Chapter III
POWER TO IMPOSE ADMINISTRATIVE PENALTIES
Article 25. Power to record administrative violations
The persons below are entitled to make records of administrative violations:
1. The persons entitled to impose administrative penalties mentioned herein.
2. Officials, public employees and persons of people’s army or people’s police working in the authorities mentioned in Article 26 through 33 hereof in the performance of their assigned duties to carry out inspection of the compliance with regulations on forest management, development, use and protection, and forest product management.
Article 26. Power to impose penalties of forest protection forces
1. Forest rangers on duty shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 500,000.
2. Heads of forest ranger stations shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 10,000,000;
c) Confiscate the exhibits and instrumentalities of administrative violations worth less than VND 10,000,000.
3. Heads of forest ranger offices, including: Heads of forest ranger offices of rural districts, heads of forest ranger offices of protective forests, heads of forest ranger offices of special-use forests, heads of mobile forest ranger and forest fire teams shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 25,000,000;
c) Confiscate the exhibits and instrumentalities of administrative violations worth less than VND 25,000,000;
d) Enforce the remedial measures specified in Points a, c, d, dd, e, g, h, I, k, l, m, n and o Clause 3 Article 4 of this Decree.
4. Directors of provincial-level forest protection sub-departments and head of special forest protection team affiliated to the Forest Protection Department shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 50,000,000;
c) Suspend the forest harvesting for 06-12 months or suspend operation of forest product processing establishment for 06-12 months;
d) Confiscate the exhibits and instrumentalities of administrative violations worth less than VND 50,000,000;
dd) Enforce the remedial measures specified in Clause 3 Article 4 of this Decree.
5. Director of the Forest Protection Department shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 500,000,000;
c) Suspend the forest harvesting for 06-12 months or suspend operation of forest product processing establishment for 06-12 months;
d) Confiscate the exhibits and instrumentalities of administrative violations;
dd) Enforce the remedial measures specified in Clause 3 Article 4 of this Decree.
Article 27. Power to impose penalties of Chairpersons of people’s committees at all levels
1. Chairpersons of People’s Committees of communes shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 5,000,000;
c) Confiscate the exhibits and instrumentalities of administrative violations worth less than VND 5,000,000;
d) Enforce the remedial measures mentioned in Points a, b, c and d Clause 3 Article 4 of this Decree.
2. Chairpersons of People’s Committees of districts shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 50,000,000;
c) Suspend the forest harvesting for 06-12 months or suspend operation of forest product processing establishment for 06-12 months;
d) Confiscate the exhibits and instrumentalities of administrative violations worth less than VND 50,000,000;
dd) Enforce the remedial measures specified in Clause 3 Article 4 of this Decree.
3. Chairpersons of People’s Committees of provinces shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 500,000,000;
c) Suspend the forest harvesting for 06-12 months or suspend operation of forest product processing establishment for 06-12 months;
d) Confiscate the exhibits and instrumentalities of administrative violations;
dd) Enforce the remedial measures specified in Clause 3 Article 4 of this Decree.
4. Local forest protection authorities shall provide advice for People's Committees of the same level about imposing administrative penalties within their competence as prescribed in this Article.
Article 28. Power to impose penalties of specialized inspectorates in forestry sector
1. In the performance of their duties, inspectors of agriculture and rural development sector and the persons assigned to conduct specialized inspections in forestry shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 500,000;
c) Confiscate the exhibits and instrumentalities of administrative violations worth less than VND 500,000;
d) Enforce the remedial measures mentioned in Points a, c and d Clause 3 Article 4 of this Decree.
2. Heads of inspectorates of Vietnam Administration of Forestry, chief inspectors of Provincial Departments of Agriculture and Rural Development, and heads of specialized inspection teams of Provincial Departments of Agriculture and Rural Development shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 50,000,000;
c) Suspend the forest harvesting for 06-12 months or suspend operation of forest product processing establishment for 06-12 months;
d) Confiscate the exhibits and instrumentalities of administrative violations worth less than VND 50,000,000;
dd) Enforce the remedial measures specified in Clause 3 Article 4 of this Decree.
