Chương 3 Nghị định 167/2013/NĐ-CP: Thẩm quyền xử phạt vi phạm hành chính

Chapter 3.

AUTHORITY TO SANCTION ADMINISTRATIVE VIOLATION

Article 66. Authority to sanction administrative violation of people’s public security

1. People’s Police officers on duty have the right to:

a) Impose a caution;

b) Impose a fine up to VND 300,000 for the administrative violation in the field of domestic violence prevention; up to VND 400,000 for the administrative violation in the field of social security, order and safety and social evil prevention; up to VND 500,000 for the administrative violation in the field of fire prevention and fighting;

2. Station Chief, Captain, Captain of waterway police of the persons specified in Clause 1 of this Article have the right to:

a) Impose a caution;

b) Impose a fine up to VND 900,000 for administrative violation in the field of domestic violence prevention; up to VND 1,200,000 for the administrative violation in the field of social security, order and safety and social evil prevention; up to VND 1,500,000 for the administrative violation in the field of fire prevention and fighting;

3. Communal-level chief police, head of police station, head of border gate police station or export processing zone have the right to:

a) Impose a caution;

b) Impose a fine up to VND 1,500,000 for administrative violation in the field of domestic violence prevention; up to VND 2,000,000 for the administrative violation in the field of social security, order and safety and social evil prevention; up to VND 2,500,000 for the administrative violation in the field of fire prevention and fighting;

c) Confiscating the exhibits and means used for administrative violation with a value not exceeding the fine level specified at Point b of this Clause;

d) Taking the remedial measures specified at Point a, c and dd, Clause 1, Article 28 of the Law on handling of administrative violation.

4. District Police Chief, head of operation division of road and railway traffic police department, head of operation division of road and railway traffic police department, Chief of group of waterway police; Head of provincial-level police division including: Head of police division for administrative management and order, Head of order police division, Head of fast rapid police division, Head of crime investigation on social order police division, Head of crime investigation on order of economic management and position police division, Head of drug crime investigation police division, Head of road and railway traffic police division, Head of road traffic division, Head of waterway traffic division, Head of protection and mobility police division, Head of criminal judgment enforcement and justice assistance police division, Head of environmental crime prevention police division, Head of fire prevention and fighting and waterway rescue police division, Head of immigration management division, Head of internal political security, Head of economic security division, Head of finance, money and investment security division, Head of fire prevention and fighting police division of districts under the Service of fire prevention and fighting and Head of mobile police unit from company level or higher level have the right to:

a) Impose a caution;

b) Impose a fine up to VND 6,000,000 for administrative violation in the field of domestic violence prevention; up to VND 8,000,000 for the administrative violation in the field of social security, order and safety and social evil prevention; up to VND 10,000,000 for the administrative violation in the field of fire prevention and fighting;

c) Depriving the right to use the permit or certificate of practice or suspending the operation with a definite time;

d) Confiscating the exhibits and means used for administrative violation with a value not exceeding the fine level specified at Point b of this Clause;

dd) Taking remedial measures specified at Point a, c, dd and k, Clause 1, Article 28 of the Law on handling of administrative violation and Points a, b, c, d, e, Clause 3, Article 3 of this Decree;

5. Director of provincial-level police or Director of Service of fire prevention and fighting has the right to:

a) Impose a caution;

b) Impose a fine up to VND 15,000,000 for administrative violation in the field of domestic violence prevention; up to VND 20,000,000 for the administrative violation in the field of social security, order and safety and social evil prevention; up to VND 25,000,000 for the administrative violation in the field of fire prevention and fighting;

c) Depriving the right to use the permit or certificate of practice or suspending the operation with a definite time;

d) Confiscating the exhibits and means used for administrative violation with a value not exceeding the fine level specified at Point b of this Clause;

dd) Director of provincial-level police shall decide the form of expulsion as sanction;

e) Taking remedial measures specified at Point a, c, dd, i and k, Clause 1, Article 28 of the Law on handling of administrative violation and Points a, b, c, d, e, Clause 3, Article 3 of this Decree;

