the rights to:

a) Impose warning;

b) Impose fines of up to the maximum fine levels for the respective field specified in Article 24 of this Law;

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

d) Apply the remedial measures specified in point d, dd, g, i and k, Clause 1, Article 28 of this Law.

Article 43. Competence of rangers

1. Ranger officers being on official duties shall have the rights to:

a) Impose warning;

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

2. Ranger Station chiefs shall have the rights to:

a) Impose warning;

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

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;

3. The heads of the Ranger units, the leaders of the Mobile & Fire-fighting Ranger teams shall have the rights to:

a) Impose warning;

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

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 the remedial measures specified in point a, c, dd, i and k, Clause 1, Article 28 of this Law.

4. Directors of the Ranger Sub-Departments, Team leaders of Ranger Special Force under the Ranger Departments shall have the rights to:

a) Impose warning;

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

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) Deprive the rights of using licenses, professional practice certificates in definite time or suspension of operation in definite time;

e) Apply the remedial measures specified in point a, b, c, dd, i and k, Clause 1, Article 28 of this Law.

5. The director of the Ranger Department shall have the rights to:

a) Impose warning;

b) Impose fines of up to the maximum levels for the field of forest & forest products management specified in Article 24 of this Law;

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

d) Deprive the rights of using licenses, professional practice certificates in definite time or suspension of operation in definite time;

e) Apply the remedial measures specified in point a, b, c, dd, i and k, Clause 1, Article 28 of this Law.

Article 44. Competence of Tax Offices:

1. Tax officers performing public duties shall have the rights to:

a) Impose warning;

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

2. The Tax Team leaders shall have the rights to:

a) Impose warning;

b) Impose fines of up to VND 2,500,000.

3. The Tax Sub-Department heads shall have the rights to:

a) Impose warning;

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

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 the remedial measures specified in point a, i and k, Clause 1, Article 28 of this Law.

4. The Tax Department directors shall have the rights to:

a) Impose warning;

b) Impose fines of up to VND 70,000,000;

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 the remedial measures specified in point a, i and k, Clause 1, Article 28 of this Law.

5. The General Director of Tax shall have the rights to:

a) Impose warning;

b) Impose fines of up to the maximum level for the tax field specified in Article 24 of this Law;

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

d) Apply the remedial measures specified in point a, i and k, Clause 1, Article 28 of this Law.

Article 45. Competence of the Market Management Force

1. The market controllers being on official duties shall have the rights to:

a) Impose warning;

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

2. The Market Management Team leaders shall have the rights to:

a) Impose warning;

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

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;

e) Apply the remedial measures specified in point a, dd, e, g, h, i and k, Clause 1, Article 28 of this Law.

3. The Heads of the Market Management Sub-Departments under the Department of Industry and Trade, Heads of Anti-Smuggling Division, Heads of Anti-Fake Division, Heads of Goods Quality Control Division under the Market Management Department shall have the rights to:

a) Impose warning;

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

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) Deprive the rights of using licenses, professional practice certificates in definite time or suspension of operation in definite time;

e) Apply the remedial measures specified in point a, c, d, dd, e, h, i and k, Clause 1, Article 28 of this Law.

4. The directors of the Market Management Department shall have the rights to:

a) Impose warning;

b) Impose fines of up to the maximum level for the respective field specified in Article 24 of this Law;

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

d) Deprive the rights of using licenses, professional practice certificates in definite time or suspension of operation in definite time;

e) Apply the remedial measures specified in point a, c, d, dd, e, g, h, i and k, Clause 1, Article 28 of this Law.

Article 46. Competence of Inspectorates

1. The inspectors, the persons with assignments of specialized inspection, being on official duty shall have the rights to:

a) Impose warning;

b) Impose fines of up to 1% of the maximum fines levels for the respective field specified in Article 24 of this Law but not over VND 500,000;

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 the remedial measures specified in point a, c and dd, Clause 1, Article 28 of this Law.

2. Chief inspectors of the provincial-level Services, Chief inspectors of Aviation Bureaus, Chief inspectors of Marine Bureaus, Chief inspectors of the Vietnam Agency for Radiation and Nuclear Safety, Chief inspectors of the State Securities Commission; Heads of the Sub-Departments of Hygiene and Food safety, Directors of the Sub-Department of Population and Family Planning of the Department of Health, Heads of the Sub-Departments of Plant Protection, Veterinary Medicine, Aquatic, quality management of agricultural, forestry and aquatic products, irrigation, dykes, forestry, rural development under the Department of Agriculture and Rural development, Directors of the Region Frequency Centers and equivalent positions who are assigned to perform the specialized inspection tasks by the Government shall have the rights to:

a) Impose warning;

b) Impose fines of up to 50% of the maximum fine levels for the respective field specified in Article 24 of this Law but not over VND 50,000,000;

c) Deprive the rights of using licenses, professional practice certificates in definite time or suspension of operation in 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;

e) Apply the remedial measures specified in Clause 1, Article 28 of this Law.

3. Heads of the Regional State Reserves Bureaus, Heads of the Statistics Bureaus, Heads of the Pollution Control Bureaus, Directors of the State Treasury of provinces, cities directly under the central state and equivalent positions who are assigned to perform the specialized inspection tasks by the Government shall have the rights to:

a) Impose warning;

b) Impose fines of up to 70% of the maximum fines levels for the equivalent field specified in Article 24 of this Law but not over VND 250,000,000;

c) Deprive the rights of using licenses, professional practice certificates in definite time or suspension of operation in 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;

e) Apply the remedial measures specified in Clause 1, Article 28 of this Law.

4. The Chief Inspector of ministries and ministerial-level agencies, the Director General of the General Department of Vietnam Road, the Director General of the General Statistics Office, the Director General of the Directorate for Standards and Quality, the Director General of the General Bureau of Vocational Training, the Director General of Irrigation Bureau, the Director General of the General Bureau of Forestry, the Director General of the Fisheries Bureau, the Director General of the General Bureau of Geology and Mineral Resources, the Director General of Bureau of Environment, the Director General of the General Bureau of Land Management , the Director of the State Treasury, the Chairman of the State Securities Commission, the Director General of the State Reserves Bureau, the Director General of the General Bureau of Population and Family Planning, the Chairman of the State Committee of the Vietnamese in foreign countries, the Head of the Central Emulation, the Head of the Government Committee for Religious Affairs, the Heads of the Bureau of Chemicals, the Head of the Engineering safety and Industrial environment Bureau, the Head of the Vietnam railway Bureau, the Head of the Vietnam Inner Waterways Bureau, the Head of the Vietnam Agency for Radiation and Nuclear Safety, the Head of Veterinary medicine Bureau, the Head of the Plant Protection Bureau, the Head of the Bureau of Processing, Trading agriculture, forestry and aquatic products and salt, the Head of Insurance Management & Monitoring Bureau, the Head of the Radio Frequency Bureau, the Head of Telecommunications Bureau, the Head of Radio, Television and Electronic information Management Bureau, the Head of Journalism Bureau, the Head of Publishing Bureau, the Head of Medicine Management Bureau, the Head of Diseases diagnosis and treatment Bureau, the Head of Health Environment Management Bureau, the Head of Preventive Medicine Bureau, the Head of Hygiene and Food Safety Bureau and other equivalent positions who are assigned to perform the specialized inspection tasks by the Government shall have the rights to:

a) Impose warning;

b) Impose fines of up to the maximum level for the respective field specified in Article 24 of this Law;

c) Deprive the rights of using licenses, professional practice certificates in definite time or suspension of operation in definite time;

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

e) Apply the remedial measures specified in Clause 1, Article 28 of this Law.

