Chương III Nghị định 38/2024/NĐ-CP: Thẩm quyền lập biên bản vi phạm hành chính và thẩm quyền xử phạt vi phạm hành chính

Chapter III

POWER TO RECORD ADMINISTRATIVE VIOLATIONS AND IMPOSE PENALTIES

Article 45. Power to make records of administrative violations

The persons below are entitled to make records of administrative violations:
1. The persons having the power to impose administrative penalties mentioned in Articles 46 through 54 of this Decree.

2. Officials and public employees of people’s army or people’s police working at regulatory authorities mentioned in Article 47, Article 48 and Article 49 hereof; officials and public employees of authorities performing fisheries state management tasks.

Article 46. Power of Chairpersons of people’s committees

1. Chairpersons of commune-level People’s Committees shall have the power to:

a) Impose a fine up to VND 5.000.000;

b) Confiscate the exhibits and instrumentalities which have been used for committing administrative violation but are worth less than an amount which is twice as much as the fine specified in Point a of this Clause;

c) Enforce the remedial measures specified in Points a, b, c and dd Clause 1 Article 28 of the Law on penalties for administrative violations and in Clause 3 Article 4 of this Decree.

2. Chairpersons of District-level People’s Committees shall have the power to:

a) Impose a fine up to VND 100.000.000;

b) Suspend practicing certificates/licenses or suspend operations for a fixed period;

c) Confiscate the exhibits and instrumentalities for committing administrative violations;

d) Enforce the remedial measures mentioned in Points a, b, dd, e and g Clause 1 Article 28 of the Law on penalties for administrative violations and in Clause 3 Article 4 of this Decree.

3. Chairpersons of Provincial People’s Committees shall have the power to:

a) Impose a fine up to VND 1.000.000.000;

b) Suspend practicing certificates/licenses or suspend operations for a fixed period;

c) Confiscate the exhibits and instrumentalities for committing administrative violations;

d) Enforce the remedial measures mentioned in Clause 1 Article 28 of the Law on penalties for administrative violations and those mentioned in Clause 3 Article 4 herein.

Article 47. Power of people’s police forces

1. On-duty soldiers of people’s police forces shall have the power to:

Impose a fine up to VND 500.000.

2. Heads of company-level Mobile Police Units, heads of police stations, and team leaders in charge of managing the soldiers mentioned in Clause 1 of this Article shall have the power to:

Impose a fine up to VND 1.500.000.

3. Commune-level Police Chiefs, Heads of Police Posts, Heads of Police Stations at border gates, export processing zones, Heads of International Airport Police Offices, Majors of Mobile Police Battalions, and Captains of Squadrons shall have the power to:

a) Impose a fine up to VND 2.500.000;

b) Confiscate the exhibits and instrumentalities which have been used for committing administrative violation but are worth less than an amount which is twice as much as the fine specified in Point a of this Clause;

c) Enforce the remedial measures specified in Points a, c and dd Clause 1 Article 28 of the Law on penalties for administrative violations and in Clause 3 Article 4 of this Decree.

4. Heads of district-level police agencies, heads of professional divisions of the following authorities, including the Internal Political Security Department, the Police Department for Administration of Social Order, the Traffic Police Department, the Department of Fire Prevention, Fighting and Rescue, the Department of Cybersecurity, Hi-Tech Crime Prevention and Control, and the Immigration Department, and heads of provincial-level police departments, including: Internal Political Security Divisions; Police Divisions for Social Order Administration; Police Departments for Social Order Crimes; Investigation Police Divisions for Corruption, Economic and Smuggling Crimes; Investigation Police Divisions for Drug Crimes; Traffic Police Divisions; Road and Railway Traffic Police Divisions; Road Traffic Police Divisions; Waterway Police Divisions; Mobile Police Divisions; Criminal Judgment Execution and Judicial Assistance Divisions; Police Divisions for Prevention and Control of Environmental Crimes; Firefighting, Prevention and Rescue Police Divisions; Cyber​security, Hi-Tech Crime Prevention and Control Divisions; Immigration Divisions; Economic Security Divisions; and External Security Divisions; Colonels of Mobile Police Regiments; and Captains of Squadrons, shall have the power to:

a) Impose a fine up to VND 25.000.000;

b) Suspend practicing certificates/licenses or suspend operations for a fixed period;

c) Confiscate the exhibits and instrumentalities for committing administrative violations;

d) Enforce the remedial measures mentioned in Points a, c and dd Clause 1 Article 28 of the Law on penalties for administrative violations and in Clause 3 Article 4 hereof.

