Chapter 3.
COMPETENCE TO SANCTION ADMINISTRATIVE VIOLATIONS
Article 28. Competence to sanction administrative violations of People’s Public Security
1. People’s police officer who is on duty has the right:
a) To impose a caution;
b) To impose a fine up to VND 200,000.
2. Station chief, captain of the competent persons as prescribed in clause 1 of this Article may:
a) To impose a caution;
b) To impose a fine up to VND 500,000.
3. Police chief of commune, ward and townlet (hereafter referred to as communal level) has the right
a) To impose a caution;
b) To impose a fine up to VND 2,000,000.
c) To confiscate exhibit and means used for administrative violations valued up to VND 2,000,000;
d) Coercively restoring the initial condition altered due to administrative violations.
4. Police chief of district, town and provincial run city (hereafter referred to as district level) has the right:
a) To impose a caution;
b) To impose a fine up to VND 10,000,000.
c) To deprive the license use right and certificate of practice under the competence;
d) To confiscate exhibit and means used for administrative violations;
dd) To apply remedial measures prescribed in this Decree.
5. Head of Division of fire prevention and fighting, rescue and salvage, Head of police Division on administrative management of social order, Head of police Division of road and rail traffic, Head of police Division of waterway, Head of police Division of prevention of environmental crime, Head of police Division of criminal investigation of the social order, provincial-level police and Head of district-level police Division of fire prevention and fighting under the Service of fire prevention and fighting within their functions, duties and power have the right:
a) To impose a caution;
b) To impose a fine up to VND 10,000,000.
c) To deprive the license use right and certificate of practice under the competence;
d) To confiscate exhibit and means used for administrative violations;
dd)To apply remedial measures prescribed in this Decree;
6. Directors of police of central-run cities and provinces (hereafter referred to as provincial level), Director of police Service of fire prevention and fighting have the right:
a) To impose a caution;
b) To impose a fine up to VND 30,000,000.
c) To deprive the license use right and certificate of practice under the competence;
d) To confiscate exhibit and means used for administrative violations;
dd) To confiscate exhibit and means used for administrative violations;
e) Directors of provincial –level police have the right to apply the form of sanction of expulsion as assigned by the Minister of Public Security.
7. Head of Department of fire prevention and fighting, rescue and salvage, Head of police Department on administrative management of social order, Head of police Department of road and rail traffic, Head of police Department of waterway, Head of police Division of prevention of environmental crime, Head of police Division of criminal investigation of the social order within their functions, duties and power have the right:
a) To impose a caution;
b) To impose a fine to a maximum level specified in point a, clause 2, Article 14 of the Ordinance amending and supplementing some articles of the Ordinance on Handling of Administrative Violations 2008;
c) To deprive the license use right and certificate of practice under the competence;
d) To confiscate goods and means used for administrative violations
dd) To apply remedial measures prescribed in this Decree;
8. Minister of Public Security shall decide to apply the form of sanction of expulsion
Article 29. Competence to sanction administrative violations of Chairman of People’s Committee of all levels
1. Chairman of communal-level People’s Committee has the right:
a) To impose a caution;
b) To impose a fine up to VND 2,000,000
c) To confiscate exhibit and means used for administrative violations valued up to VND 2,000,000;
d) Coercively restoring the initial condition altered due to administrative violations;
2. Chairman of district-level People’s Committee has the right:
a) To impose a caution;
b) To impose a fine up to VND 30,000,000
c) To confiscate exhibit and means used for administrative violations;
d) To deprive the license use right and certificate of practice under the competence;
dd) To apply remedial measures prescribed in this Decree;
3. Chairman of provincial-level People’s Committee has the right:
a) To impose a caution;
b) To impose a fine to a maximum level specified in point a, clause 2, Article 14 of the Ordinance amending and supplementing some articles of the Ordinance on Handling of Administrative Violations 2008;
c) To confiscate exhibit and means used for administrative violations;
d) To deprive the license use right and certificate of practice under the competence;
dd) To apply remedial measures prescribed in this Decree;
Article 30. Competence to sanction administrative violations of other agencies
Apart from persons with sanctioning competence prescribed in Article 28 and Article 29 of this Decree, the persons having competence to sanction under the provisions of the Ordinance on Handling of Administrative Violations 2002 and the Ordinance Amending and Supplementing some articles of the Ordinance on Handling of Administrative Violations 2008 while performing functions, duties under their respective management area and detecting the administrative violation specified in this Decree shall may sanction as prescribed by law.
Article 31. Authorized to sanction administrative violations in the area of fire prevention and fighting
Persons who has competence to sanction administrative violations prescribed in Clause 2, 3, 4, 5, 6 and 7 of Article 28; clause 1, 2 and 3 of Article 29 of this Decree may authorize his deputy to exercise the competence to sanction administrative violations. The authorization must be made in writing. The deputy authorized must take responsibility for his decisions on sanctioning of administrative violations before his superior and law.
Article 32. Principle to determine competence to sanction administrative violations
1. The competence to sanction administrative violations in accordance with this Decree is the competence applicable to an administrative violation. In the case of fines, the sanctioning competence shall be determined based on the maximum level of the fine fine bracket prescribed for each specific act of violation. In case of administrative violation under the competence of many persons, the sanction shall be made by the first person who handles the case.
2. In the case of sanctioning a person who commits many acts of administrative violation, the sanctioning competence shall be determined according to the following principles:
a) If the form and level of sanction prescribed for every act are under the competence of the sanctioning person, the sanctioning competence still belongs to that person;
b) If the form and level of sanction prescribed for one of the acts exceed the competence of the sanctioning person, that person must transfer the violation case to the sanctioning competent level.
3. In case the person with sanctioning competence as a people’s police officer who is dealing with individuals and organizations in violation of fire prevention and fighting prescribed in this Decree but detects that individual or organization also commits acts of administrative violations stipulated in other Decrees of the Government, he shall have the right to sanction such act of administrative violation.
Tìm kiếm
Nghị định 52/2012/NĐ-CP xử phạt vi phạm hành chính trong lĩnh vực phòng cháy (Bản Pdf)
Nghị định 52/2012/NĐ-CP xử phạt vi phạm hành chính trong lĩnh vực phòng cháy (Bản Word)