5. The Heads of the ministerial-level specialized inspection team shall have the rights to sanction according to the regulations in Clause 3 of this Article.

The Heads of the provincial-level specialized inspection team, the Heads specialized inspection team of state management agencies who are assigned to perform the specialized inspection tasks shall have the rights to sanction according to the regulations in Clause 2 of this Article.

Article 47. Competence of the Maritime Port Authorities, the Airport Authorities, the Inland River Port Authorities

1. The Chief Representatives of the Maritime Port Authorities, the Chief Representatives of the Inland River Port Authorities and the Chief Representatives of the Airport Authorities shall have the rights to:

a) Impose warning;

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

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

2. The directors of the Maritime Port Authorities, the directors of the Inland River Port Authorities under the Inland Waterways Bureau and the directors of the Airport Authorities shall have the right to:

a) Impose warning;

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

c) Deprive the rights of using licenses, professional practice certificates in definite time or suspension of operation in definite time;

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

e) Apply the remedial measures specified in point a, b, c, dd, i and k, Clause 1, Article 28 of this Law.

Article 48. Competence of the People’s Courts

1. The judges chairing the court sessions shall have the rights to:

a) Impose warning;

b) Impose fines of up to VND 1,000,000;

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.

2. The judges who are assigned to settle the bankruptcy lawsuits shall have the rights to:

a) Impose warning;

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

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 the remedial measures specified in point a, i and k, Clause 1, Article 28 of this Law

3. Chief Judge of district People’s Court, specialized Chief Judge of provincial People’s Court, Chief Judge of Regional Military People’s Court have the rights to:

a) Impose warning;

b) Impose fines of up to VND 7,500,000;

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;

4. Chief Judge of provincial People’s Court, Chief Judge of Regional Military People’s Court and equivalent positions, Chief Judge of Appellate Courts, specialized Chief Judge of the People’s Supreme Court have the rights to:

a) Impose warning;

b) Impose fines of up to the maximum level for the respective field specified in Article 24 of this Law;

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

d) Apply the remedial measures specified in point a, i and k, Clause 1, Article 28 of this Law.

Article 49. Competence of civil judgment-executing bodies

1. The civil judgment executors being on official duty shall have the rights to:

a) Impose warning;

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

2. The Heads of Civil Judgment Execution Bureau have the rights to:

a) Impose warning;

b) Impose fines of up to VND 2,500,000;

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 the remedial measures specified in point a, i and k, Clause 1, Article 28 of this Law.

3. The civil judgment executors who are the Team leader of Assets Management and Liquidation of bankruptcy have the rights to:

a) Impose warning;

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

c) Apply the remedial measures specified in point a, i and k, Clause 1, Article 28 of this Law.

4. The Directors of Civil Judgment Execution Department, the heads of the judgment executing bureaus of the military zone level have the rights to:

a) Impose warning;

b) Impose fines of up to VND 20,000,000;

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 the remedial measures specified in point a, i and k, Clause 1, Article 28 of this Law.

5. The Director General of Civil Judgment Execution Department have the rights to:

a) Impose warning;

b) Impose fines of up to the maximum level for the field of civil judgment execution specified in Article 24 of this Law;

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

d) Apply the remedial measures specified in point a, i and k, Clause 1, Article 28 of this Law.

Article 50. Competence of the Overseas Labor Management Department

The director of the Overseas Labor Management Department has the rights to:

1. Impose warning;

2. Impose fines of up to the maximum level for the Overseas Labor Management field specified in Article 24 of this Law;

3. Confiscate material evidences and/or means used for administrative violations;

4. Deprive the rights of using licenses in definite time or suspension of operation in definite time;

5. Apply the remedial measures specified in point a, i and k, Clause 1, Article 28 of this Law.

Article 51. Competence of diplomatic missions, consulates and other agencies authorized to perform consular functions of the Socialist Republic of Vietnam in foreign countries

Heads of diplomatic missions, consulates and other agencies authorized to perform consular functions of the Socialist Republic of Vietnam in foreign countries have the rights to:

1. Impose warning;

2. Impose fines of up to the maximum level for the respective field specified in Article 24 of this Law;

3. Confiscate material evidences and/or means used for administrative violations;

4. Apply the remedial measures specified in point a, i and k, Clause 1, Article 28 of this Law.

Article 52. Principles for determining and fixing the competence to administrative violation sanction and application of remedial measures

1. The administrative violation sanctioning competence of the persons defined in Articles 38 to 51 of this Law is the competence applicable to an act of administrative violation for persons. In case of fines, the competence sanctioning organizations shall be 02 times compared with the competence sanctioning personals and be determined on the basis of the percentage prescribed in this Law with that position.

In the case of fines for administrative violations in the inner city areas of the fields specified in Paragraph 2, Clause 1, Article 23 of this Law, the titles competent to fines for administrative violations regulated by the Government shall also have the sanctioning competence equivalent to the higher fines for administrative violations regulated by the People's Council of cities under the Central State applicable in the inner city.

2. Fines competence prescribed in Clause 1 of this Article shall be determined on the basis of the maximum level of the fine frame prescribed for each specific violating act.

3. Chairmen of the People's Committees of all levels with competence to sanction administrative violations in the field of local state management.

Persons with competence to sanction administrative violations specified in Articles 39 to 51 of this Law have competence to sanction administrative violations in the fields, sectors under their management.

In the case of administrative violations under the sanctioning competence of many persons, the administrative sanctions shall be conducted by the person who handles the violations in the first time.

4. In case of sanctioning a person who commits multiple violations, the competence to sanction administrative violations shall be defined according to the following principles:

a) If the form of sanctions, the value of material evidences and means of administrative violations are confiscated, remedial measures are prescribed for each act under the control of the person who sanctions administrative violations, the sanctioning competence still belongs to that person;

b) If the form of sanctions, the value of material evidences and means of administrative violations being confiscated, remedial measures are prescribed for one of acts beyond the competence of the person who sanctions of administrative violations, such person must transfer the violations to suitable authority.

c) If the acts under the competence of administrative sanctions of many different sectors, the sanctioning competence shall be under the Chairmen of the People's Committees where the violations occur with competence to impose sanctions.

Article 53. Changing the names of the titles having the competence to sanction administrative violations

In case the titles with competence to sanction administrative violations specified in this Law changes the names, these titles shall have sanctioning competence.

Article 54. Delegation of the sanctioning competence

1. Persons with competence to sanction administrative violations specified in Article 38; Clause 2, 3, 4, 5, 6 and 7, Article 39; Clause 2, 3 and 4 of Article 40; Clause 3, 4, 5, 6 and 7, Article 41; Clause 2, 3, 4 and 5, Article 42; Clause 2, 3, 4 and 5, Article 43; Clause 2, 3, 4 and 5, Article 44; Clause 2, 3 and 4 of Article 45; Clause 2, 3 and 4 of Article 46; Article 47; Clause 3 and Clause 4, Article 48; Clause 2, 4 and 5 of Article 49; Article 50 and Article 51 of this Law may be assigned to their deputy to sanction administrative violations.

2. The delegation of sanctioning administrative violations are carried out regularly or according to each case and must be made in writing, clearly identifying the scope, content and duration of the delegation.

