Chương III Nghị định 137/2021/NĐ-CP quy định về xử phạt vi phạm hành chính trong lĩnh vực kinh doanh đặt cược và trò chơi có thưởng: Thẩm quyền xử phạt vi phạm hành chính, áp dụng biện pháp khắc phục hậu quả và thủ tục xử phạt vi phạm hành chính

Chapter III

ENTITLEMENT TO IMPOSE ADMINISTRATIVE VIOLATIONS, ADOPT REMEDIAL MEASURES, AND PROCEDURES FOR IMPOSING ADMINISTRATIVE PENALTIES

Article 57. Entitlement of inspectors

1. Financial inspectors of all levels, while in the performance of their duty, have the right to impose warnings.

2. Chief Inspectors of Departments of Finance have the right to:

a) Impose warnings;

b) Impose a fine up to 100.000.000 VND;

c) Confiscate exhibits and instrument of administrative violation whose values do not exceed 200.000.000 VND;

d) Adopt remedial measures under Article 4 hereof.

3. Heads of inspectorates of Ministry of Finance have the right to:

a) Impose warnings;

b) Impose a fine up to 140.000.000 VND;

c) Confiscate exhibits and instrument of administrative violation whose values do not exceed 280.000.000 VND;

d) Adopt remedial measures under Article 4 hereof.

4. Chief Inspectors of Ministry of Finance have the right to:

a) Impose warnings;

b) Impose a fine up to 200.000.000 VND;

c) Confiscate exhibits and instrument of administrative violations;

d) Temporarily suspend certificate of eligibility in accordance with this Decree;

dd) Adopt remedial measures under Article 4 hereof.

Article 58. Entitlement of the People’s Public Security

1. Officers of the People’s Public Security, Chief of commune police authorities, in the performance of their duty, have the right to impose warnings.

2. Heads of district police; directors of professional affair departments of Police Department on Administrative Management of Social Order; directors of professional affair departments of Department of Cyber Security and Hi-tech Crime Prevention; heads of professional affair departments affiliated to the Vietnam Immigration Department; directors of the following entities in provincial police authorities, including: 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, tor of Cyber​security, Hi-Tech Crime Prevention and Control Division, Director of Immigration Division, Director of Economic Security Division have the right to:

a) Impose warnings;

b) Impose a fine up to 40.000.000 VND;

c) Confiscate exhibits and instrument of administrative violation whose values do not exceed 80.000.000 VND;

d) Adopt remedial measures under Clauses 4, 5, 6, and 7 Article 4 hereof.

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

a) Impose warnings;

b) Impose a fine up to 100.000.000 VND;

c) Confiscate exhibits and instrument of administrative violations;

d) Adopt remedial measures under this Article 4 hereof.

4. Director of Economic Security Department, Director of Police Department on Administrative Management of Social Order, Director of Investigating Police Department for Social Order-related Crimes, Director of Investigating Police Department for Corruption, Economic, Smuggling Crimes, Department of Cybersecurity and Hi-tech Crime Prevention and Control have the right to:

a) Impose warnings;

b) Impose a fine up to 200.000.000 VND;

c) Confiscate exhibits and instrument of administrative violations;

d) Adopt remedial measures under Article 4 hereof.

Article 59. Entitlement of Chairpersons of People’s Committees of provinces

1. Impose warnings.

2. Impose a fine up to 200.000.000 VND.

3. Confiscation of exhibits and instrument of administrative violations.

4. Temporarily suspend certificate of eligibility in accordance with this Decree.

5. Adopt remedial measures under Article 4 hereof.

Article 60. Preparation of offence notice

1. Upon discovering administrative violations in betting and prize-winning operations, competent individuals mentioned under Articles 57, 58, and 59 hereof must promptly produce administrative offence notice.

2. Administrative offence notice must be produced with appropriate contents, formats, and procedures in accordance with regulations on administrative penalties and serve as the basis for issuing decisions imposing penalties for administrative violations.

3. In addition to titles under Articles 57, 58, and 59 hereof, competent individuals entitled to impose administrative penalties and working in other agencies prescribed by regulations and law on administrative penalties are also entitled to produce administrative offence notice upon discovering administrative violations in betting and prize-winning game operations within their functions and tasks.

Article 61. Complaints and accusations

Complaints, accusations and resolution thereof with respect to decisions imposing administrative penalties in betting and prize-winning game operations shall conform to regulations and law on complaints and accusations.