Chapter IV
COMPETENCE IN HANDLING VIOLATIONS OF ADMINISTRATIVE REGULATIONS
Article 26.- The competence of the People's Committee of commune, ward and township in handling violations of administrative regulations
The President of the People's Committee of commune or ward or township (hereafter referred to as commune level) has the authority to order:
a) Warnings;
b) Fines of up to 200,000 VND;
c) Confiscation of tools and instruments which are employed in the violation of administrative regulations and which are valued up to 500,000 VND;
d) Forcible compensation for damages which are caused by the violation of administrative regulations and which are valued up to 500,000 VND;
e) Forcible restoration to the original state what has been changed by the violation of administrative regulations.
f) Forcible suspension of activities which cause environmental pollution or spread of epidemics or public disorder;
g) Destruction of products which are harmful to human health;
h) Education at the local commune or ward or township.
Article 27.- Competence of the People's Committee of district, provincial town and provincial city in handling violations of administrative regulations
The President of the People's Committee of district or provincial town or provincial city (hereafter referred to as district level) has the authority to order:
a) Warnings;
b) Fines of up to 10,000,000 VND;
c) Application of additional sanctions and measures stipulated in Items 2 and 3, Article 11, of this Ordinance; in cases which prescribe a revocation of the right to use permits issued by a State agency of a higher level, the President of the district People's Committee shall take decision to stop the acts of violation and propose the authorized State agency to revoke the permits.
Article 28.- Competence of the People's Committee of province or city directly under the Central Government in handling violations of administrative regulations
The President of the People's Committee of province or city directly under the Central Government (hereafter referred to as provincial level) has the authority to order:
a) Warnings;
b) Fines of up to 100,000,000 VND;
c) Sending the offender to an approved school;
d) Sending the offender to a reformatory institution;
e) Sending the offender to a health institution;
f) Placing the offender on administrative probation;
g) Application of additional sanctions and measures stipulated in Items 2 and 3, Article 11, of this Ordinance; in cases which prescribe a revocation of the right to use pemits issued by a State agency of a higher level, the President of the provincial People's Committee shall take decision to suspend the acts of violation and propose the authorized State agency to revoke the permits.
Article 29.- Competence of the police, immigration office and frontier guard in handling violations of administrative regulations
1. A soldier of the people's police and frontier guard who are on duty has the authority to order:
a) Warnings;
b) Fines of up to 100,000 VND;
2. The Chief of station or the Head of group of the authorized persons stipulated in Item 1 of this Article has the authority to order:
a) Warnings;
b) Fines of up to 200,000 VND;
c) Forcible compensation of up to 500,000 VND for damages which are caused by the violations of administrative regulations.
3) The Public Security Commander at ward level is authorized to apply measures for handling violations of administrative regulations stipulated in Article 26 of this Ordinance, except for decisions to place the offenders under education at local commune or ward or township.
4. The Public Security Commander at district level has the authority to order:
a) Warnings;
b) Fines of up to 2,000,000 VND;
c) Revocation of the right to use permits within his/her supervision, confiscation of tools and instruments which are employed in the violation of administrative regulations and application of measures provided for in Item 3, Article 11, of this Ordinance;
5) The Heads of the Police Service for administrative management of social order, traffic, fire prevention and combat, economic security, criminal offenses, immigration; the Heads of the Special Police Teams at central level; the Heads of Unattached Mobile Police Teams at company level or higher; the Heads of Border Security Stations; the Commanders of Border Sub-Regional Stations; the Heads of Border Naval Teams; and the Heads of Border Guard Stations have the authority to order:
a) Warnings;
b) Fines of up to 2,000,000 VND;
c) Revocation of the right to use permits in the fields under their jurisdiction, confiscation of tools and instruments which are employed in the violation of administrative regulations, and application of measures stipulated in Item 3, Article 11, of this Ordinance.
6) The Director of the provincial Public Security Service has the authority to order:
a) Warnings;
b) Fines of up to 20,000,000 VND;
c) Revocation of the right to use permits to operate transport means and to operate weapons and explosives, and other permits issued by the Public Security Service, confiscation of tools and instruments which are employed in the violation of administrative regulations and application of measures stipulated in Item 3, Article 11, of this Ordinance.
7. The Directors of the Police Departments for Economic Security, Fire Prevention and Combat, Criminal Offenses, Immigration, Traffic Order, Administrative Management of Social Order; the Commanders of Frontier Guards at provincial level have, within their respective jurisdiction, the authority to order:
a) Warnings;
b) Fines of up to 20,000,000 VND;
c) Revocation of the right to use permits under their jurisdiction; confiscation of tools and instruments which are employed in the violations of administrative regulations and application of measures stipulated in Item 3, Article 11, of this Ordinance.
Article 30.- Competence of the Customs Office in handling administrative regulations
1. The direct Chief of Customs Officers has the authority to order:
a) Warnings;
b) Fines of up to 200,000 VND;
2. The direct Chief of a provincial-level Customs Inspection Team and the Chief of a Frontier Customs Station have the authority to order:
a) Warnings;
b) Fines of up to 2,000,000 VND
c) Confiscation of tools and instruments which are employed in the violation of administrative regulations and which are valued up to 20,000,000 VND.
3. The Director of a provincial-level Customs Service has the jurisdiction to order:
a) Warnings;
b) Fines of up to 20,000,000 VND;
c) Revocation of the right to use permits within his/her jurisdiction, confiscation of tools and instruments which are employed in the violation of administrative regulations and destruction of products which are harmful to human health or culturally depraved.