3. The deputies delegated to sanction administrative violations shall be responsible for their administrative sanctions decisions before their Heads and law. Persons who are delegated can not empower, authorize to any other person.

Chapter III

PROCEDURES FOR SANCTION, EXECUTION OF SANCTIONING DECISIONS AND COERCIVE EXECUTION OF SANCTIONING DECISIONS

Section 1. PROCEDURES FOR SANCTION

Article 55. Forcing to stop acts of administrative violations

Forcing to stop acts of administrative violations is action applied by the competent persons on their official duty for the ongoing administrative violations in order to stop immediately the acts of violations. Forcing to stop acts of administrative violations is conducted by words, whistle, command, document or other forms as prescribed by law.

Article 56. Administrative sanction without record taking

1. Administrative sanction without record taking is applicable in cases of warning or fines of up to VND 250,000 for individuals, VND 500,000 for organizations and the persons with sanctioning competence must make decisions of administrative sanctions on the spot.

In case administrative sanctions are detected thanks to using technical, professional equipment, means, the record must be taken.

2. Decisions of administrative sanctions on the spot must be written clearly the information of date of decisions; full name, address of violators or name, address of violating organizations; acts of violations; venues of violations; evidences and details related to the violation settlement; full name, position of persons who make sanctioning decisions; articles, clauses of applicable legal documents. In case of fines, there must be the fine levels in the decisions.

Article 57. Administrative sanction with taking records, dossiers of administrative sanctions

1. Administrative sanctions with record taking applied for acts of administrative violations of individuals, organizations committing acts of administrative violations not belong to cases specified in paragraph 1, Clause 1, Article 56 of this Law.

2. The sanctions of administrative violations with taking records must be made into dossiers of administrative sanctions by competent persons. The dossiers include records of administrative violations, decisions of administrative sanction, related documents and papers and must be filled in book of records.

The dossiers must be restored according to the law provisions of archives.

Article 58. Taking record of administrative violation

1. Upon detecting administrative violations in their respective management domains, persons with sanctioning competence on duty shall promptly make records thereof, except for cases of sanctioning without record taking specified in Clause 1, Article 56 of this Law.

For administrative violations detected by professional technical devices, means, a record shall be made immediately after violators, violating organizations are identified.

For administrative violations committed on aircraft, ships, trains the aircraft, train or ship captains must make records thereof and send them to persons with administrative sanctioning competence when the aircraft, trains or ships return to the airports, platforms or seaports.

2. An administrative violation record must clearly indicate the date and place of making the record; full name and position of the maker, full name, address and occupation of the violator or name and address of the violating organization; time, date and location when and where the administrative violations occur; acts of violations; measures taken to prevent the administrative violations and ensure handling; conditions of the seized material evidences and means; statements of the violators or representatives of the violating organizations. If there are witnesses, victims or representatives of the victim organizations, their full names, addresses and statements must be indicated in the record; rights and term of explaining administrative violations of violators or representatives of violating organizations; agencies receiving explanations.

If the administrative violators, representatives of violating organizations are absent at the place occurring violation or deliberately escape or fail to sign on the record due to objective reasons, the record must be signed by a representative of the authority at grassroots of the place occurring violation or signed by two witnesses.

3. A record must be made in at least two copies; signed by the record maker and the violators or the representatives of the violating organizations; in case violators can not sign, they can press their finger-prints in record. If there are witnesses, victims or representatives of the victim organizations, they must also sign in the record. If the record consists of many pages, the persons mentioned in this Clause shall sign in each page of record. If the violators, the representatives of the violating organizations, witnesses, victims or representatives of the victim organizations refuse to sign, the record maker shall write the reasons thereof in the record.

After the records of administrative violations have been completed, they must be given to violators, violating organizations 01 copy; in case the administrative violations do not belong to or beyond the sanctioning competence of the record makes, the records must be immediately transferred to the persons with sufficient competence to sanction.

In case the violators are the minors, the records must also be sent to their parents or guardians.

Article 59. Verifying details of administrative sanctions

1. During the consideration of making administrative sanctioning decisions, if necessary, the persons with sanctioning competence are responsible for verifying these following details:

a) Whether or not administrative violations;

b) Individuals and organizations committing administrative violations, errors, personal identifications of violators;

c) Aggravating, extenuating circumstances;

d) The nature and extent of damage caused by administrative violations;

dd) Case of without decisions on administrative sanctions specified in Clause 1, Article 65 of this Law;

e) The other details which are meaningful to the consideration, sanctioning decisions

During the process of consideration, making sanctioning decisions, the persons with sanctioning competence may solicit expertise. The soliciting expertise shall be conducted according to the law provisions of expertise.

2. Verifying details of acts of administrative violations must be made in writing.

Article 60. Defining the value of material evidences of administrative violations as a basis for the defining frame of fines, sanctioning competence

1. In the case of defining the value of material evidences of administrative violations as a basis for defining the frame of fines, sanctioning competence, the competent persons who are handling cases must define the value of material evidences and must be responsible for such evaluation.

2. Depending on the specific material evidence, the evaluation is based on one of the grounds in the following priority order:

a) The price listed or stated in the contract or purchase invoices or import declaration;

b) The price according to the notice of local financial agencies; in case of without price notice, the price shall be based on the market price in the localities at the time of administrative violations;

c) The cost price of material evidence if it is goods not yet been brought out for sale;

d) For the material evidences being fake goods, the price of the material evidences are the market price of the real goods or goods of the same features, technology, use at the place of detecting administrative violations.

3. In case there is no basis to apply regulations in Clause 2 of this Article to define the value of material evidences of administrative violation for defining the frame of fines, sanctioning competence, the competent persons handling that case can make decisions on temporary seizure of material evidences of administrative violation and establish an Appraisal Council. The Appraisal Council includes the person who makes decision on temporary seizure of material evidences as the Chairman of the Council, the representative of the financial agencies of the same level and the representative of relevant professional agencies as members.

The time limit of temporary seizing material evidences to determine the value is not more than 24 hours since making the decisions on temporary seizure, in cases of extreme necessity; the time limit may be extended but must not exceed 24 hours. All costs relating to the seizure, valuation and damages caused by the temporary seizure shall be paid by the agencies of person competent to make decision on temporary seizure. Procedure, records of temporary seizure shall be conducted according to regulations in Clause 5 and Clause 9, Article 125 of this Law.

4. Bases for defining value and documents related to the definition of value of material evidences must be written in the dossiers of administrative sanctions.

Article 61. Explanation

1. For acts of administrative violations which regulated by the law provisions to apply the sanctioning forms of depriving the rights of using licenses, professional practice certificates in definite time or suspension of operation in definite time or apply the maximum fines of the fine frame for those acts from VND 15,000,000 or more than for individuals, from VND 30,000,000 or more than for organizations, the violating individuals, organizations have right to explain directly or in writing for persons with competence to sanction administrative violations. The persons with sanctioning competence are responsible for consider explanation of violating individuals, organizations before making sanctioning decisions, except for those cases that individuals, organizations do not have requirements of explanation within the term specified in Clause 2 and Clause 3 of this Article.

2. For cases of explanation in writing, violating individuals, organizations must send written explanations to persons with competence to sanction administrative violations within 05 days, since the date of taking records of administrative violations.

In case of complicated circumstances, the competent persons can extend with the maximum of 5 days at the request of the violating individuals, organizations.

