Nghị định 130/2021/NĐ-CP quy định về xử phạt vi phạm hành chính trong lĩnh vực bảo trợ, trợ giúp xã hội và trẻ em

DECREE

IMPOSING PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN SOCIAL ASSISTANCE AND CHILDREN AFFAIRS

Pursuant to Law on Governmental Organization dated June 19, 2015; Law on amendments to Law on Government Organization and Law on Local Governmental Organization dated November 22, 2019;

Pursuant to Children Law dated April 5, 2016;

Pursuant to Law on the Elderly dated November 23, 2009;

Pursuant to Law on Persons with Disabilities dated June 17, 2010;

Pursuant to the Law on Imposing Penalties for Administrative Violations dated June 20, 2012; Law on amendment to the Law on Imposing Penalties for Administrative Violations dated November 13, 2020;

At request of Minister of Labor – War Invalids and Social Affairs;

The Government promulgates Decree imposing penalties for administrative violations in social protection and children affairs.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree prescribes administrative violations, forms of penalty, fine amount, and remedial measures for each administrative violation; entitlement to produce offense notice, entitlement to impose penalties, and entitlement to adopt remedial measures depending on title for all administrative violations in social protection and children affairs.

2. Administrative violations in social protection and children affairs that are not specified under this Decree shall conform to regulations on imposing penalties for administrative violations in relevant sectors under state management.

Article 2. Regulated entities

1. Subjects of penalties for administrative violations that are individuals and organizations committing administrative violations in accordance with this Decree within the territory, the contiguous zones, exclusive economic zones, and continental shelves of the Socialist Republic of Vietnam, aboard aircrafts bearing Vietnamese nationality, aboard sea vessels bearing Vietnamese flags, unless otherwise regulated by International agreement to which Vietnam is a signatory, including:

a) Individuals committing administrative violations;

b) Organizations committing administrative violations: models of social assistance establishments; child protection service providers; religious establishments; incurring service providers; socio-political-occupational organizations, social organizations, socio-occupational organizations; enterprises, cooperatives, manufacturing and business facilities; cultural, recreational, and sports establishments; medical examination and treatment establishments; education institutions; vocational education institutions, and other service providers.

2. Individuals entitled to produce offense notice.

3. Individuals entitled to impose penalties.

4. Other individuals and organizations related to the imposing of penalties for administrative violations in accordance with this Decree.

Article 3. Prescriptive period for imposing penalties for administrative violations

1. Prescriptive period for imposing penalties for administrative violations in social protection and children affairs shall conform to Clause 1 Article 6 of the Law on Imposing Penalties for Administrative Violations.

2. Determination of completed administrative violations and ongoing administrative violations serving calculation of prescriptive period shall conform to Clause 1 Article 8 of Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government elaborating on the Law on Imposing Penalties for Administrative Violations.

Article 4. Forms of penalty and remedial measures

1. For every administrative penalty in social protection and children affairs, the violating individuals or organizations must be met with either warning or monetary fine as a form of primary penalty.

2. Depending on nature and severity of the violations, violating organizations and individuals may also be met with one or multiple additional violations such as:

a) Suspend the operation of the social assistance establishments in part or in whole for 6 months to 12 months;

b) Suspend the operation of service providers, education institutions, medical establishments, cultural, recreational establishments, manufacturing and business facilities, storage of hazardous commodities or commodities with fire, explosion risks in part or in whole for 3 months to 6 months;

c) Suspend the business operation relating to the violation of individuals and organizations providing unsafe, unfriendly, harmful products or services for children or selling addictives, other stimulants, or unsafe, harmful food to children in part or in whole for 1 month to 3 months;

d) Revoke the license of manufacturing facilities and service providers operating on the internet;

dd) Confiscate exhibits and instrument of administrative violations.

3. In addition to penalties under Clause 1 and Clause 2 of this Article, violating individuals and organizations may be met with measures under Points a, dd, h, and i Clause 1 Article 28 of the Law on Imposing Penalties for Administrative Violations and the following remedial measures:

a) mandatory compensation for the lost or damaged aid;

b) mandatory refund of illegally collected money;

c) mandatory apology if required;

d) mandatory payment of medical examination and treatment costs (if any);

dd) mandatory payment of all costs for purchasing books, notebooks, and studying equipment for children;

e) mandatory dissemination of the correct information as per the law and revision of incorrect information;

g) mandatory cessation of adoption or change to a more appropriate form of adoption;

h) mandatory relocation of service providers, manufacturing facilities, storage of hazardous commodities and commodities with fire, explosion risks, child protection service providers, education institutions, medical establishments, and cultural, recreational facilities due to incorrect placement;

i) mandatory prompt adoption of measures to rectify the lack of safety;

k) recall, deletion, or removal of information on private life and secrets of children;

l) mandatory payment of Government’s support for the elderly;

m) mandatory payment of allowances for the right beneficiaries;

n) cessation of social protection at the social assistance establishments or concentrated care, nurture centers;

o) mandatory return of written confirmation of level of disability;

p) mandatory removal of news or articles on online newspapers, magazines, news report, electronic publications;

q) mandatory removal of information and services harmful to children, information and services fabricated or infringing legal rights and benefits of children;

r) mandatory deletion and removal of personal information of children;

s) mandatory dismantlement of illegally built constructions and equipment.

4. The adoption of remedial measures under Points b, g, and n Clause 3 of this Article shall be implemented as follows:

a) For measure under Point b: if the beneficiaries of the refund cannot be identified, the illegally collected money shall be submitted to state budget as per the law;

b) For measures under Points g and n: individuals entitled to impose penalties for administrative violations shall request competent authorities to issue decisions suspending social protection at the social assistance establishments or concentrated care, nurture establishments as per the law.

Article 5. Fine and maximum fine

1. The maximum fine imposed on an individual who commits administrative violations in social protection and children affairs is VND 50.000.000.

2. The fine for every administrative violation under Chapter II hereof shall be applicable to an individual offender, except for regulations under Articles 8, 9, 12, 13, 14, Clause 1 Article 16, Article 33, and Clause 2 Article 36 hereof. The fine applicable to an organization offender shall equal double the fine applicable to an individual offender.

3. The maximum fine for administrative violations specified under Articles 38 through 45 hereof is applicable to an individual offender; the maximum fine for administrative violations committed by an organization offender shall equal double the maximum fine applicable to an individual offender.

Chapter II

ADMINISTRATIVE VIOLATIONS, PENALTIES, AND REMEDIAL MEASURES

Section 1. ADMINISTRATIVE VIOLATIONS IN SOCIAL PROTECTION AFFAIRS

Article 6. Violation of regulations on application for social protection policies

1. A warning or a fine ranging from VND 100.000 to VND 250.000 shall be imposed on falsification of declaration in order to benefit from emergency social allowances, except for cases under Clause 2 and Clause 3 of this Article.

