Chương 1 Nghị định 167/2013/NĐ-CP: Những quy định chung

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of adjustment

1. This Decree provides for acts of administrative violation, form, level of sanction and remedial measures for each act of administrative violation, authority to record and impose sanction, fine level for each title for the acts of administrative violation in social security, order and safety, prevention and fighting of social evils, fire and domestic violence;

2. The acts of administrative violation in other fields directly related to the social security, order and safety, prevention and fighting of social evils, fire and domestic violence not regulated in this Decree shall apply the provisions in other Decrees of the Government on sanction of administrative violation in the relevant fields of state management for sanction.

Article 2. Subjects of application

1. Vietnamese or foreign organizations and individuals having acts of administrative violation in the fields of social security, order and safety, prevention and fighting of social evils, fire and domestic violence in the territory, internal waters, territorial sea, contiguous zone, exclusive economic zone and continental shelf of the Socialist Republic of Vietnam; on aircraft and vessels flying Vietnamese flag shall be sanctioned under the provisions of this Decree and other regulations of relevant laws on sanction of administrative violation;

2. The agency or persons having the authority to sanction administrative violation in social security, order and safety, prevention and fighting of social evils, fire and domestic violence and related individuals and organizations.

3. In cases where a treaty to which the Socialist Republic of Vietnam has signed contains different provisions, these provisions of such treaty shall apply.

Article 3. Form of sanction of administrative violation and remedial measures

1. For each act of administrative violation in the social security, order and safety, prevention and fighting of social evils, fire and domestic violence, the organizations and individuals shall be subject to one of the main forms of sanction as follows:

a) A caution;

b) A fine.

2. Based on the nature and seriousness of violation, the organizations and individuals committing the administrative violation in the social security, order and safety, prevention and fighting of social evils, fire and domestic violence shall also be subject to one of the additional sanction as follows:

a) Depriving the right to use the permit or certificate of practice or suspending the operation definitely.

b) Confiscating the exhibit and means used for administrative violation and (hereafter referred to as exhibit or means of administrative violation)

3. In addition to the remedial measures specified in Clause 1, Article 28 of the Law on handling of administrative violation, the organizations and individuals committing acts of administrative violation in the social security, order and safety, prevention and fighting of social evils, fire and domestic violence shall also be subject to one of the remedial measures as follows:

a) Coercively reducing the quantity and amount of substance or goods at risk of fire and explosion to the prescribed rate;

b) Coercively removing the substance at risk of fire and explosion to the prescribed storage or location as prescribed;

c) Coercively re-arranging the substance or goods at risk of fire and explosion as prescribed;

d) Coercively recovering and annulling documents, materials and information relating to the administrative violation;

dd) Coercively making public apology upon the victim’s request;

e) Other remedial measures specified in Chapter II of this Decree;

4. The application of form of sanction as expulsion for foreigners may be the main form of sanction or additional sanction;

Article 4. Regulation on fine level

1. The maximum fine level in the prevention and fighting of domestic violence is VND 30,000,000 imposed on individuals and VND 60,000,000 on organizations; the maximum fine level in the field of social security, order and safety and social evil prevention is VND 40,000,000 imposed on individuals and VND 80,000,000 on organizations; the maximum fine level in fire prevention and fighting is VND 50,000,000 imposed on individuals and VND 100,000,000 on organizations;

2. The fine level specified in Chapter II of this Decree is the one applied for administrative violation of individuals. For organizations having the same act of violation, the fine level is twice as much as that for individuals;