The violating individuals, organizations must perform explanations in writing by themselves or by their legal representatives.

3. For the cases of direct explanation, the violating individuals, organizations must send their written request for direct explanation to the persons with sanctioning competence within 02 working days, since the date of taking record of administrative violations.

The persons with sanctioning competence must send written notices to violators about the time and venue of direct explanation session within 05 days, from the date of receiving request of violators.

The persons with sanctioning competence hold the direct explanation session and are responsible for defining legal foundations and details, evidences related to the acts of administrative violations, sanctioning forms, remedial measures scheduled to apply for violating acts. The violating individuals, organizations, their legal representatives have rights to participate in the direct explanation session and giving opinions, evidences to protect their legal rights and benefits.

The direct explanation must be made in the records, and signed by the related parties. If the record consists of many pages, the parties must sign on each page. This record must be stored in the dossier of administrative violation sanction and assigned to the violating individuals, organizations or their legal representatives 01 copy for each respective one.

Article 62. Transferring dossiers of cases of violation with criminal signs for penal liability examination

1. When considering the violating case to decide administrative sanctions, if deeming that the violating acts have criminal signs, the persons with sanctioning competence must immediately transfer the violating case to criminal procedure agencies.

2. During the process of sanctioning decisions on administrative sanctions, in case the violating acts are detected to have criminal signs while the statute of limitations is not over, the decider of administrative sanctions must decide to temporarily suspend that decision and within 03 days, from the suspension date, they must transfer the violating case to criminal procedure agencies; in case the sanctioning decisions are completed, the decider of administrative violations must transfer the violating case to criminal procedure agencies.

3. The criminal procedure agencies are responsible for considering, concluding the case and reply the results in writing to the competent persons who have transferred documents in the terms according the law provisions of criminal procedure; in case of not prosecuting a criminal case, the criminal procedure agencies must return the case to the competent persons who have transferred documents.

For cases specified in Clause 2 of this Article, if the criminal procedure agencies decide to prosecute the case, the persons with competence of administrative sanctions must cancel the decisions on administrative sanctions and transfer all material evidences, means of administrative violations and documents about the execution of sanctioning decisions for criminal procedure agencies.

4. The transferring of violating cases with criminal signs to examine for penal liability must be informed in writing for violators.

Article 63. Transferring dossiers of violation cases for administrative sanctions

In cases that criminal procedure agencies handling, settling, but later got other decisions not to criminal prosecutions, canceling decisions on criminal prosecutions, decisions on suspending the investigation or decisions on suspending the cases, if the violation acts have signs of administrative violations, within three days as from the date of issuing decisions to suspend the investigation or suspend the cases, the agencies conducting the criminal proceedings must transfer the above-mentioned decisions together with dossiers, material evidences, means of violation case and proposal of administrative sanction to the persons with competence of administrative sanction.

2. The administrative sanction shall be based on dossier of violation case being transferred by the criminal procedure agencies.

If necessary, the persons with competence of administrative sanction shall conduct further verification of details as foundation of administrative sanctioning decision.

3. The time limit for making decisions on administrative sanctions is 30 days, from the date of receiving decisions specified in Clause 1 of this Article together with the dossiers of violation cases. In case of further verification specified in Clause 2 of this Article, the maximum time limit is not over 45 days.

Article 64. Use of professional, technical devices, equipment in detecting administrative violations

1. Agencies, persons competent to sanction administrative violations are entitled to use professional, technical devices, equipment to detect administrative violations of order, traffic safety and environmental protection.

2. The management, use and definition of list of professional, technical devices, equipment must ensure the following principles:

a) Respect for freedom, honor, dignity and privacy of citizens and other lawful rights and interests of individuals and organizations;

b) To comply with the process, rules on the use of professional, technical devices, equipment;

c) The results obtained by professional technical devices, equipment must be recorded in writing and will only be used in administrative sanctions;

d) Professional, technical devices, equipment must be ensured complied with technical standards, regulations prescribed by the competent authorities.

3. The Government shall stipulate the management, use and list of professional, technical devices, equipment used to detect administrative violations.

Article 65. Cases without decisions on administrative sanctions

1. There are no decisions on sanctioning administrative violations in the following cases:

a) Cases specified in Article 11 of this Law;

b) Failing to identify the objects of administrative violations;

c) The statute of limitations for sanctioning administrative violations specified in Article 6 is over or the expiration of the sanctioning decisions specified in Clause 3 of Article 63 or Clause 1 of Article 66 of this Law;

d) Individuals committing administrative violations are dead, missing, violating organizations are in the situation of dissolution, bankruptcy in period of considering for making the sanctioning decisions;

e) Transfer dossiers of violation cases with criminal signs as prescribed in Article 62 of this Law.

2. For the cases specified in point a, b, c and d, Clause 1 of this Article, the competent persons do not make decisions on administrative sanctions but can make decisions on confiscating material evidences to the state budget or destroy material evidences of administrative violations belong to the types of being banned for circulation and applied remedial measures specified in Clause 1, Article 28 of this Law.

In the decision, the reasons for not making decisions on administrative sanctions must be written; confiscated or destroyed material evidences; applied remedial measures, responsibility and time limit of implementation.

Article 66. The time limit for making decisions to sanction administrative violations

1. Persons with competence of administrative sanctions must make decisions on administrative sanctions within 07 days, from the date of taking administrative records. For those cases with complicated details which do not belong to cases of explanation or explanation cases specified in Clause 2 and Clause 3 of Article 61 of this Law, the time limit for making sanctioning decisions are 30 days, from the date of taking records.

In case of particularly serious cases, with many complicated details and belong to explanation cases specified in paragraph 2, Clauses 2 and 3, Article 61 of this Law, which requires more time to verify and collect evidences, the persons with sanctioning competence must report to their direct heads in writing to ask for extension; the extension must be made in writing, the time limit of extension shall not exceed 30 days.

2. Beyond the time limit specified in Clause 1 of this Article or Clause 3, Article 63 of this Law, the persons with sanctioning competence do not make sanctioning decisions but still make decisions on application of remedial measures specified in Clause 1, Article 28 of this Article, decisions on confiscating material evidences to the state budget or destroying material evidences of administrative violations belong to the types of being banned for circulation.

In case persons with competence of administrative sanctions have mistakes in not making decisions in excess of the time limit, they shall be handled according to the law provisions.

Article 67. Issuance of decisions on sanctioning administrative violations

1. In case one individual, organization committing many acts of administrative violations and being sanctioned at the same time, just one sanctioning decision is made, in which defining forms, levels of sanctions for each act of administrative violations.

2. In case many individuals, organizations committing an act of administrative violations, 01 or more sanctioning decisions can be made to define sanctioning forms, levels for each individual, organization.

3. In case many individuals, organizations committing many different administrative violations in the same violation case, 01 or more sanctioning decisions can be made to decide sanctioning forms, levels for each violating act of each individual, organization.

4. Sanctioning decisions take effect from the date of signing, unless the different effective date provided in decisions

Article 68. The content of decisions on administrative sanctions

1. Decisions on administrative sanctions must include the main content as follows:

a) Location, date of making decisions;

b) Legal foundations for promulgating decisions;

c) Records of administrative violations, results of verification, written explanation of violating individuals, organizations or records of explanation meeting and other documents (if any);

d) Full name, position of decider;

dd) Full name, address, occupation of violators or name, address of violating organizations;

e) Acts of administrative violations; extenuating circumstances, aggravating circumstances;

g) Articles, Clauses of applied legal documents;

h) The principal sanctioning form; additional sanctioning forms, remedial measures (if any);

i) Rights of complains, initiate lawsuits against decisions on administrative sanction;

k) Effect of decisions, time limit and place of implementation of decisions on administrative sanction, places for fine payment;

l) Full name, signatures of the persons who make decisions on administrative sanctions;

m) Responsibility for executing decisions on administrative sanctions and the coercion in case individuals, organizations are not voluntarily sanctioned.