5. Directors of Provincial-level Police Departments shall have the power to:

a) Impose a fine up to VND 100.000.000;

b) Suspend practicing certificates/licenses or suspend operations for a fixed period;

c) Confiscate the exhibits and instrumentalities for committing administrative violations;

d) Enforce the remedial measures mentioned in Points a, c and dd Clause 1 Article 28 of the Law on penalties for administrative violations and in Clause 3 Article 4 hereof.

6. Directors of Internal Political Security Department, Economic Security Department, Police Department for Administrative Management of Social Order, Investigation Police Department for Social Order Crimes, Police Department for Investigation into Corruption, Economic and Smuggling Crimes, Investigation Police Department for Investigation into Drug Crimes, Traffic Police Department, Firefighting, Prevention and Rescue Police Department, the Police Department for Prevention and Control of Environmental Crimes, the Cybersecurity, Hi-tech Crimes Prevention and Control Department, the Internal Security Department, the Police Department for Management of Retention and Execution of Criminal Judgements at Community, and Commander of the Mobile Police shall have the power to:

a) Impose a fine up to VND 1.000.000.000;

b) Suspend practicing certificates/licenses or suspend operations for a fixed period;

c) Confiscate the exhibits and instrumentalities for committing administrative violations;

d) Enforce the remedial measures mentioned in Points a, c and dd Clause 1 Article 28 of the Law on penalties for administrative violations and in Clause 3 Article 4 hereof.

Article 48. Power of border guard forces

1. On-duty soldiers of border guard forces shall have the power to:

Impose a fine up to VND 500.000.

2. Heads of border guard stations and team leaders in charge of managing the soldiers mentioned in Clause 1 of this Article shall have the power to:

Impose a fine up to VND 2.500.000.

3. Leaders of Task Force Teams for drug and crime prevention and control which are put under the control of Task Force Commissions for drug and crime prevention and control shall have the power to:

a) Impose a fine up to VND 10.000.000;

b) Confiscate the exhibits and instrumentalities which have been used for committing administrative violation but are worth less than an amount which is twice as much as the fine specified in Point a of this Clause;

c) Enforce the remedial measures specified in Points a and dd Clause 1 Article 28 of the Law on penalties for administrative violations and in Clause 3 Article 4 of this Decree.

4. Heads of border-guard posts, commanders of border-guard flotillas and commanders of port border guards shall have the power to:

a) Impose a fine up to VND 25.000.000;

b) Confiscate the exhibits and instrumentalities which have been used for committing administrative violation but are worth less than an amount which is twice as much as the fine specified in Point a of this Clause;

c) Enforce the remedial measures specified in Points a, d and dd Clause 1 Article 28 of the Law on penalties for administrative violations and in Clause 3 Article 4 of this Decree.

5. Leaders of Task Force Teams for drug and crime prevention and control affiliated to the Department of Drug and Crime Prevention and Control under the control of the Command of Border Guards shall have the power to:

a) Impose a fine up to VND 100.000.000;

b) Confiscate the exhibits and instrumentalities which have been used for committing administrative violation but are worth less than an amount which is twice as much as the fine specified in Point a of this Clause;

c) Enforce the remedial measures specified in Points a, d and dd Clause 1 Article 28 of the Law on penalties for administrative violations and in Clause 3 Article 4 of this Decree.

6. Commanders of Provincial-level Border Guard Forces, Captains of Naval Border Guard Squadrons, and Director of the Department of Drug and Crime Prevention and Control affiliated to the Command of Border Guards shall have the power to:

a) Impose a fine up to VND 1.000.000.000;

b) Suspend practicing certificates/licenses or suspend operations for a fixed period;

c) Confiscate the exhibits and instrumentalities for committing administrative violations;

d) Enforce the remedial measures specified in Points a, d and dd Clause 1 Article 28 of the Law on penalties for administrative violations and in Clause 3 Article 4 of this Decree.

Article 49. Power of coast guard forces

1. On-duty coast guard officers shall have the power to:

Impose a fine up to VND 1.500.000.

