Chương IV Nghị định 119/2020/NĐ-CP: Thẩm quyền lập biên bản vi phạm hành chính và xử phạt vi phạm hành chính

Chapter IV

POWER TO MAKE ADMINISTRATIVE OFFENSE REPORTS AND IMPOSE ADMINISTRATIVE PENALTIES

Article 33. The power to impose penalties for administrative violations of inspectors and persons appointed as specialized inspectors in the field of information and communications

Specialized inspectors and agencies appointed as specialized inspectors in the field of information and communications have the power to impose penalties for administrative violations in the journalistic activities and publishing activities as specified in Chapter II and Chapter III of this Decree, particularly in clauses 1, 2, 3 and 4 of this Article.

1. Inspectors and persons appointed as specialized inspectors in the field of information and communications in the performance of their duty are entitled to:

a) Issue warnings;

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

c) Confiscate the exhibits and means of administrative violations worth up to VND 1,000,000;

d) Enforce the remedial measures mentioned in point n clause 3 Article 3 of this Decree.

2. The Chief Inspector of the Department of Information and Communications, the Chief of inspectorates of information and communication at province level, the Chief of inspectorates of Press Department, Department of Radio and Television and Electronic Information, Department of Publishing, Printing and Release are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 100,000,000;

c) Suspend the license, the practicing certificate, or the operation;

d) Confiscate the exhibits and means of administrative violations worth up to VND 100,000,000;

dd) Enforce the remedial measures mentioned in clause 3 Article 3 of this Decree.

3. The Chief of specialized inspectorate teams of the Ministry of Information and Communications is entitled to:

a) Issue warnings;

b) Impose fines of up to VND 140,000,000;

c) Suspend the license, the practicing certificate, or the operation;

d) Confiscate the exhibits and means of administrative violations worth up to VND 140,000,000;

dd) Enforce the remedial measures mentioned in clause 3 Article 3 of this Decree.

4. The Chief Inspector of the Ministry of Information and Communications, the Director of Department of Press Department, Department of Radio and Television and Electronic Information, Department of Publishing, Printing and Release are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 200,000,000;

c) Suspend the license, the practicing certificate, or the operation;

d) Confiscate the exhibits and means of administrative violations;

dd) Enforce the remedial measures mentioned in clause 3 Article 3 of this Decree.

Article 34. The power to impose penalties for administrative violations of diplomatic inspectors

The Chief Inspector of the Ministry of Foreign Affairs has the power to impose penalties for administrative violations in journalistic activities for the actions specified at point a clause 2; points c, e and g clause 3 Article 5; point b, clause 1, Article 6 of this Decree and in accordance with the assigned functions, tasks and powers.  In specific:

1. Issue warnings.

2. Impose fines of up to VND 200,000,000.

3. Suspend the license, the definite-term practicing certificate, or the operation.

4. Confiscate the exhibits and means of administrative violations.

Article 35. The power to impose penalties for administrative violations of the Border guard

Those competent to impose penalties for administrative violations of the Border guard have the power to impose penalties for administrative violations in journalistic and publishing activities for the actions specified at points a and b clause 1, points a and c clause 2 Article 6; point b clause 1 and point a clause 2 Article 13; Article 15; point a clause 1, point a clause 2, point a clause 3, points a, b and c clause 4, points a, b and c clause 5 and clause 6 Article 29; points a and d, clause 2, and clause 4, Article 30 of this Decree and suitable to the assigned functions, tasks and powers.  In specific:

1. Team leaders and chiefs of border guard are entitled to impose fines of up to VND 5,000,000.

2. Captains of border guard stations, leaders of coastal guard teams, commanders of border guard at checkpoints and commanders of border guard at harbor checkpoints are entitled to:

a) Impose fines of up to VND 40,000,000;

b) Confiscate the illegal items, the value of which must not exceed the amount mentioned in Point a of this Clause;

c) Apply remedial measures specified in points c, dd, e, g, h, i, k, l, n, o, p and q clause 3 Article 3 of this Decree.

3. Captains of provincial border guard command centers, commanders of coastal guard fleets affiliated to the Border Guard Headquarters are entitled to:

a) Impose fines of up to VND 200,000,000;

b) Suspend the license, the definite-term practicing certificate, or the operation;

c) Confiscate the exhibits and means of administrative violations;

d) Apply remedial measures specified in points c, d, dd, e, g, h, i, k, l, n, o, p and q clause 3 Article 3 of this Decree.

Article 36. The power to impose penalties for administrative violations of the Coastguard

Those competent to impose penalties for administrative violations of the Coastguard have the power to impose penalties for administrative violations in journalistic and publishing activities for the actions specified at points a and b clause 1, points a and c clause 2 Article 6; point b clause 1 and point a clause 2 Article 13; Article 15; point a clause 1, point a clause 2, point a clause 3, points a, b and c clause 4, points a, b and c clause 5 and clause 6 Article 29; points a and d, clause 2, and clause 4, Article 30 of this Decree and suitable to the assigned functions, tasks and powers.  In specific:

1. Coastguard officers in the performance of their duty are entitled to impose a fine of up to VND 3,000,000.

2. Coastguard team leaders are entitled to impose a fine of up to VND 10,000,000.

3. Coastguard squad leaders and captains of coastguard stations are entitled to:

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

b) Enforce the remedial measures mentioned in point n clause 3 Article 3 of this Decree.