2. The time limit of decision implementation is 10 days, from the date of receiving sanctioning decisions; in case the sanctioning decisions writing the implementation time limit of more than 10 days, the implementation shall be followed according to such time limit.

3. In case of issuing one decision on administrative sanctions for many individuals, organizations committing an violating act or many individuals, organizations committing many different acts of administrative violations in the same violation case, the content of violating act, sanctioning forms, levels for each individual, organization must be defined in a specific and clear way.

Section 2. EXECUTION OF DECISIONS SANCTIONING ADMINISTRATIVE VIOLATION

Article 69. Execution of sanctioning decisions without making records

1. The sanctioning decisions without making records must be handed to sanctioned individuals or organizations, one copy each. If minors are sanctioned with warning, the sanctioning decisions shall be sent to their parents or guardians.

2. The violating individuals, organizations pay fines on spot to the persons with sanctioning competence. The fine collectors shall hand vouchers colleting fines to individuals, organizations paying fines and remit fines directly at State Treasuries or into accounts of State Treasuries within 02 working days, as from the date of collecting fines.

If violating individuals, organizations fail to pay fines on spot, they may remit at State Treasuries or into accounts of State Treasuries indicated in the sanctioning decisions within time limit specified in clause 1, Article 78 of this Law.

Article 70. Sending decisions sanctioning administrative violation for execution

Within 02 working days, as from the day of issuing decisions sanctioning administrative violation with making records, competent persons having issued such sanctioning decisions must send to sanctioned individuals or organizations, agencies collecting fines and other relevant agencies (if any) for execution.

The decisions sanctioning administrative violation may be handed directly or through post in an assurance form and notifying to sanctioned individuals thereof.

In case a decision is handed directly but violated organization or individual deliberately does not receive such decision, competent person shall make record thereof with certification of local authority and it is considered that the decision has been handed.

For cases when sending through post in an assurance form, if within 10 days, since the sanctioning decision has been sent through post for the third time and be returned because violating individual or organization deliberately does not receive it; the sanctioning decision has been posted at the residence place of sanctioned individual, head office of sanctioned organization or there are grounds for presuming that the violator evades receiver of sanctioning decision, in such cases, it is considered that the decision has been handed.

Article 71. Transfer of sanctioning decisions for execution

1. In case individuals, organizations perform administrative violations in locals of this provincial level but being resident, placing office in locals of other provincial level and have no condition to serve sanctioning decision at sanctioned place, sanctioning decisions shall be transferred to agencies at the same level in places where individuals being resident, organizations placing head offices in order to organize execution; if places where individuals being resident, organizations placing head offices, have no agency at the same level, sanctioning decision shall be transferred to the district-level People’s Committees in order to organize execution.

2. If administrative violations happen in a district-level local but individuals being resident, organizations placing office in other district-level local and in scope of a province in mountainous areas, islands, remoted areas which is difficult for going and violated individuals or organizations have no condition to serve sanctioning decision at sanctioned place, the sanctioning decisions shall be transefered to agencies at the same level in place where individuals being resident, organizations placing office in order to organize execution.

3. Agencies having competence on sanctioning administrative violations for cases specified in clause 1 and clause 2 of this Article shall transfer entire dossier, related documents; material evidences and/or means used to commit administrative violations (if any) to agencies receiving sanctioning decisions for execution as prescribed by this Law. Violating individuals, organizations shall pay expenditures for transtort of dossiers, material evidences and/or means used to commit administrative violations.

Article 72. Public announcement by mass media on sanctioning with respect to individuals, organizations committing administrative violation

1. If commiting administrative violations on food safety; product and goods quality; pharmacy; medical treatment and examination; labor; construction; social insurance; health insurance; environmental protection; tax; securities; intellectual property; measurement; production and/or trading in counterfeits causing big consequences or bad affect in social opinion, agencies of persons competent to sanction administrative violations shall publish in sanction.

2. Content publicized includes individuals, organizations committing administration violation, violating acts, forms of sanctions and remedial measures.

3. The publication being performed on websites or news of Ministrial-level, Depeartment-level management agencies or provincial People’s Committees where happening administrative violations.

Article 73. Execution of decisions sanctioning administrative violation

1. Individual or organization being sanctioned administrative violations must serve sanctioning decision within 10 days, since receiving decision sanctioning administrative violation; if decision sanctioning administrative violation indicate time limit of execution more than 10 days, may execute under that time limit.

When individual or organization being sanctioned administrative violation complain, sue with respect to decision sanctioning administrative violation, the sanctioning decision must be executed, except for case specified in clause 3 Article 15 of this Law. Complaints, lawsuits shall be settled as prescribed by law.

2. The persons competent to sanction and have issued sanctioning decisions shall monitor, examinate sanctioning decisions’ execution of sanctioned individuals or organizations and notify result of finish decisions’ execution to agencies managing the database on handling administrative violations of the Ministry of Justice and local Justice agencies.

Article 74. Statute of limitations for executing decisions sanctioning administrative violations

1. Statute of limitations for executing decisions sanctioning administrative violations is 01 year, as from the day of issuing decision, past this time limit, not executing such decisions, unless the sanctioning decisions have forms of sanctions such as confiscating material evidences and/or means used to commit administrative violations, applying remedial measures, in cases, must confiscate material evidences and/or means prohibited for cisculation, apply remedial measures in necessary cases in order to protect environment, ensure on construction, traffic, and order security, social safety.

2. If sanctioned individuals or organizations deliberately evade, postpone, the above-mentioned statute of limitations shall be calculated from time stopping actions of evading, postponing.

Article 75. Execution of decisions sanctioning administrative violation in case the sanctioned persons died, missed, sanctioned organizations dissolve or bankrupt

In case the sanctioned persons died, missed, sanctioned organizations dissolve or bankrupt, not execute decision on fines, but execute forms of sanctions such as confiscating material evidences and/or means used to commit administrative violations and remedial measures indicated in decisions.

The Government provides in details this Article.

Article 76. Postponing execution of decisions on fines

1. A decision on fines may be postponed for execution in case individual fined from 3,000,000 dong or more meeting special, unexpected economic difficulties due to disasters, fires, epidemics, dangerous diseases, accidents and certified by communal People’s Committees where that person resideor by agency or organization where that person studying, working.

2. The individual must have application for postponing decision sanctioning administrative violation and send it to agency of person having issued sanctioning decision. Within 05 days, as from the day of receiving application, the person who has issued sanctioning decision shall consider to decide postponing execution of that sanctioning decision.

Time limit postponing execution of sanctioning decision not exceeding 03 months, as from the day of postponing decision.

3. The individual being postponed execution of sanctioning decision may receive documents, material evidences and/or means used to commit administrative violations which have been impounded as prescribed in clause 6 Article 125 of this Law.

Article 77. Reduction, exemption of fines

1. Individuals in cases specified in clause 1 Article 76 of this Law having no capacity to serve decision, may be considered to reduce, exempt the remaining part of fines indicated in sanctioning decision.

