Chương 4 Pháp lệnh 44/2002/PL-UBTVQH10: Thẩm quyền xử lý vi phạm hành chính

Chapter IV

COMPETENCE TO HANDLE ADMINISTRATIVE VIOLATIONS

Article 28.- The commune-level People’s Committee presidents competence to handle administrative violations

The commune-level People’s Committee presidents shall have the right to:

1. Impose warning;

2. Impose fines of up to VND 500,000;

3. Confiscate material evidences and/or means used for administrative violations, with value of up to VND 500,000;

4. Compel the restoration of initial state altered due to administrative violations;

5. Compel the application of measure of overcoming the environmental pollution or epidemic spread, caused by the administrative violations;

6. Compel the destruction of articles which cause harms to human health, domestic animals and cultivated plants; and harmful cultural products;

7. Decide on the application of measure of education at communes, wards or district towns.

Article 29.- The district-level People’s Committee presidents competence to handle administrative violations

The district-level People’s Committee presidents shall have the right to:

1. Impose warning;

2. Impose fines of up to VND 20,000,000;

3. Strip off the right to use licenses, professional practice certificates under their jurisdiction;

4. Confiscate material evidences and/or means used for administrative violations;

5. Apply consequence-overcoming measures prescribed at Points a, b and d, Clause 3, Article 12 of this Ordinance;

6. Decide to apply measure of sending to reformatories;

7. Decide to apply measure of sending to medical treatment establishments.

Article 30.- The provincial-level People’s Committee presidents competence to handle administrative violations

The provincial-level People’s Committee presidents shall have the right to:

1. Impose warning;

2. Impose fines of up to the maximum level for fields prescribed in Clauses 2 and 3 of Article 14 of this Ordinance;

3. Strip off the right to use licenses, professional practice certificates under their jurisdiction;

4. Confiscate material evidences and/or means used for administrative violations;

5. Apply consequence-overcoming measures prescribed in Clause 3, Article 12 of this Ordinance;

6. Decide to apply measure of sending to education establishments;

7. Decide to apply administrative probation measure.

Article 31.- People’s Police’s competence to handle administrative violations

1. People’s Police officers being on official duty shall have the right to:

a) Impose warning;

b) Impose fines of up to VND 100,000.

2. The station heads and team heads of the persons defined in Clause 1 of this Article shall have the right to:

a) Impose warning;

b) Impose fines of up to VND 200,000.

3. The commune-level police chiefs may apply the administrative violation- handling measures prescribed in Article 28 of this Ordinance, except measure of education at communes, wards or district towns.

4. The district-level police chiefs shall have the right to:

a) Impose warning;

b) Impose fines of up to VND 10,000,000;

c) Strip off the right to use licenses, professional practice certificates under their jurisdiction;

d) Confiscate material evidences and/or means used for administrative violations;

e) Apply the consequence-overcoming measures prescribed at Points a, b and d of Clause 3, Article 12 of this Ordinance.

5. Heads of the Police Bureaus for Administrative Management of Social Order, heads of Traffic Police Bureaus, heads of the Fire-Fighting Police Bureaus, heads of the Economic Police Bureaus, heads of the Criminal Police Bureaus, heads of Police Bureaus for Prevention and Combat of Drug- Related Crimes, heads of the Exit and Entry Management Bureaus, heads of the Mobile Police units of the company or higher level operating independently, heads of the Police Stations at border gates or export-processing zones, shall have the right to:

a) Impose warning;

b) Impose fines of up to VND 10,000,000;

c) Strip off the right to use licenses, professional practice certificates under their jurisdiction;

d) Confiscate material evidences and/or means used for administrative violations;

e) Apply the consequence-overcoming measures prescribed at Points a, b and d, Clause 3, Article 12 of this Ordinance.

6. The directors of the provincial-level Police Departments shall have the right to:

a) Impose warning;

b) Impose fines of up to VND 20,000,000;

c) Strip off the right to use licenses, professional practice certificates under their jurisdiction;

d) Confiscate material evidences and/or means used for administrative violations;

e) Apply the consequence-overcoming measures prescribed at Points a, b and d, Clause 3, Article 12 of this Ordinance.