2. A fine ranging from VND 250.000 to VND 500.000 shall be imposed on falsification of declaration in order for 2 to 9 people to benefit from emergency social allowances.

3. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed on falsification of declaration in order for 10 people or more to benefit from emergency social allowances.

4. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed on:

a) Falsification of declaration in order to benefit from monthly social allowances;

b) Falsification of declaration in order to benefit from monthly care and nurture funding;

c) Falsification of declaration in order to be admitted to social assistance establishments or concentrated care, nurture facilities.

5. Remedial measures:

a) Mandatory return of revenues illegally generated by the violations under Clauses 1, 2, 3 and Points a and b Clause 4 of this Article;

b) Cessation of social protection at the social assistance establishments or concentrated care, nurture facilities for violation under Point c Clause 4 of this Article.

Article 7. Violation of regulations on responsibilities for caring, nurturing social protection beneficiaries

1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed on:

a) Keep social protection beneficiaries in hunger, thirst; prevent or restrict personal hygiene of social protection beneficiaries; force social protection beneficiaries to live in toxic, hazardous environment or otherwise mistreat social protection beneficiaries in a manner that is not liable to criminal prosecutions;

b) Fail to care, nurture social protection beneficiaries.

2. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed on:

a) Exploit the care and nurture provided for social protection beneficiaries for personal gain;

b) Force social protection beneficiaries to engage in arduous, toxic, hazardous jobs in a manner that is not liable to criminal prosecutions.

3. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed on tempting, coercing, or forcing social protection beneficiaries to violate the law in a manner that is not liable to criminal prosecutions.

4. Additional forms of penalty:

Suspend operation of social assistance establishments in part or in whole for committing violations under Clauses 1, 2, and 3 of this Article.

5. Remedial measures:

a) Mandatory return of revenues illegally generated by the violations under Point b Clause 1, Points a and b Clause 2 and Clause 3 of this Article;

b) Mandatory payment of medical examination and treatment costs (if any) for social protection beneficiaries whose health is affected as a result of violations under Points a and b Clause 1 and Point b Clause 2 of this Article.

Article 8. Violation of operation of social assistance establishments

1. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed on inadequate storage of basic documents of social protection beneficiaries.

2. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed on:

a) Failure to store documents of social protection beneficiaries as per the law;

b) Failure to submit periodic reports on operation of social assistance establishments as per the law;

c) Failure to provide adequate items for daily routines such as: blanket, curtain, mat, summer clothing, winter clothing, undergarment, handkerchief, shoes, flip-flops, toothbrush, common medicine; personal hygiene items for female social protection beneficiaries, books, learning equipment for individuals who are pursuing education, and other items as per the law.

3. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed on:

a) Failure to organize recovery, production activities; assist social protection beneficiaries in self-governing, cultural, sports activities, and other activities suitable for age and health of each group of social protection beneficiaries;

b) Failure to provide items for daily routines such as: blanket, curtain, mat, summer clothing, winter clothing, undergarment, handkerchief, shoes, flip-flops, toothbrush, common medicine; personal hygiene items for female social protection beneficiaries, books, learning equipment for individuals who are pursuing education, and other items as per the law.

4. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed on:

a) Incorrect use of funding and facilities of social assistance establishments;

b) Illegal collection of service fee from social protection beneficiaries;

c) Failure to guarantee environment, medical, hygiene, facility, personnel, or employee requirement;

d) Failure to adhere to service provision procedures and standards issued by competent authorities.

5. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed when:

a) The establishment operates without applying for establishment as per the law;

b) The establishment operates without the license as per the law.

6. Additional forms of penalty: Suspend operation of social assistance establishments in part or in whole from 6 months to 12 months for committing the violations under Points c and d Clause 4 and Clause 5 of this Article.

7. Remedial measures:

a) Mandatory return of illegally collected money to social protection beneficiaries for violations under Point b Clause 4 of this Article;

b) Mandatory return of revenues illegally generated by the violations under Point a Clause 4 of this Article;

b) Mandatory payment of medical examination and treatment costs (if any) for social protection beneficiaries whose health is affected as a result of violations under Point c Clause 2 and Point b Clause 3 of this Article.

Article 9. Violations of regulations on responsibilities of service providers that make payments

1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed when:

a) Inadequate payment of allowances for social protection beneficiaries as per the law;

b) Untimely payment of allowances for social protection beneficiaries as per the law.

2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed when:

a) Failure to pay social protection beneficiaries allowances;

b) Failure to pay the correct social protection beneficiaries allowances.

3. Remedial measures:

Mandatory payment of allowances for the right beneficiaries in case of violations under Point a Clause 1 and Points a and b Clause 2 of this Article.

Article 10. Violation of regulations on managing aid

1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed when:

a) Aid is lost or damage unless lost or damaged by force majeure such as natural disasters, fire;

b) Aid is used or distributed for the wrong purposes or to the wrong beneficiaries;

c) Aid is swapped.

2. Remedial measures:

a) Mandatory return of the damaged or lost aid for violations under Point a Clause 1 of this Article;

b) Mandatory return of revenues illegally generated by the violations under Points b and c Clause 1 of this article;

c) Mandatory payment of all medical examination and treatment costs (if any) for individuals whose health is affected by using the aid for violations under Points a and c Clause 1 of this Article.

Article 11. Violation of regulations on prohibited acts against persons with disabilities

1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed when:

a) Discriminating persons with disabilities;

b) Obstructing legal custody or right to marry of persons with disabilities;

c) Obstructing independence and social integration of persons with disabilities;

d) Obstructing participation of persons with disabilities in social activities;

dd) Obstructing access of persons with disabilities to information technology.

2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed on failure to care, nurture persons with disabilities as per the law.

3. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed on exploit of images, personal information, or conditions of persons with disabilities or organizations of persons with disabilities or organizations for persons with disabilities for personal gain or violation of the laws.

4. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed on inducing, talking, or coercing persons with disabilities to commit violations in a manner that is not liable to criminal prosecutions.

5. Remedial measures:

Mandatory return of money illegally generated by the violations under Clause 2 and Clause 3 of this Article.

Article 12. Violation of regulations on healthcare for persons with disabilities of medical examination and treatment establishments

1. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed when:

a) Failing to provide counsel on solutions for preventing and detecting disabilities early;

b) Failure to prioritize medical examination and treatment for: persons with particularly severe disabilities, the elderly with disabilities, and pregnant women with disabilities as per the law.

2. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed on failure to identify congenital disabilities of infants.

3. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed on failure to renovate or upgrade facilities serving medical examination and treatment in order to guarantee accessibility for persons with disabilities when renovating, repairing medical examination and treatment establishments.