3. Heads of specialized inspection teams established by the Ministry of Agriculture and Rural Development shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 250,000,000;
c) Suspend the forest harvesting for 06-12 months or suspend operation of forest product processing establishment for 06-12 months;
d) Confiscate the exhibits and instrumentalities of administrative violations worth less than VND 250,000,000;
dd) Enforce the remedial measures specified in Clause 3 Article 4 of this Decree.
4. The Chief Inspector of the Ministry of Agriculture and Rural Development, and Director General of Vietnam Administration of Forestry shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 500,000,000;
c) Suspend the forest harvesting for 06-12 months or suspend operation of forest product processing establishment for 06-12 months;
d) Confiscate the exhibits and instrumentalities of administrative violations;
dd) Enforce the remedial measures specified in Clause 3 Article 4 of this Decree.
Article 29. Power to impose penalties of people’s police forces
People’s police forces shall have the power to impose administrative penalties, additional penalties and enforce remedial measures as regulated in Article 39 of the Law on penalties for administrative violations.
Article 30. Power to impose penalties of border guard forces
1. Soldiers on duty of border guard forces shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 500,000.
2. Heads of border guard stations, and leaders of the soldiers mentioned in Clause 1 of this Article shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 2,500,000.
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 warnings;
b) Impose a fine up to VND 25,000,000;
c) Confiscate the exhibits and instrumentalities of administrative violations worth less than VND 25,000,000;
d) Enforce the remedial measures mentioned in Points a, c, d, e and l Clause 3 Article 4 of this Decree.
4. Commanders of provincial-level border guard forces and commanders of border guard fleets affiliated to the Border Guard High Command shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 500,000,000;
c) Suspend the forest harvesting for 06-12 months or suspend operation of forest product processing establishment for 06-12 months;
d) Confiscate the exhibits and instrumentalities of administrative violations;
dd) Enforce the remedial measures mentioned in Points a, c, d, dd, e and l Clause 3 Article 4 of this Decree.
Article 31. Power to impose penalties of coast guard forces
1. Coast guard officers on duty shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 1,500,000.
2. Coastguard team leaders shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 5,000,000.
3. Coastguard squad leaders and captains of coastguard stations shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 10,000,000;
c) Enforce the remedial measures mentioned in Points a, c and d Clause 3 Article 4 of this Decree.
4. Commanders of coastguard platoons shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 25,000,000;
c) Confiscate the exhibits and instrumentalities of administrative violations worth less than VND 25,000,000;
d) Enforce the remedial measures mentioned in Points a, c and d Clause 3 Article 4 of this Decree.
5. Commanders in chief of coastguard squadrons shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 50,000,000;
c) Confiscate the exhibits and instrumentalities of administrative violations worth less than VND 50,000,000;
d) Enforce the remedial measures mentioned in Points a, c and d Clause 3 Article 4 of this Decree.
6. Commanders of Regional Coast Guards shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 100,000,000;
c) Confiscate the exhibits and instrumentalities of administrative violations worth less than VND 100,000,000;
d) Enforce the remedial measures mentioned in Points a, c and d Clause 3 Article 4 of this Decree.
7. Commanders of Coastguard Headquarters shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 500,000,000;
c) Suspend operation of forest product processing establishments for 06 - 12 months;
d) Confiscate the exhibits and instrumentalities of administrative violations;
dd) Enforce the remedial measures mentioned in Points a, b, c and d Clause 3 Article 4 of this Decree.
Article 32. Power to impose penalties of market surveillance forces
1. Market controllers on duty shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 500,000.
2. Leaders of market surveillance teams shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 25,000,000;
c) Confiscate the exhibits and instrumentalities of administrative violations worth less than VND 25,000,000;
d) Impose the remedial measures specified in Points a, d and dd Clause 3 Article 4 of this Decree.