7. The director of the Police Department for Administrative Management of Social Order, the director of the Traffic Police Department, the director of the Fire-Fighting Police Department, the director of the Economic Police Department, the director of the Criminal Police Department, the director of Police Department for Prevention and Combat of Drug-Related Crimes, the director of the Exit and Entry Management Department, shall have the right to:

a) Impose warning;

b) Impose fines of up to the maximum levels in the fields under their respective management as prescribed at Points a, b, c and d of Clause 2 and Clause 3 of Article 14 of this Ordinance;

c) Strip off the right to use licenses, professional practice certificates under their jurisdiction;

d) Confiscate material evidences and means used for administrative violations;

e) Apply the consequence-overcoming measures prescribed at Point a, b and d, Clause 3, Article 12 of this Ordinance.

8. The Minister of Public Security shall decide on the application of the sanctioning form of expulsion.

Article 32.- Border guards competence to handle administrative violations

1. Border guard combatants being on official duties have the right to:

a) Impose warning;

b) Impose fines of up to VND 100,000.

2. The team leaders of the persons prescribed in Clause 1 of this Article have the right to:

a) Impose warning;

b) Impose fines of up to VND 200,000.

3. Border post chiefs, border flotilla commanders and border sub-region commanders shall have the right to:

a) Impose warning;

b) Impose fines of up to VND 10,000,000;

c) Confiscate material evidences and/or means used for administrative violations;

d) Apply the consequence-overcoming measures prescribed at Points a, b and d, Clause 3, Article 12 of this Ordinance.

4. The provincial-level border guard commanders, the commanders of the border guard fleets under the Border Guard Command shall have the right to:

a) Impose warning;

b) Impose fines of up to the maximum level for the fields under their respective management, as prescribed at Points a, b, c and d of Clause 2 and Clause 3 of Article 14 of this Ordinance;

c) Confiscate material evidences and/or means used for administrative violations;

d) Apply the consequence-overcoming measures prescribed at Points a, b and d, Clause 3, Article 12 of this Ordinance.

Article 33.- Coast Guard’s competence to handle administrative violations

1. Policemen of the Coast Guard operation teams, being on official duties, shall have the right to:

a) Impose warning;

b) Impose fines of up to VND 200,000.

2. Heads of the operation units of the Coast Guard shall have the right to:

a) Impose warning;

b) Impose fines of up to VND 500,000.

3. Heads of the operation teams of the Coast Guard shall have the right to:

a) Impose warning;

b) Impose fines of up to VND 2,000,000.

4. The Coast Guard flotilla captains shall have the right to:

a) Impose warning;

b) Impose fines of up to VND 5,000,000;

c) Apply the consequence-overcoming measures prescribed at Points a, b and d, Clause 3, Article 12 of this Ordinance.

5. The Coast Guard fleet commanders shall have the right to:

a) Impose warning;

b) Impose fines of up to VND 10,000,000;

c) Confiscate material evidences and means used for administrative violations;

d) Apply the consequence-overcoming measures prescribed at Points a, b and d, Clause 3, Article 12 of this Ordinance.

6. The Coast Guard region commanders shall have the right to:

a) Impose warning;

b) Impose fines of up to VND 20,000,000;

c) Confiscate material evidences and means used for administrative violations;

d) Apply the consequence-overcoming measures prescribed at Points a, b and d, Clause 3, Article 12 of this Ordinance.

7. The director of the Coast Guard Department shall have the right to:

a) Impose warning;

b) Impose fines of up to the maximum levels for the fields under his/her respective management, as prescribed at Clauses 2 and 3, Article 14 of this Ordinance;

c) Strip off the right to use licenses, professional practice certificates under their jurisdiction;

d) Confiscate material evidences and means used for administrative violations;

e) Apply the consequence-overcoming measures prescribed at Points a, b and d, Clause 3, Article 12 of this Ordinance.

Article 34.- The Customs competence to handle administrative violations

1. The Operation Team leaders under the Customs Sub-Departments shall have the right to:

a) Impose warning;

b) Impose fines of up to VND 500,000.

2. The Customs Sub-Department heads, leaders of the Inspection Teams of the provincial, inter-provincial, municipal Customs Departments (hereinafter referred collectively to as the Customs Departments), the Anti-Smuggling Inspection Team leaders and commanders of the Sea Control Flotillas under the Anti-Smuggle Investigation Department of the General Department of Customs shall have the right to:

a) Impose warning;

b) Impose fines of up to VND 10,000,000;

c) Confiscate material evidences and/or means used for administrative violations, with the value of up to VND 20,000,000.

3. The Customs Department directors shall have the right to:

a) Impose warning;

b) Impose fines of up to VND 20,000,000;

c) Strip off the right to use licenses under their jurisdiction;

d) Confiscate material evidences and/or means used for administrative violations;

e) Apply the consequence-overcoming measures prescribed at Points c and d, Clause 3, Article 12 of this Ordinance.