Article 13. Violation of regulations on responsibilities of education institutions for educating persons with disabilities

1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed when:

a) Failing to guarantee learning and teaching conditions suitable with persons with disabilities as per the law;

b) Failing to provide learning aid dedicated for persons with disabilities as per the law;

c) Failing to exempt persons with disabilities from certain subjects or contents or activities which the persons with disabilities cannot satisfy;

d) Refusing enrolment of persons with disabilities at an older age than the age stipulated by the law;

dd) Issuing enrolment requirements in a way that excludes persons with disabilities, unless otherwise allowed by the law;

e) Failing to prioritize enrolment of persons with disabilities as per the law;

g) Obstructing the right to study of persons with disabilities.

2. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed when:

a) Failing to reduce or exempt tuition, training costs, and other contributions as per education laws;

b) Failing to renovate or upgrade teaching, learning facilities in order to guarantee accessibility for persons with disabilities when renovating and repairing education institutions.

Article 14. Violation of regulations on vocational education of vocational education institutions regarding persons with disabilities

1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed on failing to provide career counseling for persons with disabilities as per the law.

2. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed when:

a) Failing to maintain conditions that guarantee vocational education as per the law for persons with disabilities for at least 6 months after organizing training and education activities;

b) Lacking programs, textbooks, teaching staff, and training methods, time suitable for persons with disabilities;

c) Failing to issue preliminary degrees, certificates, or training certificates when persons with disabilities are eligible for such degrees and certificates as per the law.

Article 15. Violation of regulation on traffic for persons with disabilities and the elderly

A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed when:

1. Failing to prioritize selling tickets for persons with disabilities and the elderly;

2. Failing of persons in charge as per the law to assist and arrange suitable seats for persons with disabilities and the elderly;

3. Refusing to carry persons with disabilities or vehicles, equipment aiding persons with disabilities on public transport.

Article 16. Violation of regulation on information and communications for persons with disabilities

1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed on enterprises producing and distributing information and communication products, services, including hardware, software, and digital information that violate any of the regulations requiring application of standards and technologies assisting persons with disabilities in accessing and using information and communication products, services.

2. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed on failing to identify the correct eligibility for benefiting from preferential policies on granting loans with preferential interest rates and other assistance in researching, manufacturing, producing, and providing services, supporting equipment to enable persons with disabilities to access information technology and communication.

3. Remedial measures:

Mandatory return of revenues illegally generated by the violations under Clause 2 of this Article.

Article 17. Violation of evaluation of level of disability

1. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed on:

a) Failing to adequately fulfill responsibilities of members of the Council for evaluating level of disabilities;

b) Failing to adequately adopt measures for evaluating or re-evaluating level of disabilities.

2. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed on:

a) Failing to fulfill responsibilities of members of the Council for evaluating level of disabilities;

b) Failing to adopt measures for evaluating or re-evaluating level of disabilities.

3. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed on:

a) Exploiting the evaluation of level of disability for personal gain;

b) Refusing to re-evaluate level of disabilities without justifiable reasons;

c) Committing fraud in evaluation of level of disabilities or issuance of certificate of level of disabilities.

4. Remedial measures:

b) Mandatory return of revenues illegally generated by the violations under Point a Clause 3 of this Article;

b) Mandatory return of certificate of level of disabilities for the violations under Point c Clause 3 of this Article.

Article 18. Violation of regulations on rights and obligations for the elderly

1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed on:

a) Hindering the elderly from living with their children or grandchildren or living independently against their will;

b) Hindering the elderly from exercising the right to own property, the right to participate in cultural, education, sports, recreational, tourism, or relaxing activities, and other legal rights;

c) Failing to exempt the elderly from donations for social activities;

c) Failing to prioritize the elderly when distributing aid, healthcare, and accommodation in order to remediate initial difficulties in case of natural disasters or other force majeure events;

dd) Failing to pay the elderly the allowances of the Government.

2. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed on keeping the elderly in hunger, thirst, or poor personal hygiene conditions; keeping the elderly in toxic, hazardous environment or otherwise mistreating the elderly.

3. Remedial measures:

a) Mandatory apology in case of violations under Clause 2 of this Article;

b) Mandatory return of money illegally collected to the elderly for violations under Point c Clause 1 of this Article;

c) Mandatory return of Government allowances to the elderly for violations under Point dd Clause 1 of this Article;

d) Mandatory payment of medical examination and treatment costs (if any) on behalf of the elderly whose health is affected as a result of the violations under Clause 2 of this Article.

Article 19. Violation of regulations on obligations to care for the elderly

1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed on:

a) Failing to fulfill the obligations to care for the elderly as per the law;

b) Failing to comply with signed caregiver service agreements as per the law;

c) Exploiting care of the elderly for personal gain.

2. Remedial measures:

Mandatory return of revenues illegally generated by the violations under Point c Clause 1 of this Article.

Article 20. Violation of other regulations relating to persons with disabilities and the elderly

1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed on inciting or inducing violations of the law against persons with disabilities and the elderly.

2. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed on:

a) Forcing other people to commit violations of the law against persons with disabilities and the elderly in a manner that is not liable to criminal prosecutions;

b) Forcing the elderly to violate the law in a manner that is not liable to criminal prosecutions;

c) Taking revenge or threatening caregivers of the elderly or individuals discovering and expose violations of the law against the elderly.

Section 2. ADMINISTRATIVE VIOLATIONS IN CHILDREN AFFAIRS

Article 21. Violation of regulations on caring and nurturing children

1. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed on:

a) Either parent or caregiver of children who fails to fulfill their obligations and responsibilities in caring, nurturing children except for cases where such individuals must be isolated from the children or the children are under adoption as per the law;

b) Either parent or caregiver of children who fails to care, nurture the children, neglect their obligations and responsibilities in caring, nurturing children or abandoning children or severing emotional and financial support for children or forcing children to live away from the family, except for cases where either parent or caregiver must temporarily be isolated from the children or the children are under adoption as per the law.

2. A fine ranging from VND 20.000.000 to VND 25.000.000 shall be imposed on parent or caregiver who intentionally abandons children.

Article 22. Violation of regulations on violence against children

1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed on:

a) keeping children in hunger, thirst, or poor personal hygiene conditions; keeping children in toxic, hazardous environment or otherwise mistreating children.

b) inflicting mental damage, offending dignity, self-esteem, insulting, scolding, threatening, or isolating children thereby hindering child development;

c) isolating, ejecting, other employing punishments to teach children in a way that causes physical or mental damage to children;

d) regularly threatening children with images, sounds, animals, or objects that fright or cause mental damage to children.

2. Remedial measures:

a) Mandatory payment of medical examination and treatment costs (if any) for children in case of violations under Clause 1 of this Article;

b) Mandatory disposal of items causing harm to children’s health for violations under Point d Clause 1 of this Article.

Article 23. Violation of regulations on child exploitation, organization, facilitation, incitement, or coercion of child marriage

1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed on:

a) forcing children to do chores in a manner that consumes a lot of effort or time, affects studying, recreational activities, and impacts child development;

b) organization, incitement, or coercion of child marriage.

2. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed on:

a) organizing or coercing children into beggary;

b) leasing, lending, or exploiting children for beggary purpose.

3. A fine ranging from VND 20.000.000 to VND 25.000.000 shall be imposed on:

a) coercing, inducing, inciting, exploiting, or forcing into acting as middleman for child exploitation;

b) coercing, inducing, inciting, exploiting, or forcing children into child labor as per the law;

c) forcing children to work before working age, work for long hours, do arduous, toxic, hazardous work as per the law or work in areas with security issues thereby impacting child personality and development. In case employers employ children to do work not permitted by the law, impose penalties for administrative violations in accordance with Decree of the Government imposing penalties for administrative violations in employment, social insurance, and Vietnamese guest workers;

d) exploiting child labor. If employers exploit vocational education and training to exploit work of children, the employers shall be met with penalties for administrative violations in accordance with Decree of the Government imposing penalties for administrative violations in employment, social insurance, and Vietnamese guest workers.

4. Additional forms of penalty:

Confiscation of exhibits and instruments of administrative violations for violations under Clause 3 of this Article.

5. Remedial measures:

a) Mandatory return of revenues illegally generated by the violations under Clause 2 and Clause 3 of this Article.

b) Mandatory payment of medical examination and treatment (if any) for children for violations under Clause 1 and Clause 2 and Clause 3 of this Article.

Article 24. Violation of regulations on employing, coercing, inciting, inducing, exploiting, or forcing children to violate the law or offend dignity, self-esteem of other people

1. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed on:

a) Employing children to violate the law, offend dignity or self-esteem of other people in a manner that is not liable to criminal prosecutions;

b) Inducing children to violate the law, offend dignity or self-esteem of other people in a manner that is not liable to criminal prosecutions;

c) Inciting children to violate the law, offend dignity or self-esteem of other people in a manner that is not liable to criminal prosecutions;

d) Exploiting or persuading children to violate the law, offend dignity or self-esteem of other people in a manner that is not liable to criminal prosecutions;

dd) Forcing or coercing children to violate the law, offend dignity or self-esteem of other people in a manner that is not liable to criminal prosecutions.

2. Remedial measures:

Mandatory payment of medical examination and treatment costs (if any) for children in case of violations under Clause 1 of this Article.

Article 25. Violation of regulation on children’s right to receive healthcare

1. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed on:

a) Failing to satisfy diet suitable for physical and mental development of children by group age;

b) Failing to adequately perform initial healthcare, prevent diseases, counsel, and assist children in taking care of reproductive and sexual health.

2. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed on:

a) Failing to provide or preventing pregnant women from accessing medical services in order for congenital illnesses of children to be screened and prevented;

b) Failing to comply with decisions, measures, or regulations of competent agencies and individuals in order to preserve lives and health of children;

c) Adopting traditions or customs that are harmful for children’s health;

d) Failing to prioritize medical examination and treatment for children.

Article 26. Violation of regulation on children’s right to receive education

1. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed on:

a) Destroying books, notebooks, or learning equipment;

b) Intentionally refusing to contribute toward children’s learning activities as per the law;

c) Failing to guarantee learning time and conditions of children.

2. A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed on obstruction of children’s academic activities.

3. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed on individuals inducing, inciting, coercing, or forcing children to drop school.

4. Remedial measures:

Mandatory payment of costs for purchasing books, notebooks, and learning equipment of children for violations under Point a Clause 1 of this Article.

Article 27. Violation of regulation on children’s right to access information, participate in social activities, express ideas, preserve, utilize traditions, play, relax, and discrimination against children

1. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed on:

a) Hindering children from engaging in social activities suitable for their age, growth, demand, and capacity unless otherwise for children’s greatest interest;

b) Hindering children from expressing ideas, wishes, or engaging in children’s issues;

c) Hindering the right to preserve and utilize traditions;

d) Hindering the right to play, relax, and participate in cultural, art, sports, or tourism activities as per the law.

2. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed on:

a) Forcing or repressing children when they express ideas, wishes, or engage in children’s issues;

d) Failing to respect, listen, consider, respond to, or providing explanation for ideas and wishes of children;

c) Failing to receive, resolve, respond to ideas, propositions, or wishes of children, or organize representation of children's voice as per the law;

d) Failing to correctly publicize information on education and training plans, care plans, or donations as per the law.

3. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed on discriminating against children for personal ideas, family situations, gender, ethnic, nationality, religion, or belief.

4. Remedial measures:

a) Mandatory apology in case of violation under Clause 3 of this Article;

b) Mandatory publicizing of correct information as per the law, mandatory revision of incorrect information in case of violation under Point d Clause 2 of this Article.

Article 28. Violation of regulation on support and intervention for children in particular situations, assaulted children, or children facing risks of being exploited, abused, abandoned, or otherwise assaulted

1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed on:

a) Failing to inform, failing to provide, or withhold information on children facing risks of being exploited, abused or otherwise assaulted from competent authorities and individuals;

b) Hindering the provision of information on children facing risks of being exploited, abused, or otherwise assaulted to competent authorities and individuals.

2. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed on:

a) Failing to provide or withholding information on assaulted children to competent authorities or individuals;

b) Failing to inform assigned entities about assault on children;

c) Hindering the provision of information on assaulted children to competent authorities and individuals;

d) Failing to provide information and cooperate in examining the veracity of the assault, lack of safety, level of harm on the children upon being requested by competent authorities and individuals;

dd) Failing to secure information, notify, or expose assault on children.

3. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed on:

a) Failing to adequately and promptly assist, intervene cases where children are assaulted or facing risk of being abused, exploited, abandoned, and children in particular situations;

b) Refusing or failing to provide support, intervention, or custody for children who are assaulted or facing risks of being abused, exploited, abandoned, and children in particular situations.

Article 29. Violation of regulations on prohibited sale or enabling of the use of addictives, stimulants, unsafe or harmful food for children; violation of regulations on provision of child-friendly products, services

1. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed on:

a) Providing unsafe or unfriendly products and services that cause harm to children;

b) Selling addictives, other stimulants, or unsafe food causing harm to children;

c) Enabling children to use addictives, other stimulants, or unsafe, harmful food.

2. Additional forms of penalty:

a) Confiscation of exhibits and instruments of administrative violations for violations under Clause 1 of this Article;

b) Partial or total suspension of business activities relating to the violation for 1 to 3 months for violations under Point b Clause 1 of this Article.

3. Remedial measures:

a) Mandatory disposal of food or products unsafe, harmful for children for violations under Clause 1 of this Article;

b) Mandatory payment of medical examination and treatment costs (if any) for children in case of violations under Clause 1 of this Article.

Article 30. Violation of regulations on provision of products, services, information, or media that affects healthy development of children

1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed on provision of Internet service or other services that affect healthy development of children.