2. Coastguard team leaders shall have the power to:

Impose a fine up to VND 5.000.000.

3. Coastguard squad leaders and captains of coastguard stations shall have the power to:

a) Impose a fine up to VND 10.000.000;

b) Enforce the remedial measures specified in Points a, c and dd Clause 1 Article 28 of the Law on penalties for administrative violations and in Clause 3 Article 4 of this Decree.

4. Commanders of coastguard platoons shall have the power to:

a) Impose a fine up to VND 25.000.000;

b) Confiscate the exhibits and instrumentalities which have been used for committing administrative violation but are worth less than an amount which is twice as much as the fine specified in Point a of this Clause;

c) Enforce the remedial measures specified in Points a, c, d and dd Clause 1 Article 28 of the Law on penalties for administrative violations and in Clause 3 Article 4 of this Decree.

5. Captains of Naval Border Guard Squadrons; Heads of Reconnaissance Commissions; Heads of Task Force Commissions for Drug Crime Prevention and Control under the control of the Command of Coast Guard of Vietnam shall have the power to:

a) Impose a fine up to VND 50.000.000;

b) Confiscate the exhibits and instrumentalities which have been used for committing administrative violation but are worth less than an amount which is twice as much as the fine specified in Point a of this Clause;

c) Enforce the remedial measures specified in Points a, d and dd Clause 1 Article 28 of the Law on penalties for administrative violations and in Clause 3 Article 4 of this Decree.

6. Regional Commands of Coast Guard and Director of the Department of Operations and Legislation under the control of the Command of Coast Guard of Vietnam shall have the power to:

a) Impose a fine up to VND 100.000.000;

b) Suspend practicing certificates/licenses or suspend operations for a fixed period;

c) Confiscate the exhibits and instrumentalities for committing administrative violations;

d) Enforce the remedial measures specified in Points a, d and dd Clause 1 Article 28 of the Law on penalties for administrative violations and in Clause 3 Article 4 of this Decree.

7. The Commander of Vietnam Coast Guard shall have the power to:

a) Impose a fine up to VND 1.000.000.000;

b) Suspend practicing certificates/licenses or suspend operations for a fixed period;

c) Confiscate the exhibits and instrumentalities for committing administrative violations;

d) Enforce the remedial measures specified in Points a, b, d and dd Clause 1 Article 28 of the Law on penalties for administrative violations and in Clause 3 Article 4 of this Decree.

Article 50. Power of customs agencies

1. Customs officials on duty shall have the power to:

Impose a fine up to VND 500.000.

2. Team Leaders; Group Leaders of Customs Sub-departments; Leaders of Groups in Control Teams affiliated to provincial, inter-provincial or municipal Customs Departments; Leaders of Teams in Post-clearance Inspection Sub-departments, shall have the power to:

Impose a fine up to VND 5.000.000.

3. Directors of Customs Sub-departments; Directors of Post-clearance Inspection Sub-departments; Leaders of Control Teams of provincial, inter-provincial or municipal Customs Departments; Leaders of Criminal Investigation Teams; Leaders of Smuggling Control Teams; Captains of Maritime Control Flotillas and Leaders of Anti-smuggling, Counterfeit Product Control and Intellectual Property Teams affiliated to the Smuggling Investigation and Prevention Department; Directors of Post-clearance Inspection Sub-departments affiliated to the Post-clearance Inspection Department shall have the power to:

a) Impose a fine up to VND 25.000.000;

b) Confiscate the exhibits and instrumentalities which have been used for committing administrative violation but are worth less than an amount which is twice as much as the fine specified in Point a of this Clause;

c) Enforce the remedial measures specified in Points d, dd and g Clause 1 Article 28 of the Law on penalties for administrative violations and in Clause 3 Article 4 of this Decree.

4. Directors of Anti-smuggling and Investigation Department; Post-clearance Audit Department affiliated to General Department of Customs; Directors of Customs Departments of provinces shall have the power to:

a) Impose a fine up to VND 50.000.000;

b) Suspend practicing certificates/licenses or suspend operations for a fixed period;

c) Confiscate the exhibits and instrumentalities for committing administrative violations;

d) Enforce the remedial measures specified in Points d, dd and g Clause 1 Article 28 of the Law on penalties for administrative violations and in Clause 3 Article 4 of this Decree.