2. The individuals specified in clause 1 of this Article must have application for reduction or exemption of the remaining part or entire of fines and send it to person having issued sanctioning decision. Within 03 days, as from the day of receiving application, the person who has issued sanctioning decision must transfer application enclosed dossiers of matters to the direct superior. Within 05 days, as from the day of receiving application, the direct superior must consider for decision and notify to the person who has issued sanctioning decision, person applying for reduction or exemption thereof; if not agree with reduction or exemption, must clearly sate reason.

If the President of the provincial People’s Committee has issued sanctioning decision, the provincial People’s Committee of that province shall consider for decision on reduction or exemption of fines.

3. The individual being reduced or exempted fines may receive documents, material evidences and/or means used to commit administrative violations which have been impounded as prescribed in clause 6 Article 125 of this Law.

Article 78. Procedures for paying fines

1. Within 10 days, since receiving sanctioning decision, sanctioned individuals or organizations must pay fines at State Treasuries or pay into account of State Treasuries indicated in sanctioning decision, unless having paid fines as specified in clause 2 and clause 3 of this Article. If past the above-mentioned time limit, they shall be enforced for execution of sanctioning decision and each late day of paying fines, violating individuals, organizations must pay additionally 0.05% on total fines have not yet paid.

2. In remote areas, border areas, mountainous areas where going meets difficulties, sanctioned individuals or organizations may pay fines for the persons with sanctioning competence. The persons with sanctioning competence shall collect fines on spot and remit at State Treasuries or into accounts of State Treasuries within 07 working days, as from the date of collecting fines.

In case sanction performed on sea or outside working hour, persons with sanctioning competence may collect directly fines and must remit at State Treasuries or remit into accounts of State Treasuries within 02 working days, as from the day coming ashore or collecting fines.

3. Individuals, organizations conducting administrative violation and being fined must pay fines one time, except for case specified in Article 79 of this Law.

All cases of collecting fines, the fine collectors shall hand vouchers colleting fines to individuals, organizations paying fines.

4. The Government provides in details this Article.

Article 79. Paying fines in many times

1. Paying fines in many times is applied when having the following conditions:

a) Being fined from 20,000,000 dong or more for individuals and from 200,000,000 dong or more for organizations;

b) Meeting special economic difficulties and having application for paying fines in many times. The application of an individual must be certified on circumstance facing special economic difficulties by communal People’s Committee where that person resideor agency, organization where that person studying, working; the application of an organization must be certified by the directly managing tax office or direct superior agency or organization.

2. Time limit of paying fines in many times not exceeding 06 months, since sanctioning decision takes effect; maximum number of times paying fines is not over 03 times.

The minimum level paying fines of the first time is 40% of total fines.

3. The person who has issued decision on fines, has right to decide paying fines in many times. The decision on paying fines in many times must be made in writing.

Article 80. Procedures for deprivation in a defined time limit of the right to use licenses, professional professional practice certificates or terminate operation in a defined time limit

1. Case of deprivation of the right to use licenses, professional professional practice certificates in a defined time limit indicated in sanctioning decision, persons with sanction competence shall collect and keep licenses, professional professional practice certificates and notify immediately to agencies have issued licenses, professional professional practice certificates threof. When ending time limit of deprivation of the right to use licenses, professional professional practice certificates indicated in sanctioning decision, persons with sanction competence shall hand over licenses, professional professional practice certificates to individuals, organizations have been deprived those licenses, professional professional practice certificates.

2. Case of termination in a defined time limit, violating individuals or organizations must stop immediately a part of or entire activities on production, business, service or other activities indicated in sanctioning decision.

3. In time of deprivation of the right to use licenses, professional professional practice certificates or termination of activities in a defined time limit, facilities doing in production, business, and service are not permitted to execute activities indicated in sanctioning decision.

4. For cases specified in clause 1 and clause 2 of this Article, if facilities doing in production, business, service have actual capacity causing consequences to human life and health, environment, the competent person must notify in writing on deprivation of the right to use licenses, professional professional practice certificates or termination of activities in a defined time limit to relevant agencies.

5. If detecting licenses, professional professional practice certificates granted ultra vires or contain illegal contents, the persons with sanctioning competence must perform withdrawal immediately intra vires, and must notify in writing to agencies which have granted those licenses, professional professional practice certificates; in case not under competence to withdraw, those persons must report to competent agencies for settlement.

Article 81. procedures for confiscation of material evidences and/or means of administrative violations

1. When confiscating material evidences and/or means of administrative violations as prescribed in Article 26 of this Law, the persons with sanctioning competence must make the record thereof. In the record must clearly indicate name, quantity, category, registration number (if any), conditions, quality of confiscated articles, money, goods, and/or means means of administrative violations and must have signature of person performing confiscation, sanctioned persons or representative of sanctioned organizations and the witnesses; if sanctioned persons or representative of sanctioned organizations are not absent, there must be two witnesses. For material evidences and means of administrative violations which need seal, the sealing must be carried out in front of the sanctioned persons or the representatives of the sanctioned organizations or the witnesses. The sealing must be recorded.

For temporary seized material evidences and means of administrative violations, when realizing that conditions of material evidences and means change comparing to time issuing decision on custody, persons with sanctioning competence must make record on these changes; the record must have signatures of the person making record, person in charge of custody and the witnesses.

2. The confiscated material evidences and/or means of administrative violations must be managed and preserved under regulation of the Goverment.

Article 82. Handling the confiscated material evidences and/or means of administrative violations

1. The confiscated material evidences and/or means of administrative violations shall be handled as follows:

a) For material evidences of administrative violations being Vietnam money, foreign currency, certificates of value, gold, silver, jewels, precious metals, they must be remitted into the State budget;

b) For papers, material, documents relating to material evidences and/or means used to commit administrative violations, they shall be transfer to agencies in charge of managing, using assets as prescribed in point d of this clause.

c) For material evidences and/or means used to commit administrative violations as drug, weapon, explosives, support tools, objects with history value, cultural value, national treasures, antiques, precious forestry product, objects being prohibited circulation and other assets, they shall be transfer to specialized state management agencies in order to manage, handle as prescribed by law;

d) For material evidences and/or means used to commit administrative violations which are transfered to state agencies for management and use under decision of competent authorities, agency having issued decision on confiscation shall assume the prime responsibility for, and coordinate with financial agency to organize transfer to state agency for management, use;

dd) For material evidences and/or means used to commit administrative violations which are confiscated not in cases specified in points a, b, c and d of this clause, hiring a professional auction organization in local of central-affiliated cities and provinces where happen violation act in order to implement auction; if fail to hire an auction organization, establishing a council for auction.

Auction of confiscated material evidences and/or means of administrative violations shall be implement under regulation of law on auction;

e) For confiscated material evidences and/or means of administrative violations which are useless or cannot to auction, agencies of competent persons having issued decision on confiscation must establish a handling council including relevant state agencies. Handling the confiscated material evidences and/or means of administrative violations must be made record with signatures of members of handling council. Methods, orders of, procedures for handling assets are implemented as prescribed by law on managing, using state assets.

