Chương III Nghị định 98/2020/NĐ-CP: Thẩm quyền lập biên bản vi phạm hành chính và xử phạt vi phạm hành chính

Chapter III

POWER TO RECORD ADMINISTRATIVE VIOLATIONS AND IMPOSE PENALTIES

Article 80. Power to record administrative violations

The following persons shall have the power to record administrative violations:
1. The persons having the power to impose administrative penalties mentioned in Article 81 through 87 of this Decree.

2. On-duty persons of people’s army or people’s security forces, and on-duty officials and public employees working at the agencies prescribed in Articles 81 through 87 hereof.

3. Pilots in command, shipmasters and train masters shall have the power to record the administrative violations detected on aircrafts, ships or trains.

Article 81. Power to impose penalties of Chairpersons of People’s Committees at all levels

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

a) Issue warning;

b) Impose a fine up to VND 5.000.000 upon an individual and up to VND 10.000.000 upon an organization;

c) Confiscate the exhibits and instrumentalities which have been used for committing administrative violations but are worth less than the fine specified in Point b of this Clause;

d) Impose the remedial measure specified in Point b Clause 3 Article 4 hereof.

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

a) Issue warning;

b) Impose a fine up to VND 50.000.000 upon an individual and up to VND 100.000.000 upon an organization;

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

d) Confiscate the exhibits and instrumentalities which have been used for committing administrative violations but are worth less than the fine specified in Point b of this Clause;

dd) Impose the remedial measures specified in Points b, c, dd, e, g, h, i and k Clause 3 Article 4 hereof.

3. Chairpersons of provincial-level People’s Committees shall have the power to:

a) Issue warning;

b) Impose a fine up to the maximum fine prescribed herein;

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

d) Confiscate the exhibits and instrumentalities used for committing administrative violations;

dd) Impose the remedial measures prescribed herein.

Article 82. Power to impose penalties of market surveillance forces

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

a) Issue warning;

b) Impose a fine up to VND 500.000 upon an individual and up to VND 1.000.000 upon an organization.

2. Leaders of market surveillance teams shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 25.000.000 upon an individual and up to VND 50.000.000 upon an organization;

c) Confiscate the exhibits and instrumentalities which have been used for committing administrative violations but are worth less than the fine specified in Point b of this Clause;

d) Impose the remedial measures prescribed herein, except the remedial measure prescribed in Point a Clause 3 Article 4 hereof.

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 warning;

b) Impose a fine up to VND 50.000.000 upon an individual and up to VND 100.000.000 upon an organization;

c) Confiscate the exhibits and instrumentalities which have been used for committing administrative violations but are worth less than the fine specified in Point b of this Clause;

d) Suspend licenses/practicing certificates or suspend operations for fixed periods;

dd) Impose the remedial measures prescribed herein.

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

a) Issue warning;

b) Impose a fine up to the maximum fine prescribed herein;

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

d) Suspend licenses/practicing certificates or suspend operations for fixed periods;

dd) Impose the remedial measures prescribed herein.

Article 83. Power to impose penalties of people’s public security forces

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

a) Issue warning;

b) Impose a fine up to VND 500.000 upon an individual and up to VND 1.000.000 upon an organization.

2. Heads of police stations and leaders of the soldiers mentioned in Clause 1 of this Article shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 1.500.000 upon an individual and up to VND 3.000.000 upon an organization.

3. Heads of communal police authorities and heads of police stations at checkpoints and export processing zones shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 2.500.000 upon an individual and up to VND 5.000.000 upon an organization;

c) Confiscate the exhibits and instrumentalities which have been used for committing administrative violations but are worth less than the fine specified in Point b of this Clause;

d) Impose the remedial measure specified in Point b Clause 3 Article 4 hereof.

4. Heads of District-level police forces, heads of operations divisions affiliated to the Traffic Police Department, and heads of provincial-level police agencies, including:  Heads of police departments for administrative management of social order, heads of police departments for investigation into social order-related crimes, heads of police departments for investigation into corruption, economy and smuggling-related crimes, heads of police departments for investigation drug-related crimes, heads of traffic police departments, heads of railway and road traffic police departments, heads of road traffic police departments, heads of waterway traffic police departments, heads of environment crime prevention and fighting police departments, heads of internal political security departments and heads of economic security departments, shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 25.000.000 upon an individual and up to VND 50.000.000 upon an organization for committing one of the violations in Section 2 Chapter II hereof; a fine up to VND 20.000.000 upon an individual and up to VND 40.000.000 upon an organization for committing other violations prescribed herein;

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

d) Confiscate the exhibits and instrumentalities which have been used for committing administrative violations but are worth less than the fine specified in Point b of this Clause;

dd) Impose the remedial measures specified in Points b, h, i and k Clause 3 Article 4 hereof.

5. Directors of provincial-level Public Security Departments shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 50.000.000 upon an individual and up to VND 100.000.000 upon an organization;

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

d) Confiscate the exhibits and instrumentalities which have been used for committing administrative violations but are worth less than the fine specified in Point b of this Clause;

dd) Impose the remedial measures specified in Points b, e, h, i and k Clause 3 Article 4 hereof.

6. Directors of Internal Political Security Department, Economic Security Department, Police Department for Administrative Management of Social Order, Police Department for Investigation into Corruption, Economy and Smuggling-related Crimes, Police Department for Investigation into Drug-related Crimes, Traffic Police Department, Environment Crime Prevention and Fighting Police Department, Department of Cybersecurity and Hi-tech Crime Prevention and Control, and Immigration Department shall have the power to:

a) Issue warning;

b) Impose a fine up to the maximum fine prescribed herein;

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

d) Confiscate the exhibits and instrumentalities used for committing administrative violations;

dd) Impose the remedial measures specified in Points b, e, h, i and k Clause 3 Article 4 hereof.

Article 84. Power to impose penalties of customs agencies

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

a) Issue warning;

b) Impose a fine up to VND 500.000 upon an individual and up to VND 1.000.000 upon an organization.

2. Team leaders of Customs Branches and team leaders of Post-clearance Audit Branches shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 5.000.000 upon an individual and up to VND 10.000.000 upon an organization.

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 warning;

b) Impose a fine up to VND 25.000.000 upon an individual and up to VND 50.000.000 upon an organization;

c) Confiscate the exhibits and instrumentalities which have been used for committing administrative violations but are worth less than the fine specified in Point b of this Clause;

d) Enforce the remedial measures specified in Points a, b, d and e Clause 3 Article 4 hereof.

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 warning;

b) Impose a fine up to VND 50.000.000 upon an individual and up to VND 100.000.000 upon an organization;

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

d) Confiscate the exhibits and instrumentalities which have been used for committing administrative violations but are worth less than the fine specified in Point b of this Clause;

dd) Impose the remedial measures specified in Points a, b, d and e Clause 3 Article 4 hereof.

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

a) Issue warning;

b) Impose a fine up to the maximum fine prescribed herein;

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

d) Impose the remedial measures specified in Points a, b, d and e Clause 3 Article 4 hereof.

Article 85. Power to impose penalties of border guard forces

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

a) Issue warning;

b) Impose a fine up to VND 500.000 upon an individual and up to VND 1.000.000 upon an organization.

2. Heads of police stations and leaders of the soldiers mentioned in Clause 1 of this Article shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 2.500.000 upon an individual and up to VND 5.000.000 upon an organization.

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

a) Issue warning;

b) Impose a fine up to VND 25.000.000 upon an individual and up to VND 50.000.000 upon an organization for committing one of the violations in Section 2 Chapter II hereof; a fine up to VND 20.000.000 upon an individual and up to VND 40.000.000 upon an organization for committing other violations prescribed herein;

c) Confiscate the exhibits and instrumentalities which have been used for committing administrative violations but are worth less than the fine specified in Point b of this Clause;

d) Impose the remedial measure specified in Point b Clause 3 Article 4 hereof.

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 warning;

b) Impose a fine up to the maximum fine prescribed herein;

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

d) Confiscate the exhibits and instrumentalities used for committing administrative violations;

dd) Impose the remedial measures specified in Points b and e Clause 3 Article 4 hereof.

Article 86. Power to impose penalties of Vietnam marine police forces

1. Coast guard officers on duty shall have the power to:

a) Issue warning;  

b) Impose a fine up to VND 1.500.000 upon an individual and up to VND 3.000.000 upon an organization.

2. Coastguard team leaders shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 5.000.000 upon an individual and up to VND 10.000.000 upon an organization.

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

a) Issue warning;

b) Impose a fine up to VND 10.000.000 upon an individual and up to VND 20.000.000 upon an organization;

c) Impose the remedial measures mentioned in Point b Clause 3 Article 4 hereof.

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

a) Issue warning;

b) Impose a fine up to VND 25.000.000 upon an individual and up to VND 50.000.000 upon an organization for committing one of the violations in Section 2 Chapter II hereof; a fine up to VND 20.000.000 upon an individual and up to VND 40.000.000 upon an organization for committing other violations prescribed herein;

c) Confiscate the exhibits and instrumentalities which have been used for committing administrative violations but are worth less than the fine specified in Point b of this Clause;

d) Impose the remedial measures specified in Points a and b Clause 3 Article 4 hereof.

5. Commanders in chief of coastguard squadrons shall have the power to: 

a) Issue warning;

b) Impose a fine up to VND 50.000.000 upon an individual and up to VND 100.000.000 upon an organization for committing one of the violations in Section 2 Chapter II hereof; a fine up to VND 30.000.000 upon an individual and up to VND 60.000.000 upon an organization for committing other violations prescribed herein;

c) Confiscate the exhibits and instrumentalities which have been used for committing administrative violations but are worth less than the fine specified in Point b of this Clause;

d) Impose the remedial measures specified in Points a and b Clause 3 Article 4 hereof.

6. Commanders of Regional Coast Guards shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 100.000.000 upon an individual and up to VND 200.000.000 upon an organization for committing one of the violations in Section 2 Chapter II hereof; a fine up to VND 50.000.000 upon an individual and up to VND 100.000.000 upon an organization for committing other violations prescribed herein;

c) Confiscate the exhibits and instrumentalities which have been used for committing administrative violations but are worth less than the fine specified in Point b of this Clause;

d) Impose the remedial measures specified in Points a and b Clause 3 Article 4 hereof.

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

a) Issue warning;

b) Impose a fine up to the maximum fine prescribed herein;

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

d) Confiscate the exhibits and instrumentalities used for committing administrative violations;

dd) Impose the remedial measures specified in Points a and b Clause 3 Article 4 hereof.

Article 87. Power to impose penalties of inspectors

1. On-duty inspectors and persons assigned to carry out specialized inspections shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 500.000 upon an individual and up to VND 1.000.000 upon an organization;

c) Confiscate the exhibits and instrumentalities which have been used for committing administrative violations but are worth less than the fine specified in Point b of this Clause;

d) Impose the remedial measure specified in Point b Clause 3 Article 4 hereof.

2. Chief Inspectors of and Directors of Sub-directorates for Standard, Metrology and Quality affiliated to provincial Departments of Science and Technology, Directors of Branches of Vietnam Food Administration affiliated to Provincial Departments of Health, Directors of Crop Production and Plant Protection Sub-departments, Sub-departments of Livestock Production and Animal Health, Sub-departments of Fisheries, and Agro-Forestry-Fisheries Quality Assurance Sub-departments affiliated to Provincial Departments of Agriculture and Rural Development, Directors of Radio Frequency Centers and holders of equivalent titles assigned by the Government to carry out specialized inspections shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 50.000.000 upon an individual and up to VND 100.000.000 upon an organization;

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

d) Confiscate the exhibits and instrumentalities which have been used for committing administrative violations but are worth less than the fine specified in Point b of this Clause;

dd) Impose the remedial measures prescribed herein.

3. Chief Inspectors of ministries, ministerial agencies, Director General of Directorate for Standards, Metrology and Quality, Director General of Vietnam Administration of Forestry, Director General of Directorate of Fisheries, Director General of General Department of Geology and Minerals of Vietnam, Director General of Vietnam Environment Administration, Director General of Vietnam Chemicals Agency, Director General of Industrial Safety Techniques and Environment Agency, Director General of Department of Animal Health, Director General of Plant Protection Department, Director General of Department of Crop Production, Director General of Department of Livestock Production, Director General of National Agro-Forestry-Fisheries Quality Assurance Department, Director General of Agro Processing and Market Development Authority, Director General of Authority of Radio Frequency Management, Director General of Vietnam Telecommunications Authority, Director General of Authority of Broadcasting and Electronic Information, Director General of Authority of Press, Director General of Agency of Publication, Print and Release, Director General of Drug Administration of Vietnam, Director General of Medical Examination and Treatment, Director General of Health Environment Management Agency, Director General of General Department of Preventive Medicine, Director General of Vietnam Food Administration and holders of equivalent titles assigned by the Government to carry out specialized inspections shall have the power to:

a) Issue warning;

b) Impose a fine up to the maximum fine prescribed herein;

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

d) Confiscate the exhibits and instrumentalities used for committing administrative violations;

dd) Impose the remedial measures prescribed herein.

4. Heads of provincial-level specialized inspection teams and heads of specialized inspection teams established by competent authorities assigned to perform specialized inspection tasks shall have the power to impose penalties as prescribed in Clause 2 of this Article.

5. Heads of specialized inspection teams established by Ministries shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 140.000.000 upon an individual and up to VND 280.000.000 upon an organization for committing one of the violations in Section 2 Chapter II hereof; a fine up to VND 70.000.000 upon an individual and up to VND 140.000.000 upon an organization for committing other violations prescribed herein;

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

d) Confiscate the exhibits and instrumentalities which have been used for committing administrative violations but are worth less than the fine specified in Point b of this Clause;

dd) Impose the remedial measures prescribed herein.

Article 88. Determination of power to impose penalties

1. Chairpersons of people’s committees of all levels shall have the power to impose administrative penalties and remedial measures against administrative violations specified herein and committed in their management areas within their competence prescribed in Article 81 hereof.

2. Authorized officers of market surveillance forces shall have the power to impose administrative penalties and remedial measures against administrative violations specified herein within their competence prescribed in Article 82 hereof and within the ambit of their assigned functions, duties and powers.

3. Authorized officers of people’s public security forces shall have the power to impose administrative penalties and remedial measures against administrative violations specified hereof within their competence prescribed in Article 83 hereof and within the ambit of their assigned functions, duties and powers.

4. Authorized officers of customs agencies shall have the power to impose administrative penalties and remedial measures against administrative violations specified in Section 8 Chapter II hereof and administrative violations involving export, import, temporary import, temporary export and merchant trading of goods prescribed in Article 8, 9, 11, 13, 15, 16, 17, 18, 20, 24, 26, 27, 34, 35, 70, 71 and 72 hereof within their competence prescribed in Article 84 hereof and within the ambit of their assigned functions, duties and powers.

5. Authorized officers of border guard forces shall have the power to impose administrative penalties and remedial measures against administrative violations specified in Section 2 Chapter II and Articles 15, 17, 36, 37, 40, 41, 42 and 72 hereof within their competence prescribed in Article 85 hereof and within the ambit of their assigned functions, duties and powers.

6. Authorized officers of Vietnam Coast Guard shall have the power to impose administrative penalties and remedial measures against administrative violations specified in Section 2 Chapter II and Articles 15, 17, 36, 37, 40, 41, 42 and 72 hereof within their competence prescribed in Article 86 hereof and within the ambit of their assigned functions, duties and powers.

7. Authorized officers of inspectorates shall have the power to impose administrative penalties and remedial measures against administrative violations specified herein within their competence prescribed in Article 87 hereof and within the ambit of their assigned functions, duties and powers.