5. Director General of General Department of Customs shall have the power to:

a) Impose a fine up to VND 1.000.000.000;

b) Suspend practicing certificates/licenses or suspend operations for a fixed period;

c) Confiscate the exhibits and instrumentalities for committing administrative violations;

d) Enforce the remedial measures specified in Points d, dd and g Clause 1 Article 28 of the Law on penalties for administrative violations and in Clause 3 Article 4 of this Decree.

Article 51. Power of market surveillance forces

1. Market controllers on duty shall have the power to:

Impose a fine up to VND 500.000.

2. Leaders of Market Surveillance Teams and Heads of Professional Divisions under the control of the Departments of Market Surveillance Operations shall have the power to:

a) Impose a fine up to VND 25.000.000;

b) Confiscate the exhibits and instrumentalities which have been used for committing administrative violation but are worth less than an amount which is twice as much as the fine specified in Point a of this Clause;

c) Enforce the remedial measures specified in Points a, dd, e and g Clause 1 Article 28 of the Law on penalties for administrative violations and in Clause 3 Article 4 of this Decree.

3. Directors of Provincial-level Market Surveillance Departments and Directors of Market Surveillance Operations Departments affiliated to Vietnam Directorate of Market Surveillance shall have the power to:

a) Impose a fine up to VND 50.000.000;

b) Confiscate the exhibits and instrumentalities for committing administrative violations;

c) Suspend licenses/practicing certificates or operations for a fixed period;

d) Enforce the remedial measures specified in Points a, d, dd, e and g Clause 1 Article 28 of the Law on penalties for administrative violations and in Clause 3 Article 4 of this Decree.

4. The Director General of Vietnam Directorate of Market Surveillance shall have the power to:

a) Impose a fine up to VND 1.000.000.000;

b) Confiscate the exhibits and instrumentalities for committing administrative violations;

c) Suspend licenses/practicing certificates or operations for a fixed period;

d) Enforce the remedial measures specified in Points a, d, dd, e and g Clause 1 Article 28 of the Law on penalties for administrative violations and in Clause 3 Article 4 of this Decree.

Article 52. Power of inspecting authorities

1. During the performance of their duties, agriculture and rural development inspectors and the officers assigned to conduct specialized inspections shall have the power to:

a) Impose a fine up to VND 500.000;

b) Confiscate the exhibits and instrumentalities which have been used for committing administrative violation but are worth less than an amount which is twice as much as the fine specified in Point a of this Clause;

c) Enforce the remedial measures specified in Points a and dd Clause 1 Article 28 of the Law on penalties for administrative violations and in Clause 3 Article 4 of this Decree.

2. Chief inspectors of Provincial Departments of Agriculture and Rural Development; heads of specialized inspection teams of Department of Fisheries; Director of Quality, Processing and Market Development Department, and heads of specialized inspection teams of Provincial Departments of Agriculture and Rural Development shall have the power to:

a) Impose a fine up to VND 50.000.000;

b) Suspend practicing certificates/licenses or suspend operations for a fixed period;

c) Confiscate the exhibits and instrumentalities which have been used for committing administrative violation but are worth less than an amount which is twice as much as the fine specified in Point a of this Clause;

d) Enforce the remedial measures mentioned in Clause 1 Article 28 of the Law on penalties for administrative violations and those mentioned in Clause 3 Article 4 herein.

3. Heads of specialized inspection teams in fisheries sector established by the Ministry of Agriculture and Rural Development shall have the power to:

a) Impose a fine up to VND 250.000.000;

b) Suspend practicing certificates/licenses or suspend operations for a fixed period;

c) Confiscate the exhibits and instrumentalities which have been used for committing administrative violation but are worth less than an amount which is twice as much as the fine specified in Point a of this Clause;

d) Enforce the remedial measures mentioned in Points a, b, d, dd, e and g Clause 1 Article 28 of the Law on penalties for administrative violations and in Clause 3 Article 4 of this Decree.

