Chương 3 Nghị định 131/2013/NĐ-CP : Thẩm quyền xử phạt vi phạm hành chính

Chapter 3.

COMPETENCE TO SANCTION ADMINISTRATIVE VIOLATIONS

Article 36. Competence to make minutes of administrative violations

Titles specified in Articles 37, 38, 39 and 40 of this Decree and civil servants, public employees on their duty of inspection and examination, upon detecting administrative violations of copyright and related rights shall be entitled to make minutes of administrative violations in accordance with regulations.

Article 37. Competence to sanction administrative violations of chairpersons of People’s Committees of all levels

1. Chairpersons of the communal People’s Committees have right:

a) To impose fine up to VND 5,000,000;

b) Confiscate material evidence used for committing acts of administrative violation with value not exceeding the fine level specified in point a of this Clause;

c) To apply remedial measures specified in point dd Clause 1 Article 28 of the Law on handling of administrative violations.

2. Chairpersons of the district-level People’s Committees have right:

a) To impose fine up to VND 50,000,000;

b) Deprive the right to use the practice certificate with a defined term;

c) Confiscate material evidence used for committing acts of administrative violation with value not exceeding the fine level specified in point a of this Clause;

d) To apply remedial measures specified in point dd and point e Clause 1 Article 28 of the Law on handling of administrative violations and Clauses 1, 2, 3 and 4 Article 3 of this Decree.

3. Chairpersons of the provincial People’s Committees have right:

a) To impose fine up to VND 250,000,000;

b) Confiscate the right to use the practice certificate with a defined term;

c) To confiscate material evidence used for committing acts of administrative violation;

d) To apply remedial measures specified in Article 3 of this Decree.

Article 38. Competence to sanction administrative violations of Culture, Sports and Tourism inspectorate agencies and other specialized inspectorate agencies

1. Inspectors of Culture, Sports and Tourism on their duty have rights:

a) To impose fine up to VND 500,000;

b) Confiscate material evidence used for committing acts of administrative violation with value not exceeding the fine level specified in point a of this Clause;

c) To apply remedial measures specified in point dd Clause 1 Article 28 of the Law on handling of administrative violations.

2. The Chief Inspectors of the provincial Departments of Culture, Sports and Tourism, chiefs of specialized inspectorate teams at Department level have rights:

a) To impose fine up to VND 50,000,000;

b) Confiscate the right to use the practice certificate with a defined term;

c) Confiscate material evidence used for committing acts of administrative violation with value not exceeding the fine level specified in point a of this Clause;

d) To apply remedial measures specified in Article 3 of this Decree.

3. The Chiefs of specialized inspectorate teams at Ministerial level have rights:

a) To impose fine up to VND 175,000,000;

b) Confiscate the right to use the practice certificate with a defined term;

c) Confiscate material evidence used for committing acts of administrative violation with value not exceeding the fine level specified in point a of this Clause;

d) To apply remedial measures specified in Article 3 of this Decree.

4. The Chief Inspector of the Ministry of Culture, Sports and Tourism has rights:

a) To impose fine up to VND 250,000,000;

b) Confiscate the right to use the practice certificate with a defined term;

c) To confiscate material evidence used for committing acts of administrative violation;

d) To apply remedial measures specified in Article 3 of this Decree.

5. Competence to sanction administrative violations of other specialized inspectorate agencies

Inspectors and chief inspectors of specialized inspectorate agencies and persons, agencies assigned task of other specialized inspection have competence to sanction against administrative violations of copyright and related rights under their state management sectors specified in Chapter II of this Decree.

Article 39. Competence to sanction administrative violations of People’s Public Security

1. People's policemen on their duty have right to impose a fine up to VND 500,000.

2. Heads of police posts and heads of people's policemen as prescribed in Clause 1 of this Article have right to impose a fine up to VND 1,500,000.

3. Commune-level police heads, heads of police stations, and heads of border-gate or export-processing zone police posts have rights:

a) To impose fine up to VND 2,500,000;

b) Confiscate material evidence used for committing acts of administrative violation with value not exceeding the fine level specified in point a of this Clause;

c) To apply remedial measures specified in point dd Clause 1 Article 28 of the Law on handling of administrative violations.

3. District-level police heads, Directors of provincial police sections including Directors of police sections for administrative management of social order, heads of police sections for investigation of social order-related crimes, directors of police sections for investigation of economic management order and position-related crimes, directors of Internal Political Security sections, directors of economic security sections, directors of cultural and thought security sections, directors of information security sections, directors of immigration management sections have rights:

a) To impose fine up to VND 25,000,000;

b) Confiscate the right to use the practice certificate with a defined term;

c) Confiscate material evidence used for committing acts of administrative violation with value not exceeding the fine level specified in point a of this Clause;

d) To apply remedial measures specified in point dd and point e Clause 1 Article 28 of the Law on handling of administrative violations and Clauses 1, 2, 3 and 4 Article 3 of this Decree.

4. Directors of provincial-level Police Departments have rights:

a) To impose fine up to VND 50,000,000;

b) Confiscate the right to use the practice certificate with a defined term;

c) Confiscate material evidence used for committing acts of administrative violation with value not exceeding the fine level specified in point a of this Clause;

d) To apply remedial measures specified in point dd and point e Clause 1 Article 28 of the Law on handling of administrative violations and Clauses 1, 2, 3 and 4 Article 3 of this Decree.

5. The director of Department of Internal Political Security, director of Department of Economic Security, Director of Department of cultural and thought security, director of Department of information security, director of the Police Department for Administrative Management of Social Order, the director of the Police Department for Investigation of Social Order-Related Crimes, the director of the Police Department for Investigation of Economic Management Order and Position-Related Crimes, the director of the Police Department for preventing and combating crimes using high technologies, the director of the Immigration Management Department have rights:

a) To impose fine up to VND 250,000,000;

b) Confiscate the right to use the practice certificate with a defined term;

c) To confiscate material evidence used for committing acts of administrative violation;

d) To apply remedial measures specified in point dd and point e Clause 1 Article 28 of the Law on handling of administrative violations and Clauses 1, 2, 3 and 4 Article 3 of this Decree.

Article 40. Competence to sanction administrative violations of Border guards, Maritime Polices, Customs agencies and market management agencies

1. Persons competent to sanction of border guards have competence to sanction administrative violations and apply remedial measures for administrative violations specified in this Decree in accordance with Article 40 of the Law on handling of administrative violations.

2. Persons competent to sanction of maritime polices have competence to sanction administrative violations and apply remedial measures for administrative violations specified in this Decree in accordance with Article 41 of the Law on handling of administrative violations.

3. Persons competent to sanction of customs agencies have competence to sanction administrative violations and apply remedial measures for administrative violations specified in this Decree in accordance with Article 42 of the Law on handling of administrative violations.

4. Persons competent to sanction of market management agencies have competence to sanction administrative violations and apply remedial measures for administrative violations specified in this Decree in accordance with Article 45 of the Law on handling of administrative violations.