Article 31.- Competence of the Ranger Service in handling violations of administrative regulations
1. A Ranger who is on duty has the authority to order:
a) Warnings;
b) Fines of up to 100,000 VND;
2. The Chief of a Ranger Station and the Chief of a Mobile Ranger Team have the authority to order:
a) Warnings;
b) Fines of up to 1,000,000 VND;
c) Confiscation of tools and instruments which are employed in the violation of administrative regulations and which are valued up to 10,000,000 VND.
3. The Chief of a Regional Ranger Station and the Chief of a Forest Product Inspection Team have the authority to order:
a) Warnings;
b) Fines of up to 2,000,000 VND;
c) Confiscation of tools and instruments which are employed in the violation of administrative regulations and which are valued up to 20,000,000 VND;
4. The Director of the provincial Ranger Service has the authority to order:
a) Warnings;
b) Fines of up to 5,000,000 VND;
c) Revocation of the right to use permits under his/her jurisdiction and confiscation of tools and instruments which are employed in the violation of administrative regulations.
5. The Director of the Ranger Department has the authority to order:
a) Warnings;
b) Fines of up to 20,000,000 VND;
c) Revocation of the right to use permits under his/her jurisdiction, confiscation of tools and instruments which are employed in the violation of administrative regulations and application of measures stipulated in Points (a), (b) and (c), Item 3, Article 11, of this Ordinance.
Article 32.- Competence of the Tax authority in handling violations of administrative regulations
Except for cases which carry sanctions otherwise provided for by law, the following persons have the authority to order sanctions:
1. The Tax Collector on duty has the right to order:
a) Warnings;
b) Fines of up to 100,000 VND;
2. The Chief of a Tax Station or Team has the right to order:
a) Warnings;
b) Fines of up to 200,000 VND;
3. The Director of a Regional Tax Station has the right to order:
a) Warnings;
b) Fines of up to 2,000,000 VND;
c) Confiscation of tools and instruments which are employed in the violation of administrative regulations and which are valued up to 10,000,000 VND.
4. The Director of the Tax Department has the right to order:
a) Warnings;
b) Fines of up to 20,000,000 VND;
c) Confiscation of tools and instruments which are employed in the violation of administrative regulations.
Article 33.- Competence of the Market-Management Service in handling violations of administrative regulations
1. The Controller on duty has the right to order:
a) Warnings;
b) Fines of up to 200,000 VND;
2. The Chief of a Market-Management Team has the right to order:
a) Warnings;
b) Fines of up to 1,000,000 VND;
c) Confiscation of tools and instruments which are employed in the violation of administrative regulations and which are valued up to 20,000,000 VND, and destruction of products which are harmful to human health or culturally depraved.
3. The Chief of a Regional Market-Management Station has the right to order:
a) Warnings;
b) Fines of up to 10,000,000 VND;
c) Revocation of the right to use permits; confiscation of tools and instruments which are employed in the violation of administrative regulations and destruction of products which are harmful to human health or culturally depraved.
4. The Director of the Market-Management Department has the right to order:
a/ Warnings;
b/ Fines of up to 20,000,000 VND;
c/ Revocation of the right to use permits; confiscation of tools and instruments which are employed in the violation of administrative regulations and destruction of products which are harmful to human health or culturally depraved.
Article 34.- Competence of the Specialized Inspection body in handling violations of administrative regulations
1. The Specialized Inspector on duty has the right to order:
a) Warnings;
b) Fines of up to 200,000 VND;
c) Confiscation of tools and instruments which are employed in the violations of administrative regulations and which are valued up to 500,000 VND, and application of measures stipulated in Points (a), (b) and (d), Item 3, Article 11, of this Ordinance.
2. The Chief Specialized Inspector and the Head of an agency which performs the function of State specialized inspection at the provincial level have the right to order:
a) Warnings;
b) Fines of up to 10,000,000 VND;
c) Revocation of the right to use permits under their jurisdiction; application of other measures as stipulated in Items 2 and 3, Article 11, of this Ordinance.
3. The Chief Specialized Inspector and the Head of an agency which performs the function of specialized inspection at ministerial level have the right to order:
a) Warnings;
b) Fines of up to 20,000,000 VND;
c) Revocation of the right to use permits under their jurisdiction; application of additional sanctions and other measures as stipulated in Items 2 and 3, Article 11, of this Ordinance.
Article 35.- Competence of the People's Court and Agency for Execution of Civil Verdicts in handling violations of administrative regulations
1. The Judge who chairs a trial has the right to order:
a) Warnings;
b) Fines of up to 100,000 VND.
2. The Enforcing Official of a Civil Verdict on duty has the right to order:
a) Warnings;
b) Fines of up to 100,000 VND;
3. The Chief of an Enforcing Team of a Civil Verdict, the Chief of a Bureau for Execution of Civil Verdicts, the Chief of a Bureau for Execution of Verdicts of Military Zone or equivalent levels, have the right to order:
a) Warnings;
b) Fines of up to 500,000 VND.
Article 36.- The mandating of competence in handling violations of administrative regulations
In the absence of, or with the mandate given by the authorized persons stipulated in Articles 26, 27 and 28, Items 3, 4, 5, 6 and 7 of Article 29, Items 2 and 3 of Article 30, Items 2, 3, 4 and 5 of Article 31, Items 2, 3 and 4 of Article 32, Items 2, 3 and 4 of Article 33, