Chapter III
SANCTIONING COMPETENCE
Article 45. Competence of chairpersons of People's Committees at all levels to sanction administrative violations
1. Chairpersons of People's Committees of communes, wards or townships are competent to:
a/ Impose cautions;
b/ Impose fines of up to VND 2,000,000;
c/ Confiscate material evidence and means used for committing administrative violations and valued at up to VND 2,000,000;
d/ Apply remedies specified in Chapter II of this Decree.
2. Chairpersons of People's Committees of rural districts, urban districts, towns or provincial cities are competent to:
a/ Impose cautions;
b/ Impose fines of up to VND 30,000,000;
c/ Confiscate material evidence and means used for committing administrative violations;
d/ Deprive of the right to use practice licenses or certificates according to their competence;
dd/ Apply remedies specified in Chapter II of this Decree.
3. Chairpersons of People's Committees of provinces or centrally run cities are competent to:
a/ Impose cautions;
b/ Impose fines of up to the maximum level specified in this Decree;
c/ Confiscate material evidence and means used for committing administrative violations;
d/ Deprive of the right to use practice licenses or certificates according to their competence;
dd/ Apply remedies specified in Chapter II of this Decree.
Article 46. Competence of specialized judicial inspectorates to sanction administrative violations
1. Specialized judicial inspectors on duty may:
a/ Impose cautions;
b/ Impose fines of up to VND 500,000;
c/ Confiscate material evidence and means used for committing administrative violations and valued at up to VND 2,000,000;
d/ Apply remedies specified in Chapter II of this Decree.
2. Chief inspectors of provincial-level Justice Departments may:
a/ Impose cautions;
b/ Impose fines of up to VND 30,000,000;
c/ Confiscate material evidence and means used for committing administrative violations;
d/ Deprive of the right to use practice licenses or certifies according to their competence;
dd/ Apply remedies specified in Chapter II of this Decree.
3. The Chief Inspector of the Ministry of Justice may:
a/ Impose cautions;
b/ Impose fines of up to the maximum level specified in this Decree;
c/ Confiscate material evidence and means used for committing administrative violations;
d/ Deprive of the right to use practice licenses certificates according to his/her competence;
dd/ Apply remedies specified in Chapter II of this Decree.
Article 47. Competence of civil judgment enforcement agencies to sanction administrative violations
1. Civil judgment enforcers on duty may:
a/ Impose cautions;
b/ Impose fines of up to VND 200,000.
2. Heads of district-level civil judgment enforcement agencies may:
a/ Impose cautions;
b/ Impose fines of up to VND 500,000.
3. Heads of provincial-level civil judgment enforcement agencies or judgment enforcement agencies of military zones may:
a/ Impose cautions;
b/ Impose fines of up to VND 1,000,000.
Article 48. Competence of heads of foreign-based Vietnamese diplomatic representation or consular offices or other agencies authorized to perform the consular function to sanction administrative violations
Heads of foreign-based Vietnamese diplomatic representation or consular offices or other agencies authorized to perform the consular function may:
1. Impose cautions;
2. Impose fines of up to VND 10,000,000.
Article 49. Decentralization of competence to People's Committees at all levels, specialized judicial inspectorates and' civil judgment enforcement agencies to sanction administrative violations
1. Chairpersons of People's Committees at all levels shall sanction administrative violations in domains under their management according to their competence specified in Article 45 of this Decree.
2. Specialized judicial inspectorates shall sanction administrative violations specified in Chapter II of this Decree and other acts of administrative violation relevant to the judicial domain specified in the Government’s decrees on sanctioning of administrative violations in state management domains according to their competence specified in Article 46 of this Decree.
Chief inspectors and specialized inspectors of provincial-level Justice Departments may not sanction acts of administrative violation specified in Section 11 of Chapter II of this Decree. These administrative violations shall be sanctioned by the Chief Inspector and specialized inspectors of the Ministry of Justice.
3. Civil judgment enforcement agencies shall sanction according to their competence specified in Article 47 of this Decree administrative violations in civil judgment enforcement.
4. In case an administrative violation specified in this Decree falls within the sanctioning competence of many persons in different branches, the chairman of the People’s committee with sanctioning competence in the locality where the violation is committed may sanction it.
Article 50. Competence of other agencies to sanction administrative violations
In addition to persons with the sanctioning competence defined in Articles 45, 46 and 47 of this Decree, persons of other agencies who are competent to sanction administrative violations under the Ordinance on Handling of Administrative Violations within the ambit of their functions and assigned tasks and detect acts of administrative violation specified in this Decree and committed in domains or geographical areas under their management may also sanction these acts under Article 42 of the Ordinance on Handling of Administrative Violations.
Tìm kiếm
Nghị định 60/2009/NĐ-CP xử phạt vi phạm hành chính trong lĩnh vực tư pháp (Bản Pdf)
Nghị định 60/2009/NĐ-CP xử phạt vi phạm hành chính trong lĩnh vực tư pháp (Bản Word)