4. Chief Inspector of the Ministry of Agriculture and Rural Development; Director of Department of Fisheries; Director of Department of Animal Health; Director of Quality, Processing and Market Development Department shall have the power to:

a) Impose a fine up to VND 1.000.000.000;

b) Suspend practicing certificates/licenses or suspend operations for a fixed period;

c) Confiscate the exhibits and instrumentalities for committing administrative violations;

d) Enforce the remedial measures mentioned in Points a, b, d, dd, e and g Clause 1 Article 28 of the Law on penalties for administrative violations and in Clause 3 Article 4 of this Decree.

Article 53. Power of fisheries surveillance forces

1. Fisheries surveillance officials on duty shall have the power to:

a) Impose a fine up to VND 2.000.000;

b) Confiscate the exhibits and instrumentalities which have been used for committing administrative violation but are worth less than an amount which is twice as much as the fine specified in Point a of this Clause.

2. Heads of fisheries surveillance stations shall have the power to:

a) Impose a fine up to VND 10.000.000;

b) Confiscate the exhibits and instrumentalities which have been used for committing administrative violation but are worth less than an amount which is twice as much as the fine specified in Point a of this Clause;

c) Enforce the remedial measures specified in Points a and b Clause 1 Article 28 of the Law on penalties for administrative violations and in Clause 3 Article 4 of this Decree.

3. Directors of regional fisheries surveillance sub-departments shall have the power to:

a) Impose a fine up to VND 100.000.000;

b) Confiscate the exhibits and instrumentalities for committing administrative violations;

c) Enforce the remedial measures specified in Points a, b and d Clause 1 Article 28 of the Law on penalties for administrative violations and in Clause 3 Article 4 of this Decree.

4. Director of Department of fisheries resource surveillance shall have the power to:

a) Impose a fine up to VND 1.000.000.000;

b) Suspend practicing certificates/licenses or suspend operations for a fixed period;

c) Confiscate the exhibits and instrumentalities for committing administrative violations;

d) Enforce the remedial measures specified in Points a, b and d Clause 1 Article 28 of the Law on penalties for administrative violations and in Clause 3 Article 4 of this Decree.

Article 54. Power of forest protection forces

1. Forest protection officers on duty shall have the power to:

Impose a fine up to VND 500.000.

2. Heads of forest protection stations shall have the power to:

a) Impose a fine up to VND 10.000.000;

b) Confiscate the exhibits and instrumentalities which have been used for committing administrative violation but are worth less than an amount which is twice as much as the fine specified in Point a of this Clause.

3. Heads of district-level forest protection offices; heads of mobile ranger and forest fire prevention and fighting teams shall have the power to:

a) Impose a fine up to VND 25.000.000;

b) Confiscate the exhibits and instrumentalities which have been used for committing administrative violation but are worth less than an amount which is twice as much as the fine specified in Point a of this Clause;

c) Enforce the remedial measures specified in Points a and dd Clause 1 Article 28 of the Law on penalties for administrative violations and in Clause 3 Article 4 of this Decree.

4. Directors of Forest Protection Sub-departments, Directors of Regional Forest Protection Sub-Departments, and Leaders of Task Force Teams for Forest Protection affiliated to the Forest Protection Department shall have the power to:

a) Impose a fine up to VND 50.000.000;

b) Confiscate the exhibits and instrumentalities which have been used for committing administrative violation but are worth less than an amount which is twice as much as the fine specified in Point a of this Clause;

c) Suspend licenses/practicing certificates or operations for a fixed period;

d) Enforce the remedial measures specified in Points a, b and dd Clause 1 Article 28 of the Law on penalties for administrative violations and in Clause 3 Article 4 of this Decree.

5. Director of the Forest Protection Department shall have the power to:

a) Impose fines up to the maximum fine for violations in forestry sector specified in Article 24 of the Law on penalties for administrative violations;

b) Confiscate the exhibits and instrumentalities for committing administrative violations;

c) Suspend licenses/practicing certificates or operations for a fixed period;

d) Enforce the remedial measures specified in Points a, b and dd Clause 1 Article 28 of the Law on penalties for administrative violations and in Clause 3 Article 4 of this Decree.

Article 55. Determination of power to impose penalties

1. Director of Department of Fisheries, and Chairpersons of Provincial People’s Committees shall have the power to impose penalties for the administrative violations prescribed in Chapter II of this Decree.