2. The following fine shall be imposed on production, publishing, duplication, circulation, operation, distribution, possession, transport, concealing, or trading of publications, toys, games, or other products that target children while negatively affect health development of children:

a) From VND 3.000.000 to VND 5.000.000 for 1 to 9 units;

b) From VND 5.000.000 to VND 10.000.000 for 10 to 49 units;

c) From VND 10.000.000 to VND 15.000.000 for 50 to 99 units;

d) From VND 15.000.000 to VND 20.000.000 for 100 to 199 units;

dd) From VND 20.000.000 to VND 30.000.000 for 200 to 499 units;

e) From VND 30.000.000 to VND 40.000.000 for 500 to 999 units;

g) From VND 40.000.000 to VND 50.000.000 for 1.000 units or more.

3. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed on:

a) Failing to specify that products, publications or toys are not suitable for children if that is the case;

b) Failing to notify the age at which children are not allowed to view, watch, or listen to broadcasts, television, art, motion picture programs or performances if such media contains contents inappropriate for children;

c) Failing to comply with requirements for adequate information on publications targeting children.

4. A fine ranging from VND 10.000.000 to VND 30.000.000 shall be imposed on failing to issue adequate warnings for contents inappropriate for children for radio, television programs, newspaper, and publications.

5. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed on inclusion of children’s images in cultural, information, media products that contain pornographic, violent, or horrific contents.

6. Additional forms of penalty:

Confiscation of publications, products, toys, games, and other products targeting children for violations under Clause 2, Point a and Point c Clause 3, and Clause 4 of this Article.

7. Remedial measures:

a) Mandatory removal of articles on online newspapers, online magazines, audio and visual newspaper, and electronic publications for violations under Point a and Point c Clause 3, and Clause 4 of this Article;

b) Mandatory retrieval of publications, toys, physical newspaper, and published products for violations under Clause 2 and Point a Clause 3 of this Article;

c) Mandatory disposal of cultural, information, media products that contain pornographic, violent, or horrific contents for violations under Clause 5 of this Article.

Article 31. Violation of regulation on disclosure of information on private lives or personal secrets of children

1. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed on disclosing or publicizing any of the following information without consent of parents, caregivers, guardians, or children at 7 years of age, such as: name, age, physical appearance, health, life conditions written in medical records, personal images, family members, caregivers, personal belongings, phone number, personal mailing address, residence address, residence, hometown, address and information on schools, classes, studying results, relationships, and services provided for children personally.

2. Remedial measures:

a) Mandatory apology in case of violation under Clause 1 of this Article;

b) Removal, recall, and deletion of information on private lives and personal secrets of children for violations under Clause 1of this Article.

Article 32. Violation of regulation of exploiting adoption to assault children; exploiting Government policies and/or support of organizations, individuals for children for personal gain

1. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed on:

a) Exploiting child adoption to cause physical, emotional, psychological, dignity, self-esteem damage to children via violence, abuse, abandonment, ignorance, and other forms.

b) Exploiting policies of the Government and support of other organizations, individuals for personal gain.

2. Remedial measures:

a) Mandatory payment of medical examination and treatment costs (if any) for children in case of violations under Point a Clause 1 of this Article;

b) Mandatory return of revenues illegally generated by the violations under Point b Clause 1 of this Article;

c) Mandatory termination of adoption and transfer to appropriate child adoption form for violations under Point a Clause 1 of this Article.

Article 33. Violation of regulations on construction of service providers, manufacturing facilities, or storage that poses toxic, flammable risks close to child protection service providers, education institutions, medical establishments, cultural facilities, or recreation locations or vice versa

1. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed on:

a) Constructing structures or installing equipment of service providers, manufacturing facilities, or storage that poses toxic, flammable risks close to child protection service providers, education institutions, medical establishments, cultural facilities, or recreation locations;

b) Constructing structures or installing equipment of child protection service providers, education institutions, medical establishments, cultural facilities, or recreation locations close to service providers, manufacturing facilities, or storage that poses toxic, flammable risks.

2. Additional forms of penalty:

Partial or total suspension of operation for 3 to 6 months for violations under Clause 1 of this Article.

3. Remedial measures:

a) Mandatory relocation of service providers, manufacturing facilities, or storage that poses toxic, flammable risks or child protection service providers, education institutions, medical establishments, cultural facilities, or recreation locations due to inadequate construction in case of violations under Point a Clause 1 of this Article;

b) Mandatory dismantlement of illegally constructed structures, illegally installed equipment in case of violations under Point b Clause 1 of this Article.

Article 34. Violation of regulations on inadequate or illegal occupation, use of facilities intended for studying, recreational activities, child protective services

1. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed on:

a) Illegally appropriating facilities intended for studying, recreational activities, or child protective services;

b) Inadequately or illegally using facilities intended for studying, recreational activities, or child protective services.

2. Remedial measures:

a) Mandatory restoration to original condition or dismantlement of structures and equipment illegally built in case of violations under Clause 1 of this Article;

b) Mandatory return of revenues illegally generated by the violations under Clause 1 of this Article.

Article 35. Violation of regulations on lack of safety assurance which leads to accident or injury for children

1. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed on:

a) Failing to notify or issue warnings for areas with danger, hazard, fire risk, explosive risk, electricity, falling objects, slip, or other risks that lead to accident or injury of children;

b) Failing to adequately and promptly comply with safety measures in manufacturing, trading, and circulating transport vehicles thereby leading to accident or injury of children.

2. Remedial measures:

a) Mandatory adoption of rectifying measures in order to rectify the lack of safety for violations under Clause 1 of this Article;

b) Mandatory payment of medical examination and treatment costs (if any) for children in case of violations under Clause 1 of this Article.

Article 36 Violation of responsibility for protecting children on internet environment

1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed on the following violation when providing services on internet environment:

a) Providing, sharing information or services harmful for children, or information, services that are fabricated, toxic, pornographic, violent, suicide incitement, distorted, threatening, violating dignity, self-esteem, infringing legal rights and benefits of children;

b) Failing to issue warnings or remove information or services harmful for children, information or services that are fabricated, toxic, pornographic, violent, suicide incitement, distorted, threatening, violating dignity, self-esteem, infringing legal rights and benefits of children;

c) Failing to adopt measures and tools to ensure safety for personal secrets of children; failing to issue warnings when children provide or change their personal information;

d) Failing to delete, remove personal information of children as requested by their parents, caregivers, guardians, or competent agencies, organizations, individuals;

dd) Failing to receive, assess, and classify information sent by agencies, organizations, individuals, and children based on child safety level;

e) Failing to publicize list of information network, online services and products classified by level of safety for children;

g) Failing to detect and remove images, documents, and information inappropriate for children or impacting children’s healthy development;

h) Failing to provide instructions on services or information technology equipment to protect children;

i) Failing to adopt measures to protect children who access information and use services.

2. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed on online video game service providers that fail to utilize tools to control time and protect children from video game addiction. If online video service providers fail to adopt solutions for limiting playing time for G1 games in case of children, they shall be met with penalties for administrative violations in accordance with Decree of the Government imposing penalties for administrative violations in postal, telecommunications, radio, information technology, and electronic transaction activities.

3. Additional forms of penalty:

Revoke the license for violations under Clause 1 and Clause 2 of this Article.

4. Remedial measures:

a) Mandatory return of revenues illegally generated by the violations under Clause 1 and Clause 2 of this Article.

b) Mandatory payment of medical examination and treatment costs (if any) for children in case of violations under Clause 2 of this Article;

c) Mandatory removal of information and services harmful for children, information or services that are fabricated, distorted, violating dignity, self-esteem, infringing legal rights and benefits of children for violations under Point a Clause 1 of this Article;

d) Mandatory removal of personal information of children for violations under Point c Clause 1 of this Article.

Chapter III

ENTITLEMENT TO PRODUCE OFFENSE NOTICE AND IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS

Article 37. Classification of entitlement to impose penalties

1. Labor - war invalids and social affair inspectors are entitled to impose penalties for violations under Chapter II hereof.

2. Health inspectors are entitled to impose penalties for violations under Articles 12, 17, 21, 25, 29, and 33 hereof.

3. Education and training inspectors are entitled to impose penalties for violations under Article 13, Point b Clause 1 Article 18 and Articles 26, 28, 33, and 34 hereof.

4. Transport inspectors are entitled to impose penalties for violations under Articles 15 and 35 hereof.

5. Culture, sports, and tourism inspectors are entitled to impose penalties for violations under Clause 3 Article 11, Point b Clause 1 Article 18, Clause 1 Article 23, and Articles 29, 30, 33, and 34 hereof.

6. Information and communication inspectors are entitled to impose penalties for violations under Point dd Clause 1 Article 11, Clause 3 Article 11, and Articles 16, 30, 31, and 36 hereof.

7. Legal affair inspectors are entitled to impose penalties for violations under Point b Clause 1 Article 11, Clause 2 Article 11, and Point b Clause 1 Article 23 hereof.

8. Home affair inspectors are entitled to impose penalties for violations under Article 27 hereof.

9. Construction inspectors are entitled to impose penalties for violations under Articles 33, 34, and 35 hereof.

10. Market surveillance authorities are entitled to impose penalties for violations under Clause 1 Article 16, Article 29, Article 30, and Article 36 hereof.

11. People’s Public Security forces are entitled to impose penalties for violations under Articles 7, 8, 9, 10, 11, 15, 18, 19, 20, 21, 22, 23, 24, Point a Clause 1, Clause 2, Clause 3 Article 26, Articles 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36 hereof.

12. Border guards are entitled to impose penalties for violations under Articles 7, 8, 11, 18, 19, 20, 21, 22, 23, 28, 29, and Clause 2 Article 30 hereof.

13. Vietnam coast guards are entitled to impose penalties for violations under Clause 2 and Clause 3 Article 15, Clause 2 Article 18, Article 20, Clause 1 Article 22, Clause 3 Article 23, Clause 1 Article 24, Article 28, Clause 2 Article 30, and Point b Clause 1 Article 35 hereof.

14. Port authorities, airport authorities, and inland waterway port authorities are entitled to impose penalties for violations under Articles 15 and 35 hereof.

15. Chairpersons of People’s Committees are entitled to impose penalties for violations under Chapter II hereof.

Article 38. Powers of inspectors

1. Inspectors and individuals assigned to conduct specialized inspection, while performing tasks under Clauses 1, 2, 3, 4, 5, 6, 7, 8, and 9 Article 37 hereof, have the power to:

a) Impose warnings;

b) Impose a fine up to VND 500.000;

c) Confiscate exhibits and instrument of administrative violation whose values do not exceed VND 1.000.000;

d) Adopt remedial measures under Points a and dd Clause 1 Article 28 of the Law on Imposing Penalties for Administrative Violations.

2. Chief inspectorates of departments under Clauses 1, 2, 3, 4, 5, 6, 7, 8, and 9 Article 37 hereof have the power to:

a) Impose warnings;

b) Impose a fine up to VND 25.000.000;

c) Revoke the license of operation temporarily or suspend the operation temporarily;

d) Confiscate exhibits and instrument of administrative violation whose values do not exceed VND 50.000.000;

dd) Adopt remedial measures specified in Clause 3 Article 4 hereof.

3. Chief Inspectorate of Ministry mentioned under Clauses 1, 2, 3, 4, 5, 6, 7, 8, and 9 Article 37 hereof and Director of Directorate of Vocational Education and Training have the power to:

a) Impose warnings;

b) Impose a fine up to VND 50.000.000;

c) Revoke the license of operation temporarily or suspend the operation temporarily;

d) Confiscate exhibits and instrument of administrative violations;

dd) Adopt remedial measures specified in Clause 3 Article 4 hereof.

4. Heads of specialized ministerial inspectorates mentioned under Clauses 1, 2, 3, 4, 5, 6, 7, 8, and 9 Article 37 hereof have the power to:

a) Impose warnings;

b) Impose a fine up to VND 35.000.000;

c) Revoke the license of operation temporarily or suspend the operation temporarily;

d) Confiscate exhibits and instrument of administrative violation whose values do not exceed VND 70.000.000;

dd) Adopt remedial measures specified in Clause 3 Article 4 hereof.

5. Heads of specialized department inspectorates have the power to impose penalties in accordance with Clause 2 of this Article.

Article 39. Entitlement of Chairpersons of People’s Committees

1. Chairpersons of People’s Committees of communes have the power to:

a) Impose warnings;

b) Impose a fine up to VND 5.000.000;

c) Confiscate exhibits and instrument of administrative violation whose values do not exceed VND 10.000.000;

d) Adopt remedial measures under Points a and dd Clause 1 Article 28 of the Law on Imposing Penalties for Administrative Violations.

2. Chairpersons of People’s Committees of districts have the power to:

a) Impose warnings;

b) Impose a fine up to VND 25.000.000;

c) Revoke the license of operation temporarily or suspend the operation temporarily;

d) Confiscate exhibits and instrument of administrative violations;

dd) Adopt remedial measures specified in Clause 3 Article 4 hereof.

3. Chairpersons of People’s Committees of provinces have the power to:

a) Impose warnings;

b) Impose a fine up to VND 50.000.000;

c) Revoke the license of operation temporarily or suspend the operation temporarily;

d) Confiscate exhibits and instrument of administrative violations;

dd) Adopt remedial measures specified in Clause 3 Article 4 hereof.

Article 40. Entitlement of Market surveillance authority

1. Market surveillance personnel, while on duty, have the power to:

a) Impose warnings;

b) Impose a fine up to VND 500.000;

2. Chiefs of Market surveillance teams, Heads of Professional Affair Departments affiliated to Departments of Market Surveillance Professional Affairs have the power to:

a) Impose warnings;

b) Impose a fine up to VND 25.000.000;

c) Confiscate exhibits and instrument of administrative violation whose values do not exceed VND 50.000.000;

d) Enforce remedial measures under Points dd, h, and i Clause 1 Article 28 of the Law on Imposing Penalties for Administrative Violations and Points d, p, q, and r Clause 3 Article 4 hereof.