2. Procedures for handling the confiscated material evidences and/or means of administrative violations specified in clause 1 of this Article shall be implemented as follows:

a) For cases specified in points a, b, c and d clause 1 of this Article, agency deciding confiscation shall make record of submitting, transferring material evidences and/or means. Handing over and receiving material evidences and/or means of administrative violations as prescribed in points a, b, c and d clause 1 of this Article must be implemented as prescribed by law on managing, using state assets;

b) For cases specified in point d clause 1 of this Article, the reserve price of auctioned asset when doing procedures for transfer shall be defined under Article 60 of this Law. If value of material evidences and/or means of administrative violations which has been defined, changes at time point of transfer, agency issuing decision on confiscation of material evidences and/or means of administrative violations shall decide establishments of council for evaluation of assets before doing procedures of transfer. Members of evaluation council as prescribed in clause 3 Article 60 of this Law.

3. Within 30 days, as from the day of decision on confiscation of material evidences and/or means of administrative violations, competent agencies must handle as prescribed in clause 1 of this Article. If passing this time limit, but not implement, the competent agencies shall be responsible before law.

4. Expenses for warehousing, yards and preservation of confiscated material evidences and means of administrative violations, charge of auction and other expenses compliable with law provisions shall be subtracted from the proceeds from the sale of confiscated material evidences and/or means of administrative violations.

The proceeds from the sale of confiscated material evidences and/or means of administrative violations after subtracting expenses as prescribed in this clause and compliable with law provisions, must be remit into the State budget.

Article 83. Management of the proceeds from sanctioning administrative violations, vouchers of collection, remittance of fines

1. The proceeds from sanctioning administrative violations include paid amount for administrative violation; paid amount due to late execution of decision on fines; amounts from sale, liquidation of the confiscated material evidences and/or means of administrative violations and other amounts.

2. All the proceeds from sanctioning administrative violations must be remitted in the State budget and be managed, used in accordance with provisions of law on the State budget.

Vouchers of collection, remittance of fines shall be managed under redulations of Government.

Article 84. Procedures for expulsion

1. Decision on expulsion must be notified before implementation to the Ministry of Foreign Affairs, the diplomatic mission, consular post of country of which person expelled is citizen or of country where that person have been resident before coming Vietnam.

2. The competent Police offices shall organize implementation of decision on expulsion, apply preventive measures and ensure handling administrative violations specified in Chapter I fourth part of this Law.

Article 85. Implementation of remedial measures

1. Time limit for implementation of remedial measures is performed under the decision on sanctioning administration violation or decision on applying remedial measures as prescribed in point b, clause 2, Article 28 of this Law.

2. Individuals, organizations conducting administrative violation shall implement remedial measures indicated in decision as prescribed by law and be liable to all expenses for implementation of those remedial measures.

3. The person having competence for issuance of decision shall monitor, expedite and inspect implementation of remedial measures being performed by individuals, organizations.

4. If fail to define subject of administrative violation as prescribed in clause 2 Article 65 of this Law or individual is die, lost or organizations is dissolved, bankrupt and having no organization receiving transfer of rights and obligations as prescribed in Article 75 of this Law, agencies where person having competence of sanction and handling dossier of administrative violation must organize implementation of remedial measures specified in clause 1, Article 28 of this Law.

Expenses for implementation of remedial measures which agency of person having competence for sanction issue decision for implementation are taken from reserve budget source allocated to that agency.

5. In emergency case, which needs overcome immediately consequence in order to protect environment, ensure traffic, agencies where person having competence of sanction and handling dossier of administrative violation shall organize implementation of remedial measures. Individuals, organizations committing administrative violation must repay expenditure to agencies having implemented remedial measures, if not repay, they shall be forced for implementation.

Section 3. COERCIVE EXECUTION OF DECISIONS SANCTIONING ADMINISTRATIVE VIOLATIONS

Article 86. Coercive execution of decisions sanctioning administrative violations

1. Ccoercive execution of decisions sanctioning administrative violations is applied in case individuals, organizations sanctioned administrative violation fail to voluntarily execute the sanctioning decision as prescribed in Article 73 of this Article.

2. The coercive measures include:

a) Deducting part of wages or income, deducting money from bank accounts of violating individuals, organizations;

b) Distraining assets with value corresponding to the fine amount for auction;

c) Collecting money, assets of subjects forced for execution of decision on sanctioning administrative violation which are kept by other individuals, organizations if after violating, individuals, organizations deliberately disperse their assets.

d) Forcible application of remedial measures specified in clause 1 Article 28 of this Law.

3. The Government shall prescribe in details coercive execution of decisions sanctioning administrative violations.

Article 87. Competence to decide enforcement

1. The following persons having competent to issue decision on enforcement.

a) President of People’s Committee at levels;

b) The police post chiefs, district-level police chiefs, directors of Fire-Fighting Police Bureaus, directors of provincial police departments, director general of the Department of Internal Political Security, director general of the Department of Economic Security, director general of Department of Cultural and Ideology Security, director general of Deparment of Information Security, director general of the Police Department for Administrative Management of Social Order, director general of the Police Department for Investigating Crimes on Social Order, director general of the Police Department for Investigating Crimes on Economic and Position Management Order, director general of the Police Department for Investigating Drug-related Crimes, director general of the Traffic Police Department for roadway, railway, director general of the Waterway Police Department, director general of the Police Department for Fire-fighting, Salvage and Rescue, director general of the Exit and Entry Management Department, director general of the Police Department for Justice Protection and Support, director general of the Police Department for Prevention and Combat of Environmental Crimes, director general of the Police Department for Prevention and Combat of Crimes Using Hi-tech;

c) Border Post chiefs, Border Guard Commanders of the Border-gate, Port, provincial-level Border Guard Commanders, Commanders of the Border Guard Fleets under the Border Guard Command; Coast Guard region commanders, director of the Coast Guard Department;

d) Customs Sub-Department heads, directors of provincial, inter-provincial Customs Deparment, directors of Post-Clearance Examination Department, directors of Anti-Smuggling Investigation Department under the General Department of Customs, director general of the General Department of Customs;

dd) Directors of the Ranger Sub-Departments, directors of the Ranger Departments;

e) Directors of taxation sub-department, directors of taxation department, director general of Taxation General Department;

g) Directors of Market Management sub-Department, directors of Market Management Department;

h) Director of the Overseas Laborers Management Department, the heads of diplomatic missions, consular posts, other agencies authorized to implement consular function of Vietnam overseas

i) The titles specified in clauses 2,3 and 4 Article 46 of this Law;

k) Directors of Maritime Port Authorities, directors of Inland River Port Authorities, Director of Airport Authorities;

l) The court presidents of district-lavel People’s Courts, court presidents of provincial People’s Courts, court presidents of regional Miliatry Courts, court presidents of Military Zone and equivalent Courts, presidents of specialized Courts of Supreme People’s Court; directors of Civil Judgment-Executing sub-departments, directors of Civil Judgment-Executing Departments, heads of the judgment executing bureaus of the military zone or equivalent level, director general of Civil Judgment-Executing general department.

2. The enforcement competent persons specified in clause 1 of this Article may delegate for their deputies. The delegating is just performed when the leaders being absent and must be presented in writing, in which clearly defining the delegated scope, content, time limit. The deputies being delegated must be responsible for their decisions before the leaders and before the law. The delegated persons are not allowed to further delegate or authorize for any other individual.

Article 88. Execution of coercive decision

1. Persons issuing coercive decisions shall immediately send coercive decisions to relevant individuals, organizations and implement the coercive execution for sanctioning decision of their own and their subordinates.

2. Individuals, organizations receiving the coercive decisions must strictly comply with coercive decisions and be liable to all expenses on implemenetation of coercive measures.

