Chapter 7.
POWER TO RECORD ADMINISTRATIVE VIOLATIONS
Article 95. Power to impose administrative penalties of inspectorates
1. On-duty inspectors and persons who are assigned to conduct inspections in Information and Communications shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 1,000,000, or VND 800,000 for violations in the posts sector;
c) Confiscate the exhibits and instrumentalities for committing administrative violation worth less than the fine specified in Point b of this Clause;
d) Enforce the remedial measures mentioned in Points a, c and dd Clause 1 Article 28 of the Law on penalties for administrative violations.
2. Chief Inspectors of Provincial Departments of Information and Communications; heads of specialized inspection teams of Provincial Departments of Information and Communications; heads of specialized inspection teams of Vietnam Telecommunications Authority, Authority of Broadcasting and Electronic Information, Agency of Radio Frequency Management; Directors of Regional Radio Frequency Management Centers; heads of specialized inspection teams of Regional Radio Frequency Management Centers shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 100,000,000, or VND 40,000,000 for violations in the posts sector;
c) Suspend license or practicing certificate or suspend operations for fixed period;
d) Confiscate the exhibits and instrumentalities for committing administrative violation worth less than the fine specified in Point b of this Clause;
dd) Enforce remedial measures.
3. Heads of specialized inspection teams of Ministry of Information and Communications shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 140,000,000, or VND 56,000,000 for violations in the posts sector;
c) Suspend license or practicing certificate or suspend operations for fixed period;
d) Confiscate the exhibits and instrumentalities for committing administrative violation worth less than the fine specified in Point b of this Clause;
dd) Enforce remedial measures.
4. Chief Inspector of Ministry of Information and Communications, Directors General of Agency of Telecommunications, Authority of Broadcasting and Electronic Information, and Agency of Radio Frequency Management shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 200,000,000, or VND 80,000,000 for violations in the posts sector;
c) Suspend license or practicing certificate or suspend operations for fixed period;
d) Confiscate the exhibits and instrumentalities of administrative violations;
dd) Enforce remedial measures.
Article 96. Power to impose penalties of People’s Committees at levels for administrative violations in posts, telecommunications, information technology and radio frequency sectors
1. Chairpersons of District-level People’s Committees shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 100,000,000, or VND 40,000,000 for violations in the posts sector;
c) Suspend license or operations for a fixed period;
d) Confiscate the exhibits and instrumentalities for committing administrative violation worth less than the fine specified in Point b of this Clause;
dd) Enforce the remedial measures mentioned in Points a, b, c, D, e, h, i and k Clause 1 Article 28 of the Law on penalties for administrative violations.
2. Chairpersons of Provincial-level People’s Committees shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 200,000,000, or VND 80,000,000 for violations in the posts sector;
c) Suspend license or operations for a fixed period;
d) Confiscate the exhibits and instrumentalities of administrative violations;
dd) Enforce remedial measures.
Article 97. Power to impose administrative penalties of People’s public securities forces
1. Soldiers on duty of People’s Public Security Forces shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 1,000,000, or VND 800,000 for violations in the posts sector.
2. Leaders of persons stated in Clause 1 of this Article shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 3,000,000, or VND 2,400,000 for violations in the posts sector.
3. Communal-level police chief officers, heads of public security stations shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 5,000,000, or VND 4,000,000 for violations in the posts sector;
c) Confiscate the exhibits and instrumentalities for committing administrative violation worth less than the fine specified in Point b of this Clause;
d) Enforce the remedial measures mentioned in Points a, c and dd Clause 1 Article 28 of the Law on penalties for administrative violations.
4. Chiefs of district-level police agencies, chiefs of police offices for administrative management of social order, chiefs of order police offices, chiefs of police offices for investigation of social order-related crimes, chiefs of police offices for investigation of economic management order and position-related crimes, chiefs of police offices for investigation of drug-related crimes, chiefs of internal political security offices, chiefs of economic security offices, chiefs of cultural and thought security offices, and chiefs of information security offices shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 40,000,000, or VND 16,000,000 for violations in the posts sector;
c) Suspend license or practicing certificate or suspend operations for fixed period;
d) Confiscate the exhibits and instrumentalities for committing administrative violation worth less than the fine specified in Point b of this Clause;
dd) Enforce the remedial measures mentioned in Points a, c, dd and k Clause 1 Article 28 of the Law on penalties for administrative violations.
5. Directors of Provincial-level Public Security Departments shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 100,000,000, or VND 40,000,000 for violations in the posts sector;
c) Suspend license or practicing certificate or suspend operations for fixed period;
d) Confiscate the exhibits and instrumentalities for committing administrative violation worth less than the fine specified in Point b of this Clause;
dd) Directors of Provincial-level Public Security Departments shall make decision on imposition of expulsion penalty;
e) Enforce the remedial measures mentioned in Points a, c, dd, i and k Clause 1 Article 28 of the Law on penalties for administrative violations.
