Chapter II
THE FORMS OF SANCTION AGAINST VIOLATION OF ADMINISTRATIVE REGULATIONS
Article 11.- The forms of sanction against violation of administrative regulations
1. For each and every his/her/its violation of administrative regulations, an individual or organization shall be subjected to one of the following forms of sanction:
a)Warning;
b) Fine.
2. Depending on the characteristics and the extent of his/her/its violation, the individual or organization may be subjected to one or more complementary sanctions in the following forms:
a) Revocation of the right to use his/her/its permit;
b) Confiscation of materials and instruments which are used in the act of violation of administrative regulations.
3. Apart from the forms of sanction provided for in Items 1 and 2 of this Article, the offending individual or organization may be subjected to one or more of the following measures:
a) Forcible restoration of the original state which has been changed by the violation of administrative regulations or forcible dismantling of architectural projects which were built without authorization;
b) Forcible implementation of measures to redress the pollution of the living environment or the spread of diseases or epidemics caused by the violation of administrative regulations;
c) Forcible compensation of up to 1,000,000 VND for damages caused by the violation of administrative regulations;
d) Forcible destruction of products which are harmful to human health or which are culturally depraved.
4. The application of sanctions for each violation of administrative regulations is specified in the legal documents on sanctions against administrative regulations.
Article 12.- Warning
Warning is applied to individuals and organizations that commit minor and first-time violations with extenuating factors. It is defined in specific documents or other forms provided for in legal documents concerning administrative sanctions.
Article 13.- Fine
1. A fine from 5,000 VND to 200,000 VND shall be applied to minor administrative violations which have caused no or minor property damages.
2. A fine from over 200,000 VND to 20,000,000 VND shall be applied to administrative violations which are not stipulated in Items 1 and 3 of this Article.
3. A fine from over 20,000,000 to 100,000,000 VND shall be applied to administrative violations which carry numerous aggravating factors concerning national security, social order and safety, economy, finance, environment, houses, land, dyke, construction, culture, information, maritime transport, aviation, research, prospecting and exploitation of oil, natural gas and other natural resources; and other fields stipulated by the Government.
Article 14.- Revocation of the right to use permits
The definite or indefinite revocation of the right to use permits shall be applied to individuals or organizations that have committed serious violations of principles on the use of permits. During the revocation of their rights to use permits, the individuals and organizations must not conduct any of the activities described in their permits.
The jurisdiction and effective time for revocation of the right to use permits shall be provided for by the Government.
Article 15.- Confiscation of materials and instruments used in the violation of administrative regulations
The confiscation of materials and instruments used in the violation of administrative regulations is the transfer to State property of the materials, money, commodity and instruments which are directly related to the acts of violation of administrative regulations.
The materials, money and instruments which are usurped by the offending individuals or organizations shall not be confiscated but returned to their owners or legal managers.
Article 16.- Forcible restoration of the original state which has been changed by the violations of administrative regulations or forcible dismantlement of unauthorized construction projects
The offending individuals and organizations must retore to the original state what has been changed by their acts of violation of administrative regulations, or must dismantle their unauthorized construction projects; if the offending individuals and organizations are not willing to undertake this obligation, the authorized personnel in administrative sanctions shall apply compulsory measures to force their compliance. All expenses for the application of compulsory measures shall be borne by the offending individuals and organizations.
Article 17.- Forcible compensation for damages caused by the violations of administrative regulations
The compensation for damages caused by the violations of administrative regulations is conducted on the basis of the agreement among the concerned parties.
As regards damages of up to 1,000,000 VND which cannot be settled among the concerned parties, the authorized personnel shall decide the levels of compensation; the damages of more than 1,000,000 VND shall be settled according to the civil proceedings procedure.
Article 18.- Forcible implementation of measures to overcome the pollution of the living environment and the spread of epidemics caused by the violations of administrative regulations
The individuals and organizations, whose acts of violation of administrative regulations cause pollution to the living environment, spread epidemics or cause disorders and disturbances, must stop those acts immediately and take measures to redress the damages; if the individuals and organizations are not willing to do so, the authorized personnel shall take compulsory measures to force the compliance. All expenses for the compulsory measures shall be borne by the offending individuals and organizations.
Article 19.- Destruction of objects which are harmful to human health and depraved cultural products.
The objects which are harmful to human health and culturally depraved and which are evidences of violations of administrative regulations, must be destroyed.
Tìm kiếm
Pháp lệnh xử lý vi phạm hành chính năm 1995 (Bản Word)