Chương 3 Nghị định 159/2013/NĐ-CP: Thẩm quyền lập biên bản vi phạm hành chính và xử phạt vi phạm hành chính

Chapter 3

AUTHORITY TO GIVE NOTICES OF ADMINISTRATIVE VIOLATIONS AND IMPOSE ADMINISTRATIVE PENALTIES

Article 31. Authority to impose an administrative penalty delegated to Information and Communication Inspectors

1. Information and Communication Inspectors or Inspection Officers when on duty shall be vested with the following rights:

a) Give a warning;

b) Impose a fine up to VND 500,000;

c) Confiscate administrative violation exhibit or object valued up to VND 500,000;

d) Exercise rights defined in paragraph 3, Article 125 of the Law on Handling of Administrative Violations.

2. The Chief Inspector of the Department of Information and Communications, Leader of Information and Communications Inspectorate at the department level, Leader of the Inspectorate of the Authority of Journalism, Authority of Broadcasting and Electronic Information, and the Printing and Publication Department, shall be accorded authority to:

a) Give a warning;

b) Impose a fine up to VND 50,000,000;

c) Impose fixed-term dispossession of licenses or practicing certificates, or fixed-term operational suspension;

d) Confiscate administrative violation exhibit or object valued up to VND 50,000,000;

dd) Apply remedies for consequences resulting from violations as defined in Article 3 hereof;

e) Exercise the rights defined in paragraph 3, Article 125 of the Law on Handling of Administrative Violations.

The Chief Inspector of the Department of Information and Communications shall exercise authority to impose penalties for administrative violations in the realm of journalism or publishing in respect of organizations or individuals under the state management of the same-level People's Committee; exercise authority to impose penalties for administrative violations in respect of centrally or locally-governed press agencies, publishing houses operating within local areas within his authorized management.

3. The Leader of the Inspectorate of the Ministry of Information and Communications shall be vested with authority to:

a) Give a warning;

b) Impose a fine up to VND 70,000,000;

c) Impose fixed-term dispossession of licenses or practicing certificates, or fixed-term operational suspension;

d) Confiscate administrative violation exhibit or object valued up to VND 70,000,000;

dd) Apply remedies for consequences resulting from violations as defined in Article 3 hereof;

e) Exercise the rights defined in paragraph 3, Article 125 of the Law on Handling of Administrative Violations.

4. The Chief Inspector of the Ministry of Information and Communications, Director of the Authority of Journalism, Head of the Authority of Broadcasting and Electronic Information, and Director of the Printing and Publication Department, shall be accorded authority to:

a) Give a warning;

b) Impose a fine up to VND 100,000,000;

c) Impose fixed-term dispossession of licenses or practicing certificates, or fixed-term operational suspension;

d) Confiscate administrative violation exhibit or object;

dd) Apply remedies for consequences resulting from violations as defined in Article 3 hereof;

e) Exercise the rights defined in paragraph 3, Article 125 of the Law on Handling of Administrative Violations.

Article 32. Authority to impose a penalty delegated to inspectors specializing in other areas

Within the scope of authority delegated by the Government, inspectors, specialized inspectors, heads of inspectorates, chief inspectors and heads of authorities assigned to perform other inspection functions shall be accorded authority to impose penalties for administrative violations in the realm of journalism and publishing as provided for by this Decree.

Article 33. Authority to impose a penalty delegated to the President of the People’s Committee

1. The President of the People’s Committee at the district level shall be accorded authority to:

a) Give a warning;

b) Impose a fine up to VND 50,000,000;

c) Impose fixed-term dispossession of licenses or practicing certificates, or fixed-term operational suspension;

d) Impose seizure of administrative violation exhibit or object valued up to VND 50,000,000;

dd) Apply remedies for consequences resulting from violations as defined in Article 3 hereof;

e) Exercise the rights defined in paragraph 3, Article 125 of the Law on Handling of Administrative Violations.

2. The President of the People’s Committee at the provincial level shall be accorded authority to:

a) Give a warning;

b) Impose a fine up to VND 100,000,000;

c) Impose fixed-term dispossession of licenses or practicing certificates, or fixed-term operational suspension;

d) Impose seizure of administrative violation exhibit or object;

dd) Apply remedies for consequences resulting from violations as defined in Article 3 hereof;

e) Exercise the rights defined in paragraph 3, Article 125 of the Law on Handling of Administrative Violations.

Article 34. Authority to impose a fine delegated to the People’s Police, Border Guard, Coast Guard, Customs Authority, Taxation Authority and Market Administration

The People’s Police, Border Guard, Coast Guard, Customs Authority, Taxation Authority, and Market Administration, shall be accorded authority to impose fines delegated under Article 39, 40, 41, 42, 44 and 45 of the Law on Handling of Administrative Violations in respect of administrative violations arising in the realm of journalism and publishing in direct connexion with the scope of their management stipulated by this Decree.

Article 35. Authority to give notices of administrative violations

The persons who have authority to impose administrative violations arising in the journalism and publishing realm are those who are accorded authority to impose fines as provided for in Article 31, 32, 33 and 34 hereof, and officials or public employees who are holding public office, or perform duties in the realm of journalism and publishing.