6. Director Generals of Department of hi-tech crime prevention, Department of investigation of social order-related crimes, Department of investigation of economic management order and position-related crimes, Department of administrative management of social order, Department of investigation of drug-related crimes, Department of internal political security, Department of economic security, Department of cultural and thought security and Department of information security shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 200,000,000, or VND 80,000,000 for violations in the posts sector;
c) Suspend license or practicing certificate or suspend operations for fixed period;
d) Confiscate the exhibits and instrumentalities of administrative violations;
dd) Enforce the remedial measures mentioned in Points a, c, dd, i and k Clause 1 Article 28 of the Law on penalties for administrative violations.
7. Director General of Immigration Department shall have the power to impose administrative penalties prescribed in Clause 6 of this Article and have the right to make decision on imposition of expulsion penalty.
Article 98. Power to impose administrative penalties of Border Guard Forces
1. Soldiers on duty of Border Guard Forces shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 1,000,000, or VND 800,000 for violations in the posts sector.
2. Heads of border guard stations, and leaders of soldiers mentioned in Clause 1 of this Article have the power to:
a) Issue warning;
b) Impose a fine up to VND 5,000,000, or VND 4,000,000 for violations in the posts sector.
3. Heads of border-guard stations, commanders of border-guard flotillas, commanders of border-guard sub-zones and commanders of port border guards shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 40,000,000, or VND 16,000,000 for violations in the posts sector;
c) Confiscate the exhibits and instrumentalities for committing administrative violation worth less than the fine imposed for same violation as regulated in Point b of this Clause;
d) Enforce the remedial measures mentioned in Points a, c, dd and k Clause 1 Article 28 of the Law on penalties for administrative violations.
4. Commanders of provincial-level border guard forces and commanders of border guard fleets affiliated to Border Guard High Command shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 200,000,000, or VND 80,000,000 for violations in the posts sector;
c) Suspend license or practicing certificate or suspend operations for fixed period;
d) Confiscate the exhibits and instrumentalities of administrative violations;
dd) Enforce the remedial measures mentioned in Points a, c, dd, i and k Clause 1 Article 28 of the Law on penalties for administrative violations.
Article 99. Power to impose administrative penalties of Marine Police Forces
1. Police Officers on duty of Marine Police Forces shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 3,000,000, or VND 1,600,000 for violations in the posts sector.
2. Coastguard team leaders shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 10,000,000, or VND 4,000,000 for violations in the posts sector.
3. Coastguard squad leaders and captains of coastguard stations shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 20,000,000, or VND 8,000,000 for violations in the posts sector;
c) Enforce the remedial measures mentioned in Points a, c and dd Clause 1 Article 28 of the Law on penalties for administrative violations.
4. Commanders of coastguard platoons shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 40,000,000, or VND 16,000,000 for violations in the posts sector;
c) Confiscate the exhibits and instrumentalities for committing administrative violation worth less than the fine imposed for same violation as regulated in Point b of this Clause;
d) Enforce the remedial measures mentioned in Points a, c, d, dd and k Clause 1 Article 28 of the Law on penalties for administrative violations.
5. Commanders in chief of coastguard squadrons shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 60,000,000, or VND 24,000,000 for violations in the posts sector;
c) Confiscate the exhibits and instrumentalities for committing administrative violation worth less than the fine imposed for same violation as regulated in Point b of this Clause;
d) Enforce the remedial measures mentioned in Points a, c, d, dd and k Clause 1 Article 28 of the Law on penalties for administrative violations.
6. Commanders of regional coastguard command centers shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 100,000,000, or VND 40,000,000 for violations in the posts sector;
c) Confiscate the exhibits and instrumentalities for committing administrative violation worth less than the fine imposed for same violation as regulated in Point b of this Clause;
d) Enforce the remedial measures mentioned in Points a, c, d, dd and k Clause 1 Article 28 of the Law on penalties for administrative violations.
7. Director General of Marine Police Department shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 200,000,000, or VND 80,000,000 for violations in the posts sector;
c) Suspend license or practicing certificate or suspend operations for fixed period;
d) Confiscate the exhibits and instrumentalities of administrative violations;
dd) Enforce the remedial measures mentioned in Point dd Clause 7 Article 41 of the Law on penalties for administrative violations.
Article 100. Power to impose administrative penalties of Customs Authorities, Tax Authorities and Market Surveillance Agencies
Customs authorities, tax authorities and market surveillance agencies shall have the right to impose administrative penalties in accordance with regulations in Articles 42, 44 and Clause 4 Article 45 of the Law No. 15/2012/QH13 dated June 20, 2012 on penalties for administrative violations with respect of administrative violations against regulations on posts, telecommunications, information technology and radio frequency in connection with their management sectors under regulations herein.
Article 101. Power to record administrative violations
Holders of positions prescribed in Articles 95, 96, 97, 98, 99 and 100 herein, on-duty officials and public employees in posts, telecommunications, information technology and radio frequency sectors have the right to record administrative violations as regulated.
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