3. Directors of Departments of Market Surveillance of provinces and Directors of Departments of Market Surveillance Professional Affairs affiliated to the Vietnam Directorate of Market Surveillance have the power to:

a) Impose warnings;

b) Impose a fine up to VND 50.000.000;

c) Confiscate exhibits and instrument of administrative violations;

d) Revoke the license of operation temporarily or suspend the operation temporarily;

dd) Enforce remedial measures under Points dd, h, and i Clause 1 Article 28 of the Law on Imposing Penalties for Administrative Violations and Points d, p, q, and r Clause 3 Article 4 hereof.

4. Director of Vietnam Directorate of Market Surveillance has the power to:

a) Impose warnings;

b) Impose a fine up to VND 50.000.000;

c) Confiscate exhibits and instrument of administrative violations;

d) Revoke the license of operation temporarily or suspend the operation temporarily;

dd) Enforce remedial measures under Points dd, h, and i Clause 1 Article 28 of the Law on Imposing Penalties for Administrative Violations and Points d, p, q, and r Clause 3 Article 4 hereof.

Article 41. Entitlement of the People’s Public Security

1. People’s Public Security officers while on duty have the power to:

a) Impose warnings;

b) Impose a fine up to VND 500.000.

2. Heads of Mobile Police companies, heads of stations, and commanders of individuals under Clause 1 of this Article have the power to:

a) Impose warnings;

b) Impose a fine up to VND 1.500.000.

3. Heads of police authorities of communes, heads of police stations, heads of border police posts, export-processing zone police posts, heads of border police authorities of international airports, commanding officers of mobile police battalions, commanding officers of naval forces:

a) Impose warnings;

b) Impose a fine up to VND 2.500.000;

c) Confiscate exhibits and instrument of administrative violation whose values do not exceed VND 5.000.000;

d) Adopt remedial measures under Points a and dd Clause 1 Article 28 of the Law on Imposing Penalties for Administrative Violations.

4. Chiefs of police authorities of districts; Head of Professional Department Affair affiliated to the Internal Political Security Department; Head of Professional Affair Department affiliated to the Police Department for Administrative Management of Social Order; Head of Professional Affair Department affiliated to the Traffic Police Department; Head of Professional Affair Department affiliated to The Police Department of Fire Prevention and Fighting and Rescue; Head of Professional Affair Department affiliated to the Department of Cyber ​​Security and Hi-tech Crime Prevention; Head of Professional Affair Department affiliated to the Vietnam Immigration Department; Directors of the following entities affiliated to provincial police authority: Director of Internal Political Security Department, Director of Police Department for Administrative Management of Social Order, Director of Investigation Police Department on Social Order Crimes, Director of Investigation Police Department on Corruption, Economic, and Smuggling Crimes, Director of Investigation Police Department on Drug-related Crimes, Director of Traffic Police Department, Director of the Road-Railway Traffic Police Division, Director of the Road Traffic Police Division, Director of the Waterway Traffic Police Division, Director of the Mobile Police Department, Director of Security Guard Department, Director of Criminal Judgment Execution and Judicial Assistance Division, Chief of Police Division for Prevention and Control of Environmental Crimes, Chief of Firefighting, Prevention and Rescue Police Division, Director of Cyber​security, Hi-Tech Crime Prevention and Control Division, Director of Immigration Division, Director of Economic Security Division, Director of External Security Division, Commanding Officer of Mobile Police Regiment, Captain of Squadron have the power to:

a) Impose warnings;

b) Impose a fine up to VND 10.000.000;

c) Revoke the license of operation temporarily or suspend the operation temporarily;

d) Confiscate exhibits and instrument of administrative violation whose values do not exceed VND 20.000.000;

dd) Adopt remedial measures under Points a and dd Clause 1 Article 28 of the Law on Imposing Penalties for Administrative Violations and Points a, b, c, d, đ, e, g, h, i, k, l, m, p, q, r and s Clause 3 Article 4 hereof.

5. Directors of provincial police authorities have the power to:

a) Impose warnings;

b) Impose a fine up to VND 25.000.000;

c) Revoke the license of operation temporarily or suspend the operation temporarily;

d) Confiscate exhibits and instrument of administrative violations;

dd) Adopt remedial measures under Points a, dd, and i Clause 1 Article 28 of the Law on Imposing Penalties for Administrative Violations and Points a, b, c, d, đ, e, g, h, i, k, l, m, p, q, r and s Clause 3 Article 4 hereof.

6. Director of the Internal Political Security Department; Director of the Economic Security Department; Director of the Police Department for Social Order Administration; Director of the Investigation Police Department for Social Order Crimes; Director of the Investigation Police Department for Corruption, Economic and Smuggling Crimes; Director of the Investigation Police Department for Drug Crimes; Director of the Traffic Police Department; Director of the Firefighting, Prevention and Rescue Police Department; Director of the Police Department for Prevention and Control of Environmental Crimes; Director of the Cybersecurity, Hi-tech Crimes Prevention and Control Department; Director of the Internal Security Department; Director of the Police Department for Management of Retention and Execution of Criminal Judgments at Community, and Commander of the Mobile Police have the power to:

a) Impose warnings;

b) Impose a fine up to VND 50.000.000;

c) Revoke the license of operation temporarily or suspend the operation temporarily;

d) Confiscate exhibits and instrument of administrative violations;

dd) Adopt remedial measures under Points a, dd, and i Clause 1 Article 28 of the Law on Imposing Penalties for Administrative Violations and Points a, b, c, d, đ, e, g, h, i, k, l, m, p, q, r and s Clause 3 Article 4 hereof.

Article 42. Entitlement of Border Guard

1. Border Guard soldiers while on duty have the power to:

a) Impose warnings;

b) Impose a fine up to VND 500.000;

2. Heads of posts and Commanding Officers of individuals under Clause 1 of this Article have the power to:

a) Impose warnings;

b) Impose a fine up to VND 2.500.000;

3. Chiefs of Task Force Teams for drug and crime prevention and control affiliated to the Task Force Commissions for drug and crime prevention and control have the power to:

a) Impose warnings;

b) Impose a fine up to VND 5.000.000;

c) Confiscate exhibits and instrument of administrative violation whose values do not exceed VND 10.000.000;

d) Adopt remedial measures under Point dd Clause 1 Article 28 of the Law on Imposing Penalties for Administrative Violations.