2. Chairpersons of commune-level people’s committees; Chairpersons of district-level people’s committees shall have the power to impose penalties for the administrative violations prescribed in Points a and b Clauses 1 Article 6; Article 7; Clause 1, Points a, b, c, d, dd, e, g, h and i Clause 2 and Points a, b, c, d, dd, e, g and h and Clause 3 Article 8; Clause 1, Clause 2 Article 9; Article 10; Article 11; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18; Article 19; Clauses 1, 2, 3, 4, 5 and Clause 6 Article 21; Article 22; Article 23; Clause 1, Clause 2 and Point a Clause 3 Article 24; Article 25; Clause 1 Article 26; Article 27; Article 28; Article 29; Article 30; Clause 1, Clause 2 and Points a, b Clause 3 Article 31; Article 32; Article 33; Article 34; Clauses 1, 2, 3 and 5 Article 35; Article 36; Article 37; Article 38; Article 39; Article 40; Article 41; Clause 1, Clause 2, Points a Clauses 3 and Point a Clauses 4 Article 42; Article 43 and Article 44 under their authority prescribed in Clauses 1 and 2 Article 46 of this Decree and within the ambit of their assigned functions and tasks.

3. People’s police forces shall have the power to impose penalties for the administrative violations prescribed in Article 6; Article 7; Article 8; Article 9; Article 11; Article 12; Article 13; Article 14; Article 15; Article 18; Article 19; Article 21; Article 23; Article 24; Article 25; Article 26; Article 27; Article 28; Article 29; Article 33; Article 35; Article 36; Article 37; Article 38; Article 39; Article 40; Article 41; Article 42; Article 43 and Article 44 under their authority prescribed in Article 47 of this Decree and within the ambit of their assigned functions and tasks.

4. Border guard forces shall have the power to impose penalties for the administrative violations prescribed in Article 6; Article 7; Article 8; Article 9; Article 11; Clause 3 Article 13; Clause 1 Article 14; Article 18; Article 20; Article 21; Article 23; Article 24; Article 25; Article 26; Article 27; Article 28; Article 29; Article 30; Article 32; Article 33; Article 35; Article 36; Article 37; Article 38; Article 39; Article 40; Article 41; Article 42; Clause 1 and Point b Clause 2 Article 43 and Article 44 under their authority prescribed in Article 48 of this Decree and within the ambit of their assigned functions and tasks.

5. Coast guard forces shall have the power to impose penalties for the administrative violations prescribed in Article 6; Article 7; Article 8; Article 9; Article 20; Article 21; Article 23; Article 24; Article 25; Article 26; Article 27; Article 28; Article 29; Article 30; Article 33; Article 35; Article 36; Article 37; Article 38; Article 41; Article 42; Article 43 and Article 44 under their authority prescribed in Article 49 of this Decree and within the ambit of their assigned functions and tasks.

6. Customs authorities shall have the power to impose penalties for the administrative violations prescribed in Article 11; Clause 3 and Point b Clause 4 Article 15; Article 18; Article 32; Article 42 and Clause 1 Article 44 under their authority prescribed in Article 50 of this Decree and within the ambit of their assigned functions and tasks.

7. Market surveillance forces shall have the power to impose penalties for the administrative violations prescribed in Article 11; Article 12; Article 13; Article 14; Clause 2, Clause 3, Clause 4 and Clause 5 Article 15; Article 18; Clause 2 Article 28; Article 32; Article 41; Article 42; Article 43 and Clause 1 Article 44 under their authority prescribed in Article 51 of this Decree and within the ambit of their assigned functions and tasks.

8. Power to impose administrative penalties of inspectors and authorities assigned to carry out specialized inspections in fisheries:

a) Inspectors of agriculture and rural development sector and persons who are assigned to conduct specialized inspections in fisheries shall have the power to impose penalties for the administrative violations prescribed in Clause 1 Article 38 under their authority prescribed in Clause 1 Article 52 of this Decree and within the ambit of their assigned functions and tasks;