4. The director of the Anti-Smuggling Investigation Department of the General Department of Customs shall have the right to:

a) Impose warning;

b) Impose fines of up to the maximum levels for customs and taxation fields, as prescribed at Points c and d, Clause 2, Article 14 of this Ordinance;

c) Strip off the right to use licenses under their jurisdiction;

d) Confiscate material evidences and/or means used for administrative violations;

e) Apply the consequence-overcoming measures prescribed at Points c and d, Clause 3, Article 12 of this Ordinance.

Article 35.- The Ranger s competence to handle administrative violations

1. Ranger officers being on official duties shall have the right to:

a) Impose warning;

b) Impose fines of up to VND 100,000.

2. Ranger Station chiefs shall have the right to:

a) Impose warning;

b) Impose fines of up to VND 2,000,000;

c) Confiscate material evidences and/or means used for administrative violations, with the value of up to VND 10,000,000.

3. The heads of the Ranger units, the directors of the Forest Products Re-Inspection Sub-Departments and leaders of the Mobile Ranger teams shall have the right to:

a) Impose warning;

b) Impose fines of up to VND 10,000,000;

c) Confiscate of material evidences and/or means used for administrative violations, with value of up to VND 20,000,000;

d) Compel the restoration of the initial state altered due to the administrative violations.

4. Directors of the Ranger Sub-Departments shall have the right to:

a) Impose warning;

b) Impose fines of up to VND 20,000,000;

c) Strip off the right to use licenses, professional practice certificates under their jurisdiction;

d) Confiscate material evidences and/or means used for administrative violations;

e) Apply the consequence-overcoming measures prescribed at Points a, b and d, Clause 3, Article 12 of this Ordinance.

5. The director of the Ranger Department shall have the right to:

a) Impose warning;

b) Impose fines of up to the maximum levels in the field of forest and forest product management and protection prescribed at Point b, Clause 2, Article 14 of this Ordinance;

c) Strip off the right to use licenses, professional practice certificates under his/her jurisdiction;

d) Confiscate material evidences and/or means used for administrative violations;

e) Apply the consequence-overcoming measures prescribed at Points a, b and d, Clause 3, Article 12 of this Ordinance.

Article 36.- Tax Offices competence to handle administrative violations

Except when the fine levels are otherwise prescribed by law, the following persons shall have the rights:

1. Tax officials performing public duties shall have the right to:

a) Impose warning;

b) Impose fines of up to VND 100,000.

2. The Tax Station chiefs and the Tax Team leaders shall have the right to:

a) Impose warning;

b) Impose fines of up to VND 2,000,000.

3. The Tax Sub-Department heads shall have the right to:

a) Impose warning;

b) Impose fines of up to VND 10,000,000;

c) Confiscate material evidences and/or means used for administrative violations.

4. The Tax Department directors shall have the right to:

a) Impose warning;

b) Impose fines of up to the maximum levels for the taxation field prescribed at Point d, Clause 2, Article 14 of this Ordinance;

c) Confiscate material evidences and/or means used for administrative violations.

Article 37.- The Market Management Force’s competence to handle administrative violations

1. The market controllers being on official duties shall have the right to:

a) Impose warning;

b) Impose fines of up to VND 200,000.

2. The Market Management Team leaders shall have the right to:

a) Impose warning;

b) Impose fines of up to VND 5,000,000;

c) Confiscate material evidences and/or means used for administrative violations, with the value of up to VND 30,000,000;

d) Compel the destruction of articles causing harms to human health, domestic animals and cultivated plants, harmful cultural products.

3. The Market Management Sub-Department heads shall have the right to:

a) Impose warning;

b) Impose fines of up to VND 20,000,000;

c) Strip off the right to use licenses, professional practice certificates under their jurisdiction;

d) Confiscate material evidences and/or means used for administrative violations;

e) Compel the destruction of articles which cause harms to human health, domestic animals and cultivated plants, harmful cultural products.

4. The director of the Market Management Department shall have the right to:

a) Impose warning;

b) Impose fines of up to the maximum levels in the trade field, prescribed at Point c, Clause 2, Article 14 of this Ordinance;

c) Strip off the right to use licenses, professional practice certificates under his/her jurisdiction;

d) Confiscate material evidences and/or means used for administrative violations;

e) Compel the destruction of articles which cause harms to human health, domestic animals and cultivated plants, harmful cultural products.

