Chapter II
FORMS OF SANCTIONING ADMINISTRATIVE VIOLATIONS AND MEASURES TO OVERCOME CONSEQUENCES
Article 12.- Forms of sanctioning administrative violations and measures to overcome consequences
1. For each act of administrative violation, the violating individuals or organizations must be subject to one of the following principal sanctioning forms:
a) Warning;
b) Fines.
2. Depending on the nature and seriousness of their violations, individuals and/or organizations that commit administrative violations may also be subject to the application of one or both of the following additional sanctioning forms:
a) Stripping off the right to use permits, professional practice certificates;
b) Confiscating material evidences and/or means used to commit administrative violations.
3. Apart from the sanctioning forms prescribed in Clauses 1 and 2 of this Article, the violating individuals and organizations may also be subject to the application of one or many of the following consequence-overcoming measures:
a) Forcible restoration of the initial state altered due to the administrative violations or forcible dismantling of illegally constructed works;
b) Forcible application of measures to overcome the environmental pollution, epidemic spreads, caused by the administrative violations;
c) Forcible bringing out of the Vietnamese territory or forcible re-export of goods, articles and means;
d) Forcible destruction of articles which cause harms to human health, domestic animals and cultivated plants, and harmful cultural products;
e) Other measures prescribed by the Government.
4. Foreigners who commit administrative violations may also be sanctioned with expulsion. The expulsion shall be applied as a principal sanctioning form or an additional sanctioning form depending on each specific case.
Article 13.- Warning
Warning shall be applied to individuals and organizations that commit minor administrative violations for the first time with extenuating circumstances or to acts of administrative violation committed by minors aged between full 14 and under 16. Warning shall be decided in writing.
Article 14.- Fines
1. The fine levels in sanctioning administrative violations range from VND 5,000 to VND 500,000,000.
2. Depending on the nature and seriousness of violations, the maximum fine levels in the field of State management are prescribed as follows:
a) A fine of up to VND 20,000,000 shall apply to acts of administrative violation in the fields of social order and safety; traffic works management and protection; irrigation works management and protection; labor; measurement and goods quality; accounting; statistics; justice; social insurance;
b) A fine of up to VND 30,000,000 shall apply to acts of administrative violation in the fields of land road and waterway traffic order and safety; culture and information; tourism; social 0evils prevention and combat; land; dykes and flood as well as storm prevention and fighting; health; pricing; electricity; plant protection and quarantine; aquatic resource protection; veterinary; forest and forest product management and protection; defense; security;
c) A fine of up to VND 70,000,000 shall apply to acts of administrative violation in the fields of trade; customs; environmental protection; radiation safety and control; railways traffic order and safety; construction; post, telecommunications and radio frequencies; securities; banking; technology transfer;
d) A fine of up to VND 100,000,000 shall apply to acts of administrative violation in the fields of minerals; intellectual property; maritime; civil aviation; taxation (except otherwise provided for by tax laws);
e) A fine of up to VND 500,000,000 shall apply to acts of infringing upon the territorial waters, the territorial waters adjacent areas, the exclusive economic zones and the continental shelf of the Socialist Republic of Vietnam with a view to studying, exploring and/or exploiting marine resources, petroleum and/or other natural resources.
3. For acts of administrative violation in the State management fields not yet prescribed in Clause 2 of this Article, the Government shall stipulate the fine levels which, however, shall not exceed VND 100,000,000.
Article 15.- Expulsion
Expulsion means compelling foreigners who have committed acts of violating Vietnamese law to leave the territory of the Socialist Republic of Vietnam.
The Government shall prescribe the expulsion procedures.
Article 16.- Deprivation of the right to use licenses, professional practice certificates
The definite or indefinite deprivation of the right to use licenses or professional practice certificates shall apply to individuals and organizations that have seriously violated the provisions on the use of licenses and/or professional practice certificates. While being deprived of the right to use licenses and/or professional practice certificates, individuals and organizations must not carry out activities prescribed in the licenses or professional practice certificates.
Article 17.- Confiscation of material evidences and means used for commission of administrative violations
1. Confiscating material evidences and means used to commit administrative violations means the requisition of things, money, goods and/or means directly involved in the administrative violations into the State fund.
2. Not confiscating material evidences and/or means which have been appropriated or used illegally but returning them to their lawful owners, managers or users.
Article 18.- Forcible restoration of the initial state altered due to administrative violations or forcible dismantlement of illegally constructed works.
Individuals and organizations must restore the initial state altered due to their administrative violations or must dismantle works they have constructed illegally; if violating individuals and/or organizations fail to do so voluntarily, coercive measures shall be applied. The violating individuals and/or organizations shall bear all expenses for the application of coercive measures.
Article 19.- Forcible overcoming of environmental pollution or epidemic spread due to administrative violations
Individuals and organizations committing administrative violations must immediately stop their violation acts which cause environmental pollution or epidemic spread and have to apply remedial measures; if violating individuals and/or organizations fail to do so voluntarily, coercive measures shall be applied. They shall have to bear all expenses for the application of the coercive measures.
Article 20.- Forcible bringing out of Vietnamese territory or forcible re-export of goods, articles, means
Goods, articles and/or means which are introduced into Vietnamese territory or imported in contravention of law provisions or goods temporarily imported for re-export but not re-exported under the provisions of law shall be forcibly taken out of Vietnamese territory or re-exported. The violating individuals and organizations must bear all expenses for the application of these measures.
Article 21.- Forcible destruction of articles which cause harms to human health, domestic animals and cultivated plants, and harmful cultural products
Articles which cause harms to human health, domestic animals and cultivated plants, and harmful cultural products, which are material evidences of administrative violations must be destroyed. If violating individuals and/or organizations fail to do so voluntarily, coercive measures shall be applied. The violating individuals and/or organizations must bear all expenses for the application of coercive measures.
Tìm kiếm
Pháp lệnh 44/2002/PL-UBTVQH10 (Bản Word)