b) Chief inspectors of Provincial Departments of Agriculture and Rural Development; heads of specialized inspection teams of Provincial Departments of Agriculture and Rural Development; heads of specialized inspection teams of Department of Fisheries shall have the power to impose penalties for the administrative violations prescribed in Point a Clause 1 Article 6; Clause 1, Clause 2, Points a, b and c Clause 3 and Clause 4 Article 7; Clause 1, Points a, b, c and d Clause 2 and Points a, b and c Clause 3 Article 8; Article 10; Article 11; Article 12; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18; Article 19; Clauses 1, 2, 3, 4, 5 and Points a, b, c Clause 6 Article 21; Article 22; Clauses 1, 2 and 3 Article 23; Point a Clause 1 Article 24; Article 25; Article 27; Article 28; Clause 1 and 2 Article 29; Article 30; Clause 1, Clause 2, Point a Clause 4 Article 31; Article 33; Article 34; Clauses 1, 2, 3 and 4 Article 35; Article 36; Article 37; Article 38; Article 39; Article 40; Points a, b, c, d and dd Clause 1, Points a, b Clause 2 and Clause 3 Article 41; Clause 1 and Clause 2 Article 42; Article 43 and Article 44 under their authority prescribed in Clause 2 Article 52 of this Decree and within the ambit of their assigned functions and tasks;

c) Heads of specialized inspection teams in fisheries of the Ministry of Agriculture and Rural Development of Vietnam shall have the power to impose penalties for the administrative violations prescribed in Article 6; Article 7; Article 8; Article 9; Article 10; Article 11; Article 12; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18; Article 19; Article 21; Article 22; Article 23; Article 24; Article 25; Clause 1 and Clause 2 Article 26; Article 27; Article 28; Article 29; Article 30; Article 31; Article 32; Article 33; Article 34; Clauses 1, 2, 3, 4 and 5 Article 35; Article 36; Article 37; Article 38; Article 39; Article 40; Article 41; Clauses 1, 2, 3, Point a Clause 4 and Point a Clause 5 Article 42; Article 43 and Article 44 under their authority prescribed in Clause 3 Article 52 of this Decree and within the ambit of their assigned functions and tasks;

d) Chief Inspection of the Ministry of Agriculture and Rural Development of Vietnam shall have the power to impose penalties for the administrative violations prescribed in Article 6; Article 7; Article 8; Article 9; Article 10; Article 11; Article 12; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18; Article 19; Points a, c and g Clause 3 Article 20; Article 21; Article 22; Article 23; Article 24; Article 25; Article 26; Article 27; Article 28; Article 29; Article 30; Article 31; Article 32; Article 33; Article 34; Article 35; Article 36; Article 37; Article 38; Article 39; Article 40; Article 41; Article 42; Article 43 and Article 44 under their authority prescribed in Clause 4 Article 52 of this Decree and within the ambit of their assigned functions and tasks;

dd) Director of Quality, Processing and Market Development Department shall have the power to impose penalties for the administrative violations prescribed in Article 41; Article 42; Clause 2 Article 43 and Clause 1 Article 44 under his/her authority prescribed in Clause 4 Article 52 of this Decree and within the ambit of their assigned functions and tasks.

e) Director of Department of Animal Health shall have the power to impose penalties for the administrative violations prescribed in Article 42; Clause 2 Article 43 and Clause 1 Article 44 under his/her authority prescribed in Clause 4 Article 52 of this Decree and within the ambit of their assigned functions and tasks.

9. Fisheries surveillance forces shall have the power to impose penalties for the administrative violations prescribed in Article 6; Article 7; Article 8; Article 9; Article 20; Article 21; Article 23; Article 24; Article 25; Article 26; Article 27; Article 28; Article 29; Article 30; Article 33; Article 35; Article 36; Article 37; Article 38; Article 39; Article 40; Article 41; Article 42; Article 43 and Article 44 under their authority prescribed in Article 53 of this Decree and within the ambit of their assigned functions and tasks.

10. Forest protection forces shall have the power to impose penalties for the administrative violations prescribed in Article 6; Article 7; Article 8; Article 9; Article 23 and Article 43 under their authority prescribed in Article 54 of this Decree and within the ambit of their assigned functions and tasks.

Article 56. Implementation of preventive measures and enforcement of administrative penalties

1. In cases where only fine is imposed for an administrative violation against regulations on fisheries, the person who has the power to impose penalties is entitled to impound one of the following documents in the following order: captain’s or chief engineer’s license or certificate, or license to operate vessels or other necessary documents concerning the exhibits and instrumentalities until the violating entity has completely implemented the penalty imposition decision. If the abovementioned documents are not available, the exhibits and instrumentalities of the administrative violation will be impounded.