6. Director internal political security department, Director of general economic security department, Director of information and communication security department, Director of finance, money and investment security department, Director of rural and agricultural security department, Director of police department for administrative management on social order, Head of registration, management of residence and national data on inhabitants, Director of crime investigation on social order department, Director of crime investigation on social order police department, Director of crime investigation on order of economic management and position police department, Director of drug crime investigation police department, Director of road and railway traffic police department, Head of waterway police department, Director of fire prevention and fighting and waterway rescue police department, Director of protection police department, Director of criminal judgment enforcement monitoring and justice assistance police department, Director of environmental crime prevention police department and Director of prevention of hi-tech using criminal police department have the right to:

a) Impose a caution;

b) Impose a fine up to VND 30,000,000 for administrative violation in the field of domestic violence prevention; up to VND 40,000,000 for the administrative violation in the field of social security, order and safety and social evil prevention; up to VND 50,000,000 for the administrative violation in the field of fire prevention and fighting;

c) Depriving the right to use the permit or certificate of practice or suspending the operation with a definite time;

d) Confiscating the exhibits and means used for administrative violation;

dd) Taking remedial measures specified at Point a, c, dd, i and k, Clause 1, Article 28 of the Law on handling of administrative violation and Points a, b, c, d, e, Clause 3, Article 3 of this Decree;

7. Director of Immigration management department having the authority to impose sanction under the provisions in Clause 6 of this Article and shall decide the form of expulsion as sanction;

Article 67. Authority to sanction administrative violation of Chairman of People’s Committee of all levels

1. Chairman of communal-level People’s Committee has the right to:

a) Impose a caution;

b) Impose a fine up to VND 3,000,000 for administrative violation in the field of domestic violence prevention; up to VND 4,000,000 for the administrative violation in the field of social security, order and safety and social evil prevention; up to VND 5,000,000 for the administrative violation in the field of fire prevention and fighting;

c) Confiscating the exhibits and means used for administrative violation with a value not exceeding the fine level specified at Point b of this Clause;

d) Taking remedial measures specified at Point a, b, c and dd, Clause 1, Article 28 of the Law on handling of administrative;

2. Chairman of district-level People’s Committee has the right to:

a) Impose a caution;

b) Impose a fine up to VND 15,000,000 for administrative violation in the field of domestic violence prevention; up to VND 20,000,000 for the administrative violation in the field of social security, order and safety and social evil prevention; up to VND 25,000,000 for the administrative violation in the field of fire prevention and fighting;

c) Depriving the right to use the permit or certificate of practice or suspending the operation with a definite time;

d) Confiscating the exhibits and means used for administrative violation with a value not exceeding the fine level specified at Point b of this Clause;

dd) Taking remedial measures specified at Point a, b, c, dd, e, h, i, k, Clause 1, Article 28 of the Law on handling of administrative violation and Points a, b, c, d, e, Clause 3, Article 3 of this Decree;

3. Chairman of provincial-level People’s Committee has the right to:

a) Impose a caution;

b) Impose a fine up to VND 30,000,000 for administrative violation in the field of domestic violence prevention; up to VND 40,000,000 for the administrative violation in the field of social security, order and safety and social evil prevention; up to VND 50,000,000 for the administrative violation in the field of fire prevention and fighting;

c) Depriving the right to use the permit or certificate of practice or suspending the operation with a definite time;

d) Confiscating the exhibits and means used for administrative violation;

dd) Taking remedial measures specified in Clause 1, Article 28 of the Law on handling of administrative;

Article 68. Authority to impose administrative sanction of other agencies

The forces: border guards, coast guard, customs, ranger, diplomatic missions, consular offices and other agencies authorized to perform consular functions of the Socialist Republic of Vietnam abroad shall have the authority to sanctions under the provisions of the Law on handling of administrative violations for acts specified in Chapter II of this Decree under the function and duties within the scope and field of their management.

Article 69. Authority to impose administrative sanction of Inspector and Market Management

Inspector of Labour - Invalids and Social Affairs has the authority to sanction under the provisions of the law on handling of administrative violations for the acts specified in Section 2 of Chapter II; Inspector of Culture, Sports and Tourism has the authority to sanction under the provisions of the law on handling of administrative violations for the acts specified in Section 4 of Chapter II; the specialized inspection and market management forces have the authority to impose sanctions under the provisions of the Law on handling of administrative violations for acts specified in Article 20 of this Decree under the functions and duties within the scope and field of their management.

Article 70. Principle to determine the authority to impose sanction

1. The authority to impose sanction of administrative violation of the competent persons specified in Articles 66, 67, 68 and 69 of this Decree is the authority applied to one act of administrative violation of individuals. In case of fines, the authority to impose sanction on organizations is twice as much of that one for individuals;

2. The authority to impose sanction of administrative violation of People’s Police forces shall comply with the provisions in Article 39 of the Law on handling of administrative violation and Article 66 of this Decree under the functions and duties within the scope and field of their management.

Article 71. Authority to record the administrative violation

1. The persons having the authority to impose sanction of administrative violation are specified in Articles 66, 67, 68 and 69 of this Decree;

2. The competent persons are on duty with the assigned tasks in the field of social security, order and safety, social evil prevention, fire prevention and fighting and domestic violence prevention;