Article 38.- Specialized Inspectorates competence to handle administrative violations

1. The specialized inspectors being on official duty shall have the right to:

a) Impose warning;

b) Impose fines of up to VND 200,000;

c) Confiscate material evidences and/or means used for administrative violations, with the value of up to VND 2,000,000;

d) Apply the consequence-overcoming measures prescribed at Points a, b and d, Clause 3, Article 12 of this Ordinance.

2. Specialized chief inspectors of the provincial-level Services shall have the right to:

a) Impose warning;

b) Impose fines of up to VND 20,000,000;

c) Strip off the right to use licenses, professional practice certificates under their jurisdiction;

d) Confiscate material evidences and/or means used for administrative violations;

e) Apply the consequence-overcoming measures prescribed at Points a, b and d, Clause 3, Article 12 of this Ordinance.

3. The specialized chief inspectors of the ministries, the ministerial-level agencies or the agencies attached to the Government shall have the right to:

a) Impose warning;

b) Impose fines of up to the maximum levels for the fields under their respective management, as prescribed at Points a, b, c and d, Clause 2 and Clause 3, Article 14 of this Ordinance;

c) Strip off the right to use licenses, professional practice certificates under their jurisdiction;

d) Confiscate material evidences and/or means used for administrative violations;

e) Apply the consequence-overcoming measures prescribed at Points a, b and d, Clause 3, Article 12 of this Ordinance.

Article 39.- The competence of the directors of the Maritime Port Authorities, the directors of the Inland River Port Authorities, the directors of the Airport Authorities to handle administrative violations

The directors of the Maritime Port Authorities, the directors of the Inland River Port Authorities and the directors of the Airport Authorities shall have the right to:

1. Impose warning;

2. Impose fines of up to VND 10,000,000;

3. Strip off the right to use licenses, professional practice certificates under their jurisdiction;

4. Confiscate material evidences and/or means used for administrative violations;

5. Apply the consequence-overcoming measures prescribed at Points a, b and d, Clause 3, Article 12 of this Ordinance.

Article 40.- The competence of the People’s Courts and civil judgment-executing bodies to handle administrative violations

1. The judges chairing the court sessions shall have the right to:

a) Impose warning;

b) Impose fines of up to VND 1,000,000.

2. The civil judgment executors being on official duty shall have the right to:

a) Impose warning;

b) Impose fines of up to VND 200,000.

3. Civil judgment-executing team leaders shall have the right to:

a) Impose warning;

b) Impose fines of up to VND 500,000.

4. The heads of the provincial-level civil judgment- executing bureaus and the heads of the judgment executing bureaus of the military zone or equivalent level shall have the right to:

a) Impose warning;

b) Impose fines of up to VND 1,000,000.

Article 41.- Authorization to handle administrative violations

In cases where the persons competent to handle administrative violations, defined in Articles 28, 29 and 30, Clauses 2, 3, 4, 5, 6 and 7 of Article 31, Clauses 2, 3 and 4 of Article 32, Clause 3, 4, 5, 6 and 7 of Article 33, Article 34, Clauses 2, 3, 4 and 5 of Article 35, Clauses 2, 3 and 4 of Article 36, Clause 2, 3 and 4 of Article 37, Clauses 2 and 3 of Article 38, Article 39, Clauses 3 and 4 of Article 40, of this Ordinance are absent, their authorized deputies shall have competence to handle administrative violations and be accountable for their decisions.

Article 42.- Principles for determining the competence to handle administrative violations

1. The presidents of the People Committees of all levels are competent to sanction administrative violations in the field of State management in their respective localities.

Persons competent to sanction administrative violations, defined in Articles 31 thru 40 of this Ordinance, shall be competent to sanction administrative violations in the fields and branches under their respective management.

Where an administrative violation falls under the sanctioning competence of many persons, the sanction shall be effected by the person who receives and processes the case first.

2. The sanctioning competence of the persons defined in Articles 28 thru 40 of this Ordinance is the competence applicable to an act of administrative violation. In case of fine, the sanctioning competence shall be determined on the basis of the maximum level of the fine table prescribed for each specific act of violation.

3. Where a person is sanctioned for many acts of administrative violation, the sanctioning competence shall be determined on the following principles:

a) If the sanctioning form and level prescribed for each act are under the competence of the sanctioning person, the sanctioning competence also belongs to such person;

b) If the sanctioning form and level prescribed for one of the acts are beyond the competence of the sanctioning person, he/she shall have to transfer the case of violation to the authority with sanctioning competence;

c) If acts fall within the sanctioning competence of many persons in different branches, the sanctioning competence shall belong to the People’s Committee presidents with sanctioning competence in the localities where the violations are committed.