4. Commanders of coastguard platoons are entitled to:

a) Impose fines of up to VND 40,000,000;

b) Confiscate the illegal items, the value of which must not exceed the amount mentioned in Point a of this Clause;

c) Apply remedial measures specified in points c, dd, e, g, h, i, k, l, n, m, o, p and q clause 3 Article 3 of this Decree.

5. Commanders of coastguard fleets are entitled to:

a) Impose fines of up to VND 60,000,000;

b) Confiscate the illegal items, the value of which must not exceed the amount mentioned in Point a of this Clause;

c) Apply remedial measures specified in points c, dd, e, g, h, i, k, l, n, m, o, p and q clause 3 Article 3 of this Decree.

6. Commander of Coastguard Headquarters is entitled to:

a) Impose fines of up to VND 100,000,000;

b) Confiscate the illegal items, the value of which must not exceed the amount mentioned in Point a of this Clause;

c) Apply remedial measures specified in points c, dd, e, g, h, i, k, l, n, m, o, p and q clause 3 Article 3 of this Decree.

7. Commander of Coastguard Headquarters is entitled to:

a) Impose fines of up to VND 200,000,000;

b) Suspend the license, the definite-term practicing certificate, or the operation;

c) Confiscate the exhibits and means of administrative violations;

d) Apply remedial measures specified in points c, dd, e, g, h, i, k, l, n, m, o, p and q clause 3 Article 3 of this Decree.

Article 37. The power to impose penalties for administrative violations of the customs

Those competent to impose penalties for administrative violations of the customs have the power to impose penalties for administrative violations in journalistic and publishing activities for the actions specified in Article 15; points a, b and d clause 2, clause 4 of Article 30; point e, clause 1 and point d, clause 2, Article 31 of this Decree and in conformity with the assigned functions, tasks and powers. In specific:

1. Team leaders of Sub-department of Customs and Sub-departments of Post-Clearance Inspection are entitled to:

a) Issue warnings;

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

2. Directors of Sub-departments of Customs, Sub-departments of Post-Clearance Inspection, team leaders of Provincial Customs Departments, smuggling prevention team leaders, leaders of customs control teams at sea and leaders of intellectual property right protection teams of the Smuggling Investigation and Prevention Department of the General Department of Customs are entitled to:

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

b) Confiscate the illegal items, the value of which must not exceed the amount mentioned in Point a of this Clause;

c) Apply remedial measures specified in points c, d, dd, e, g, h, i, k, l, n, m, o, p and q clause 3 Article 3 of this Decree.

3. Director of the Smuggling Investigation Department, Director of the Post-clearance Inspection Department affiliated to the General Department of Customs, Director of Provincial Customs Departments are entitled to:

a) Impose fines of up to VND 100,000,000;

b) Suspend the license, the definite-term practicing certificate, or the operation;

c) Confiscate the exhibits of administrative violations, the value of which must not exceed the amount mentioned in Point a of this Clause;

d) Apply remedial measures specified in points c, d, dd, e, g, h, i, k, l, n, m, o, p and q clause 3 Article 3 of this Decree.

4. The Director of the General Department of Customs is entitled to:

a) Impose fines of up to VND 200,000,000;

b) Confiscate the exhibits and means of administrative violations;

c) Apply remedial measures specified in points c, d, dd, e, g, h, i, k, l, n, m, o, p and q clause 3 Article 3 of this Decree.

Article 38. The power to impose penalties for administrative violations of market surveillance authorities

Those competent to impose penalties for administrative violations of market surveillance authorities have the power to impose penalties for administrative violations in journalistic and publishing activities for the actions specified in point b, Clause. 1 and a, clause 2, Article 13; Article 28; Article 29; clause 2, point b and point c clause 3, point a clause 4 Article 30; Article 31 of this Decree and suitable for the assigned functions, tasks and powers.  In specific:

1. Leaders of market surveillance teams are entitled to:

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

b) Confiscate the illegal items, the value of which must not exceed the amount mentioned in Point a of this Clause;

c) Apply remedial measures specified in points a, b, c, d, dd, e, g, h, i, k, l, n, o, p and q clause 3 Article 3 of this Decree.

2. Director of Market Surveillance Agency of province, Director of Market Management Department is entitled to:

a) Impose fines of up to VND 100,000,000;

b) Confiscate the illegal items, the value of which must not exceed the amount mentioned in Point a of this Clause;

c) Suspend the license, the practicing certificate, or the operation;

d) Enforce the remedial measures mentioned in clause 3 Article 3 of this Decree.

3. Director of General Department of Market Surveillance Agency is entitled to:

a) Impose fines of up to VND 200,000,000;

b) Confiscate the exhibits and means of administrative violations;

c) Suspend the license, the practicing certificate, or the operation;

d) Enforce the remedial measures mentioned in clause 3 Article 3 of this Decree.