4. Commanding Officers of Border Guard Posts, Captains of Naval Border Guard Flotillas, Commanders of the Border Guard Commands at port border gates have power to:

a) Impose warnings;

b) Impose a fine up to VND 10.000.000;

c) Confiscate exhibits and instrument of administrative violation whose values do not exceed VND 20.000.000;

d) Enforce remedial measures under Point dd Clause 1 Article 28 of the Law on Imposing Penalties for Administrative Violations and Points b, c, d, and l Clause 3 Article 4 hereof.

5. Leaders of Task Force Commissions for Drug and Crime Prevention and Control affiliated to Department of Drug and Crime Prevention and Control affiliated to the Command of Border Guards have the power to:

a) Impose warnings;

b) Impose a fine up to VND 25.000.000;

c) Confiscate exhibits and instrument of administrative violation whose values do not exceed VND 50.000.000;

d) Enforce remedial measures under Points dd and i Clause 1 Article 28 of the Law on Imposing Penalties for Administrative Violations and Points b, c, d, and l Clause 3 Article 4 hereof.

6. Chief Commanders of provincial Border Guards; Captains of Naval Border Guard Squadrons, and Director of the Department of Drug and Crime Prevention and Control affiliated to the Command of Border Guards shall have the power to:

a) Impose warnings;

b) Impose a fine up to VND 50.000.000;

c) Revoke the license of operation temporarily or suspend the operation temporarily;

d) Confiscate exhibits and instrument of administrative violations;

dd) Enforce remedial measures under Points dd and i Clause 1 Article 28 of the Law on Imposing Penalties for Administrative Violations and Points b, c, d, and l Clause 3 Article 4 hereof.

Article 43. Entitlement of Vietnam Coast Guard

1. Members of the Vietnam Coast Guard while on duty have the power to:

a) Impose warnings;

b) Impose a fine up to VND 1.000.000.

2. Director of Professional Affair Department of Vietnam Coast Guard has the power to:

a) Impose warnings;

b) Impose a fine up to VND 2.500.000.

3. Leaders of Professional Affair Teams of the Vietnam Coast Guard and Chiefs of Vietnam Coast Guard posts have the power to:

a) Impose warnings;

b) Impose a fine up to VND 5.000.000;

c) Enforce adoption of remedial measures under Point dd Clause 1 Article 28 of the Law on Imposing Penalties for Administrative Violations.

4. Captain of Coast Guard Flotilla has the power to:

a) Impose warnings;

b) Impose a fine up to VND 10.000.000;

c) Confiscate exhibits and instrument of administrative violation whose values do not exceed VND 20.000.000;

d) Adopt remedial measures under Point dd Clause 1 Article 28 of the Law on Imposing Penalties for Administrative Violations and Points c, d, and i Clause 3 Article 4 hereof.

5. Captains of Naval Border Guard Squadrons; Heads of Reconnaissance Commissions; Heads of Task Force Commissions for Drug Crime Prevention and Control affiliated to the Command of Coast Guard of Vietnam have the power to:

a) Impose warnings;

b) Impose a fine up to VND 15.000.000;

c) Confiscate exhibits and instrument of administrative violation whose values do not exceed VND 30.000.000;

d) Adopt remedial measures under Point dd Clause 1 Article 28 of the Law on Imposing Penalties for Administrative Violations and Points c, d, and i Clause 3 Article 4 hereof.

6. Regional Commands of Coast Guard and Director of the Department of Operations and Legislation under the control of the Command of Coast Guard of Vietnam have the power to:

a) Impose warnings;

b) Impose a fine up to VND 25.000.000;

c) Temporarily suspend license of operation;

d) Confiscate exhibits and instrument of administrative violations;

dd) Adopt remedial measures under Point dd Clause 1 Article 28 of the Law on Imposing Penalties for Administrative Violations and Points c, d, and i Clause 3 Article 4 hereof.

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

a) Impose warnings;

b) Impose a fine up to VND 50.000.000;

c) Confiscate exhibits and instrument of administrative violations;

d) Adopt remedial measures under Point dd Clause 1 Article 28 of the Law on Imposing Penalties for Administrative Violations and Points c, d, and i Clause 3 Article 4 hereof.

Article 44. Entitlement of Maritime Administration, Airports Authority, Inland Waterway Port Authority

1. Representatives of head of Maritime Administration, representatives of head of Airports Authority, representatives of head of Inland Waterway Port Authority have the power to:

a) Impose warnings;

b) Impose a fine up to VND 10.000.000;

c) Confiscate exhibits and instrument of administrative violation whose values do not exceed VND 20.000.000.

2. Director of Maritime Administration, Director of Airports Authority, Director of Inland Waterway Port Authority have the power to:

a) Impose warnings;

b) Impose a fine up to VND 50.000.000;

c) Confiscate exhibits and instrument of administrative violations;

d) Adopt remedial measures under Point d and i Clause 3 Article 4 hereof.

Article 45. Entitlement to produce offense notice

Upon discovery of administrative violations, competent individuals under Articles 38 through 44 hereof and officials, public officials, members of the People’s Army forces, and People’s Public Security forces who are conducting inspection and examination duty regarding social protection, assistance and children affairs in accordance with legislative documents or administrative documents issued by competent authorities and individuals must promptly produce offense notice.

Chapter IV

IMPLEMENTATION

Article 46. Entry into force

1. This Decree comes into force from January 01, 2022.

2. Decree No. 144/2013/ND-CP dated October 29, 2013 of the Government imposing penalties for administrative violations in social protection, assistance, and childcare affairs expires from the effective date hereof.

Article 47. Transition clauses

1. For an administrative violation regarding social protection, assistance, or children affairs that occurs before the effective date hereof:

a) If an offense notice has been produced but a decision imposing penalties has not been issued before the effective date hereof and the prescriptive period of the violation has expired or if the violation is not regulated by this Decree, do not impose penalties for the violation;

b) If an offense notice has been produced but a decision imposing penalties has not been issued before the effective date hereof and the prescriptive period has not expired in accordance with this Decree, impose penalties for the violation.

Penalties for the administrative violation in this example shall be imposed in accordance with regulations on imposing penalties for violations in social protection, assistance, and children affairs effective at the time in which the offense notice of the violation is produced; if penalties imposed in accordance with this Decree are more favorable for the offender, this Decree shall prevail;

c) In case a decision on imposing penalties for the administrative violation has been issued but not yet implemented or fully implemented, continue to implement in accordance with that decision;

d) In case of recidivism after being met with penalties for the administrative violation and cases specified in Points a, b, and c of this Clause do not apply, adopt this Decree to impose the penalties.

2. In case a decision on imposing penalties for administrative violations in social protection, assistance, and children affairs has been issued but not yet implemented or fully implemented before the effective date hereof where individual or organization met with the penalties files a complaint, rely regulations and law on imposing penalties for administrative violations effective at the time in which the decision on imposing penalties is issued to resolve.

Article 48. Responsibilities for implementation

1. Minister of Labor - War Invalids and Social Affairs shall provide guidelines on implementation of this Decree if necessary to meet state management requirements.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities, and relevant organizations and individuals are responsible for implementation of this Decree./.