Chương III Nghị định 130/2021/NĐ-CP: Thẩm quyền lập biên bản và xử phạt vi phạm hành chính

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.