Article 39. The power to impose penalties for administrative violations of the People’s Public Security

Those competent to impose penalties for administrative violations of the people’s public security have the power to impose penalties for administrative violations in journalistic and publishing activities for the actions specified at point a, clause 1, clause 2 and clause 3 of Article 6; Article 7; point a, clause 1, Article 9; Article 11; clause 1 and point a clause 2 Article 13; Article 15; Article 16; points a, c, e and g clause 1, points b, c, d and dd clause 2, clauses  3, 4, 5 and 6 of Article 20; clause 3 of Article 21; Chapter III of this Decree, specifically according to the provisions of clauses 1, 2, 3, 4 and 5 of this Article and in conformity with the functions, tasks and powers of the People's Public Security force. In specific:

1. Team leaders and chiefs of the People's Public Security are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 3,000,000.

2. Communal-level police chiefs, heads of police stations, heads of police stations at border gates and export processing zones are entitled to:

a) Issue warnings;

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

c) Confiscate the exhibits and means of administrative violations, the value of which must not exceed the amount mentioned in Point b of this Clause;

d) Enforce the remedial measures mentioned in point n clause 3 Article 3 of this Decree.

3. District-level Police Heads, Provincial-level Public Security Heads include:  Chief of Police Department of Investigation of Crime In Corruption, Economics, Smuggling, Chief of Police Department of Investigation of Crime of Social Order, Head of Division Police in Administrative Management of Social Order, Head of Economic Security Division, Head of Internal Political Security Division, Head of Cyber ​​Security and High-Tech Crime Prevention and Control Division, Chief of Police Traffic Division, Chief of Division of Road or Railway Traffic Police and Chief of Waterway Traffic Police Division are entitled to:

a) Issue warnings;

b) Impose fines of up to VND 40,000,000;

c) Confiscate the exhibits of administrative violations, the value of which must not exceed the amount mentioned in Point a of this Clause;

d) Suspend the license, the definite-term practicing certificate, or the operation;

dd) Apply remedial measures specified in points c, dd, e, g, h, i, k, l, n, o, p and q clause 3 Article 3 of this Decree.

4. Director of Police of province is entitled to:

a) Impose fines of up to VND 100,000,000;

b) Confiscate the illegal items, the value of which must not exceed the amount mentioned in Point a of this Clause;

c) Suspend the license, the practicing certificate, or the operation;

d) Apply remedial measures specified in points c, d, dd, e, g, h, i, k, l, n, o, p and q clause 3 Article 3 of this Decree.

5. Director of Department of Cyber ​​Security and High-tech Crime Prevention and Control, Director of Police Department for Investigation of Crime of Social Order, Director of Police Department of Investigation of Crime in Economic Corruption and Smuggling, the Director of the Police Administration of Social Order, the Director of the Drug-related Crime Investigation Police, the Director of the Internal Political Security Department, the Director of the Economic Security Bureau are entitled to:

a) Impose fines of up to VND 200,000,000;

b) Confiscate the exhibits and means of administrative violations;

c) Suspend the license, the practicing certificate, or the operation;

d) Apply remedial measures specified in points c, d, dd, e, g, h, i, k, l, n, o, p and q clause 3 Article 3 of this Decree.

Article 40. The power to impose penalties of the President of People’s Committee

The Presidents of People’s Committees have the power to impose penalties for administrative violations in the journalistic activities and publishing activities as specified in Chapter II and Chapter III of this Decree, particularly in clauses 1, 2 and 3 of this Article.

1. The President of People’s Committee of commune is entitled to:

a) Issue warnings;

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

c) Confiscate the exhibits and means of administrative violations, the value of which must not exceed the amount mentioned in Point b of this Clause;

d) Enforce the remedial measures mentioned in point n clause 3 Article 3 of this Decree.

2. The President of People’s Committee of district is entitled to:

a) Issue warnings;

b) Impose fines of up to VND 100,000,000;

c) Suspend the license, the practicing certificate, or the operation;

d) Confiscate the illegal items, the value of which must not exceed the amount mentioned in Point b of this Clause;

dd) Apply remedial measures mentioned in Article 3 of this Decree, except for the remedial measures specified in points a, b, c, d, dd, e, g, h, i, k, l, n, o, p and q clause 3 Article 3 of this Decree.

3. The President of People’s Committee of province is entitled to:

a) Issue warnings;

b) Impose fines of up to VND 200,000,000;

c) Suspend the license, the practicing certificate, or the operation;

d) Confiscate the exhibits and means of administrative violations;

dd) Enforce the remedial measures mentioned in clause 3 Article 3 of this Decree.

Article 41. The power to make an administrative offense reports

1. Those holding titles specified in Articles 33, 34, 35, 36, 37, 38, 39 and 40 of this Decree and officials and public employees on official duty when detecting acts of administrative violations in journalistic and publishing activities are entitled to make administrative offense reports according to regulations.

2. Officials and soldiers of the people’s army and people’s police who are on duty according to their assigned functions, tasks and powers in journalistic activities and publishing activities are entitled to make administrative offense reports according to regulations.