3. The responsibilities of agencies, organizations in coordination to implement coercive decisions:

a) The relevant individuals, organizations have obligation to coordinate with the persons having competence issuing coercive decisions to deploy measures aiming to implement coercive decisions;

b) The People Police Forces shall ensure order and safety in process of execution of coercive decisions of the President of the People’s Committee at the same level or coercive decisions or other state agencies as required;

c) The credit institutions where opening accounts of individuals, organizations being forced for execution must retain in accounts of those individuals, organizations an amount equivalent to the payable amount of individuals, organizations at the request of persons having competence to issue coercive decisions. If balance in deposit account is less than the amount which individuals, organizations being forced to pay, credit institutions still must retain and deduct to remit that amount. Within 05 working days before deducting and remitting, credit institutions shall notify to individuals, organizations being forced, deducting and remitting do not need their agreement.

Bài viết liên quan

Bị giữ bằng lái xe có được lái xe không?

Bị giữ bằng lái xe có được lái xe không?

Trong một số trường hợp vi phạm luật giao thông, cảnh sát giao thông (CSGT) sẽ tạm giữ bằng lái để đảm bảo người vi phạm đóng phạt đúng quy định. Sau khi hoàn thành nghĩa vụ nộp phạt, giấy phép lái xe sẽ được hoàn trả. Dù vậy, nhiều người điều khiển phương tiện giao thông vẫn băn khoăn trong thời gian bị giam bằng lái có chạy xe được không hay phải đợi hết hạn giấy phạt. Bài viết này sẽ giải đáp cho thắc mắc đó. 18/12/2024

Lỗi không bằng lái xe máy có bị giam xe không?

Lỗi không bằng lái xe máy có bị giam xe không?

Khi tham gia giao thông, người điều khiển xe máy cần mang theo bằng lái xe. Vậy nếu khi tham gia giao thông, người điều khiển xe máy không có bằng lái xe thì có bị giam xe không? Bài viết này sẽ đi trả lời cho câu hỏi đó. 18/12/2024

Không đăng ký tạm trú khi ở trọ bị phạt bao nhiêu tiền? Sau bao lâu không đăng ký tạm trú thì bị phạt

Không đăng ký tạm trú khi ở trọ bị phạt bao nhiêu tiền? Sau bao lâu không đăng ký tạm trú thì bị phạt

Theo quy định của Luật Cư trú 2020, công dân khi đến nơi ở mới phải đăng ký tạm trú trong vòng 30 ngày. Việc không thực hiện đúng quy định này có thể bị xử phạt hành chính từ 500.000 đồng đến 1.000.000 đồng theo Nghị định 144/2021/NĐ-CP. Bài viết này sẽ làm rõ mức phạt và thời hạn đăng ký tạm trú để tránh vi phạm pháp luật. 11/11/2024

Việc tiếp nhận, thụ lý vụ việc vi phạm hành chính do cơ quan nhà nước khác chuyển giao cho cơ quan, đơn vị Quản lý thị trường thực hiện như thế nào?

Việc tiếp nhận, thụ lý vụ việc vi phạm hành chính do cơ quan nhà nước khác chuyển giao cho cơ quan, đơn vị Quản lý thị trường thực hiện như thế nào?

Theo quy định của pháp luật hiện hành thì thục tiếp nhận vi phạm hành chính do cơ quan nhà nước khác chuyển giao cho cơ quan Quản lý thị trường được quy định ra sao? Văn bản nào quy định? 12/11/2024

Ký giả chữ ký bị xử lý như thế nào? Cách nhận diện và phòng tránh việc giả chữ ký?

Ký giả chữ ký bị xử lý như thế nào? Cách nhận diện và phòng tránh việc giả chữ ký?

Hiện nay vấn đề giả mạo chữ ký ngày càng phổ biến và hầu hết mục đích của những đối tượng lừa đảo này đều là chiếm đoạt tài sản, tiến hành các giao dịch tại ngân hàng,… Và theo thời gian thì những kẻ lừa đảo cũng đã sáng tạo ra rất nhiều các cách giả mạo chữ ký khác nhau. 10/11/2024

Việc giải trình vi phạm hành chính về thuế được áp dụng đối với những hành vi vi phạm hành chính nào?

Việc giải trình vi phạm hành chính về thuế được áp dụng đối với những hành vi vi phạm hành chính nào?

Việc giải trình vi phạm hành chính về thuế là một thủ tục pháp lý quan trọng, yêu cầu người nộp thuế phải làm rõ các hành vi vi phạm của mình để xác định mức độ vi phạm và áp dụng hình thức xử phạt phù hợp. Cùng xem bài viết bên dưới để hiểu rõ việc giải trình vi phạm hành chính về thuế được áp dụng đối với những hành vi vi phạm hành chính nào? 06/11/2024

Quy định pháp luật về Luật Xử lý vi phạm hành chính

Quy định pháp luật về Luật Xử lý vi phạm hành chính

Luật hành chính được hiểu là ngành luật điều chỉnh các hoạt động hành chính Nhà Nước, cụ thể là điều chỉnh những quan hệ xã hội mang tính chất chấp hành và điều hành phát sinh trong lĩnh vực tổ chức và hoạt động hành chính nhà nước. Trong đó, khi vi phạm những quy định pháp luật trong lĩnh vực hành chính Nhà Nước, người vi phạm sẽ phải chịu xử lý theo quy định tại Luật Xử lý vi phạm hành chính. Vậy Luật Xử lý vi phạm hành chính là gì? Hãy cùng theo dõi bài viết sau để tìm hiểu rõ hơn về Luật này. 06/11/2024

Đặc điểm của xử lý vi phạm hành chính. Các hình thức xử lý vi phạm hành chính

Đặc điểm của xử lý vi phạm hành chính. Các hình thức xử lý vi phạm hành chính

Việc tuân thủ pháp luật là trách nhiệm của mỗi công dân. Việc phòng ngừa và ngăn chặn hành vi vi phạm hành chính góp phần xây dựng một xã hội văn minh, pháp quyền. 06/11/2024

Quy định xử phạt vi phạm hành chính

Quy định xử phạt vi phạm hành chính

Vi phạm hành chính là một hành vi vi phạm diễn ra rất phổ biến hiện nay. Theo đó, pháp luật quy định rất cụ thể về những hành vi vi phạm hành chính sẽ phải bị xử phạt như thế nào. Bài viết dưới đây sẽ giúp bạn hiểu rõ hơn về một số quy định cơ bản liên quan đến xử phạt vi phạm hành chính. 05/11/2024

Thời hạn tạm giữ tang vật vi phạm hành chính theo quy định hiện hành?

Thời hạn tạm giữ tang vật vi phạm hành chính theo quy định hiện hành?

Tạm giữ tang vật là một trong các biện pháp ngăn chặn và bảo đảm xử lý vi phạm hành chính theo quy định tại Luật Xử lý vi phạm hành chính và biện pháp này áp dụng trong trường hợp cần ngăn chặn kịp thời vi phạm hành chính hoặc để bảo đảm việc xử lý vi phạm hành chính thì người có thẩm quyền có thể áp dụng biện pháp tạm giữ tang vật theo thủ tục hành chính. Bài viết này sẽ cung cấp thông tin liên quan đến thời hạn tạm giữ tang vật vi phạm hành chính theo quy định của pháp luật hiện hành. 04/11/2024