In case the additional penalty which is confiscation of exhibits and instrumentalities of the violation is imposed for an administrative violation prescribed in this Decree, the person who has the power to impose penalties is entitled to request the violating entity to operate their vessel to shore or to the office of his/her working authority for handling or to impound the exhibits and instrumentalities of the violation within his/her jurisdiction.

2. Authority and procedures for implementing preventive measures and enforcing penalties for administrative violations in fisheries sector shall comply with provisions of the Law on penalties for administrative violations.

Article 57. Imposition of remedial measures

1. Implementation of the remedial measure that is enforced destruction of aquaculture feeds, aqua environmental remediation products; banned substances or chemicals, toxic substances, poisonous plants and/or other chemicals and the fish caught or recall of aquaculture feeds and aqua environmental remediation products shall be subject to the following provisions:

a) Within 30 days from the receipt of the penalty imposition decision or decision to separately impose remedial measures as prescribed in Article 65 of the Law on penalties for administrative violations, the violating entity shall carry out the destruction or recall of violating products which are being sold on the market;

b) Within 05 working days upon completion of the destruction or recall of violating products which are being sold on the market, the violating entity shall send a written report on their completion of remedial measure to the authority of the person that issued the penalty imposition decision or decision to separately impose remedial measures;

c) Within 03 working days from the receipt of the report on completion of remedial measure, the person that issued the penalty imposition decision or decision to separately impose remedial measures shall consider issuing a written certification that the violating entity has successfully completed the remedial measure, or a written refusal to give this certification in which reasons for such refusal must be indicated.

2. Implementation of the remedial measure that is enforced capture and destruction of live aquatic species released or escaped into natural environment, or products of illegal breeding of live aquatic species shall be subject to the following provisions:

a) Within 30 days from the receipt of the penalty imposition decision or decision to separately impose remedial measures as prescribed in Article 65 of the Law on penalties for administrative violations, the violating entity shall carry out capture and destruction of live aquatic species released or escaped into natural environment, or products of illegal breeding of live aquatic species adopting heat processing at 90°C or higher or freezing or preliminary processing or processing method;

b) Within 05 working days upon completion of the capture or destruction, the violating entity shall send a written report on their completion of remedial measure to the authority of the person that issued the penalty imposition decision or decision to separately impose remedial measures;

c) Within 03 working days from the receipt of the report on completion of remedial measure, the person that issued the penalty imposition decision or decision to separately impose remedial measures shall consider issuing a written certification that the violating entity has successfully completed the remedial measure, or a written refusal to give this certification in which reasons for such refusal must be indicated.

3. Implementation of the remedial measure that is enforced breaking up or repurposing of fishing vessels shall be subject to the following provisions:

a) Within 30 days from the receipt of the penalty imposition decision or decision to separately impose remedial measures, the violating entity shall carry out the breaking up of their fishing vessel;

b) In case of repurposing of the fishing vessel, within 60 days from the receipt of the penalty imposition decision or decision to separately impose remedial measures, the violating entity shall be responsible for repurposing their fishing vessel. Such repurposing must be completed within 180 days from the day on which such repurposing starts;

c) Within 05 working days upon completion of the breaking up or repurposing of the fishing vessel, the violating entity shall send a written report on their completion of remedial measure to the authority of the person that issued the penalty imposition decision or decision to separately impose remedial measures;

d) Within 03 working days from the receipt of the report on completion of remedial measure, the person that issued the penalty imposition decision or decision to separately impose remedial measures shall consider issuing a written certification that the violating entity has successfully completed the remedial measure, or a written refusal to give this certification in which reasons for such refusal must be indicated.

4. Documents on the implementation of remedial measures by the violating entity shall be kept together with the penalty imposition dossier in accordance with regulations of law on archives.

Article 58. Technical and professional facilities and equipment for detecting violations

1. Authorities and persons competent to impose penalties are entitled to use technical and professional facilities and equipment for detecting the administrative violations in commercial fishing, protection of aquatic resources and aquaculture sectors.

2. Management, use and list of technical and professional facilities and equipment used for detecting violations shall comply with the Government's regulations on list, management and use of technical and professional facilities and equipment, and collection and use of data obtained from technical and professional facilities and equipment provided by organizations and individuals for detecting administrative violations.