3. Directors of Provincial Market Surveillance Departments and Director of Market Surveillance Operations Department affiliated to Vietnam Directorate of Market Surveillance shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 50,000,000;
c) Suspend operation of forest product processing establishments for 06 - 12 months;
d) Confiscate the exhibits and instrumentalities of administrative violations worth less than VND 50,000,000;
dd) Enforce the remedial measures mentioned in Points a, c, d and dd Clause 3 Article 4 of this Decree.
4. Director General of Vietnam Directorate of Market Surveillance shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 500,000,000;
c) Suspend operation of forest product processing establishments for 06 - 12 months;
d) Confiscate the exhibits and instrumentalities of administrative violations;
dd) Enforce the remedial measures mentioned in Points a, c, d and dd Clause 3 Article 4 of this Decree.
Article 33. Power to impose penalties of customs agencies
1. Customs officials on duty shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 500,000.
2. Team leaders of Customs Branches and team leaders of Post-clearance Audit Branches shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 5,000,000.
3. Directors of Customs Branches, Directors of Post-clearance Audit Branches, leaders of customs control teams affiliated to Customs Departments of provinces, leaders of anti-smuggling control teams, commanders of marine control squads and leaders of intellectual property protection and control teams affiliated to Anti-smuggling and Investigation Department of General Department of Customs shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 25,000,000;
c) Confiscate the exhibits and instrumentalities of administrative violations worth less than VND 25,000,000;
d) Enforce the remedial measures mentioned in Points d and dd Clause 3 Article 4 of this Decree.
4. Directors of Anti-smuggling and Investigation Department and Post-clearance Audit Department affiliated to General Department of Customs, and Directors of Customs Departments of provinces shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 50,000,000;
c) Suspend operation of forest product processing establishments for 06 - 12 months;
d) Confiscate the exhibits and instrumentalities of administrative violations worth less than VND 50,000,000;
dd) Enforce the remedial measures mentioned in Points d and dd Clause 3 Article 4 of this Decree.
5. Director General of General Department of Customs shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 500,000,000;
c) Confiscate the exhibits and instrumentalities for committing administrative violations;
d) Enforce the remedial measures mentioned in Points d and dd Clause 3 Article 4 of this Decree.
Article 34. Delegation of power to impose penalties
1. Competent officials of forest protection authorities, People’s Committees at all levels, specialized inspectorates and People’s police forces shall have the power to impose administrative penalties, impose additional penalties and enforce remedial measures against the administrative violations herein within their competence prescribed in Article 26 through 29 hereof and within the ambit of their assigned functions, duties and powers.
2. Competent officials of border guard forces shall have the power to impose administrative penalties, impose additional penalties and enforce remedial measures against the administrative violations specified in Article 13, Article 17, and Article 20 through 24 hereof within their competence prescribed in Article 30 hereof and within the ambit of their assigned functions, duties and powers.
3. Competent officials of coast guard forces shall have the power to impose administrative penalties, impose additional penalties and enforce remedial measures against the administrative violations specified in Article 22, Article 23 and Article 24 hereof within their competence prescribed in Article 31 hereof and within the ambit of their assigned functions, duties and powers.
4. Competent officials of market surveillance forces shall have the power to impose administrative penalties, impose additional penalties and enforce remedial measures against the administrative violations specified in Article 23 and Article 24 hereof within their competence prescribed in Article 32 hereof and within the ambit of their assigned functions, duties and powers.
5. Competent officials of customs authorities shall have the power to impose administrative penalties, impose additional penalties and enforce remedial measures against the administrative violations specified in Article 22 and Article 23 hereof within their competence prescribed in Article 33 hereof and within the ambit of their assigned functions, duties and powers.
Article 35. Determination of power to impose penalties
1. Determination and delegation of the power to impose administrative penalties and enforce remedial measures shall comply with Article 52 of the Law on penalties for administrative violations.
2. Determination of the exhibits of violations (including forest products of endangered, rare and precious species) for using as the basis for determining fines and power to impose penalties shall be carried out in accordance with Article 60 of the Law on penalties for administrative violations and relevant laws.
Tìm kiếm
Nghị định 35/2019/NĐ-CP (Bản Word)
Nghị định 35/2019/NĐ-CP (Bản Pdf)