Chương I Nghị định 144/2021/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree specifies administrative violations, penalties, fines, remedial measures imposed against each administrative violations, persons having the power to issue offence notices, impose penalties and specific fines.

2. Other the Government’s Decrees on administrative penalties for violations against relevant regulations shall apply to other administrative violations that are directly related to social safety, security, order; social evils, fire prevention and firefighting; rescue; domestic violence prevention and control that are not provided for in this Decree.

Article 2. Regulated entities

1. Vietnamese organizations and individuals, foreign organizations and individuals that commit administrative penalties for violations against regulations on social safety, security, order; social evils, fire prevention and firefighting; rescue; domestic violence prevention and control within the territory, inland waterways, territorial sea, contiguous zones, exclusive economic zones and continental shelves of the Socialist Republic of Vietnam; on airplanes with Vietnamese nationality and ships with Vietnamese flags.

2. Vietnamese citizens and organizations that commit the violations specified in this Decree outside the territory of the Socialist Republic of Vietnam may also incur administrative penalties specified in this Decree.

3. Authorities and persons imposing administrative penalties for violations against regulations on social safety, security, order; social evils, fire prevention and firefighting; rescue; domestic violence prevention and control, relevant organizations and individuals.

Article 3. Administrative penalties and remedial measures

1. Primary administrative penalties for violations against regulations on social safety, security, order; social evils, fire prevention and firefighting; rescue; domestic violence prevention and control include:

a) Warnings;

b) Fines.

2. Depending on the nature and extent of the violation, the organizations and individuals that commit violations against regulations on social safety, security, order; social evils, fire prevention and firefighting; rescue; domestic violence prevention and control may have to incur one or some of the following additional penalties:

a) Suspension of the license or practicing certificate;

b) Suspension of operation;

c) Confiscation of exhibits or vehicles used for commission of the administrative violations (hereinafter referred to as "exhibits and means of administrative violations");

d) Deportation.

3. In addition to the remedial measures specified in Points a, c, e and I Clause 1 Article 28 of the Law on Handling of Administrative Violations, organizations and individuals that commits the administrative violations specified in this Decree may also have to implement one or some of the following remedial measures:

a) Mandatory return of the illegally appropriated property;

b) Mandatory return of the certificates relevant to weapons, combat gears and firecrackers; certificates of security and order; certificates of security operation; certificates of seal registration; licenses to transport goods with fire hazards/explosion hazards; fire safety approvals; practicing certificates, certificates of eligibility to provide fire prevention and firefighting services; certificates of inspection of fire safety and firefighting equipment that are falsified ((hereinafter referred to as "licenses, practicing certificates, certificates of registration");

c) Mandatory return of the ID card;

d) Mandatory return of the seal, the certificate of seal registration;

dd) Mandatory destruction of documents that are illegally sealed;

e) Mandatory withdrawal, return of documents, fliers, articles, pictures serving commission of the administrative violations;

g) Mandatory withdrawal, return of classified documents and items;

h) Mandatory removal of classified documents;

i) Mandatory reservation, placement, arrangement of goods with fire hazards/explosion hazards as per regulations; reduction of quantity, volume, categories of the goods with fire hazards/explosion hazards as per regulations; or relocation of goods with fire hazards/explosion hazards to a specific warehouse or location as per regulations.

k) Mandatory ventilation;

l) Mandatory installation and maintenance of anti-static devices or systems as per regulations;

m) Mandatory installation of devices for detecting and responding to leakage of substances/goods with fire hazards/explosion hazards;

n) Mandatory installation of electric devices or systems serving fire prevention, firefighting and rescue;

o) Mandatory installation of the lightning protection system or rectification of error or repair of damage to the lightning protection system;

p) Mandatory implementation of fire separation solutions as prescribed by law;

q) Mandatory update of the fire prevention and firefighting database as per regulations;

r) Mandatory maintenance of continuous operation of incident communication devices;

s) Mandatory withdrawal of the fire safety and firefighting equipment or the inspection record;

t) Mandatory public apology;

u) Mandatory fulfillment of contribution/nurturing obligations;

v) Mandatory payment of the entire medical examination and treatment cost.

4. Procedures for return of a falsified license or certificate:

a) The competent person shall issue a decision; the violator shall return the falsified license or certificate in accordance with Clauses 1, 2, 3 and 4 Article 85 of the Law on Handling of Administrative Violations;

b) The decision issuer mentioned in Point a of this Clause shall send a written notification to the issuer of the license or certificate.

Article 4. Maximum fines, organizations incurring administrative penalties

1. The maximum fine for a domestic violence-related offence shall be 30.000.000 VND if imposed upon an individual, 60.000.000 VND if imposed upon an organization; the maximum fine for an offence against regulations on social security and order shall be 40.000.000 VND if imposed upon an individual, 80.000.000 VND if imposed upon an organization; the maximum fine for an offence against regulations on fire prevention, firefighting and rescue shall be 50.000.000 VND if imposed upon an individual, 100.000.000 VND if imposed upon an organization; the maximum fine for an offence against regulations on social evils shall be 75.000.000 VND if imposed upon an individual, 150.000.000 VND if imposed upon an organization.

2. The fines specified in Chapter II of this Decree are imposed upon administrative violations committed by individuals. The fine imposed upon an organization for the same violation shall be twice the fine imposed upon an individual.

3. The organizations mentioned in Clause 1 and Clause 2 of this Article include:

a) Business organizations established under the Law on Enterprises, including: sole proprietorships, joint stock companies, limited liability companies, partnerships and dependent units of enterprises;

b)Business organizations established under the Law on Cooperatives, including: cooperatives, cooperative unions;

c) Social organizations, socio-political organizations, social-professional organizations;

d) Public service providers;

d) State agencies that commit violations that are not their state management tasks;

e) Artels.

4. Households, household businesses that commit violations specified in this Decree shall incur the same penalties as individuals.

Article 5. Prescriptive period

1. Prescriptive period for imposition of administrative penalties for violations against regulations on social safety, security, order; social evils, fire prevention and firefighting; rescue; domestic violence prevention and control is 01 year.

2. Determination of prescriptive period:

a) If the administrative violation has ended, the prescriptive period begins when the violation ends;

b) For an ongoing administrative violation, the prescriptive period begins when it is discovered by a competent person;

c) In case an administrative penalty is imposed under a notice sent by a competent person, the prescriptive period will be the same as that prescribed in Clause 1 of this Article, Point a and Point b of this Clause by the date of issuance of the decision on penalty imposition.

Article 6. Procedures for imposition of penalties for violations that are also provided for in the Criminal Code

Upon discovery of the violations specified in Point d Clause 1, Point c Clause 2, Point b Clause 3, Points b and c Clause 4, Points a and d Clause 5 Article 7; Points b and c Clause 4 Article 9; Point a Clause 3, Points a and b Clause 4 Article 10; Point c Clause 2, Clause 5 Article 11; Point c Clause 3, Points b, dd and e Clause 5 Article 12; Point e Clause 3, Points a and b Clause 4 Article 13; Points a, b, c and dd Clause 1, Points c, d and e Clause 2 Article 15; Point a Clause 3 Article 16; Point a Clause 4, Point c Clause 6 and Point a Clause 7 Article 18; Point dd Clause 2, Clause 4 Article 19; Clause 3 Article 21; Clause 2, Clause 3, Points b, c, d, dd and e Clause 5 Article 23; Point c Clause 4 Article 26; Clause 2, Points b and d Clause 4, Points a and d Clause 5 Article 28; Clause 4 Article 32; Point c Clause 5 Article 34; Point a Clause 2 Article 50; Point a Clause 4 Article 51; Clause 1 Article 52 and Clause 1 Article 53 of this Decree, the competent person who is handling the case shall transfer the case file to a criminal proceeding authority for criminal prosecution in accordance with Clauses 1, 2 and 4 Article 62 of the Law on Handling of Administrative Violations.

In case the criminal proceeding authority issues a decision to not initiate criminal prosecution; a decision to cancel the decision on criminal charge; a decision to suspend criminal investigation; a decision to suspend the case; or a decision to cancel the decision on criminal charge and return the case file, the case file shall be transferred to the person having the power to impose administrative penalties specified in Clause 3 Article 62 and Article 63 of the Law on Handling of Administrative Violations for imposition of administrative penalties in accordance with this Decree.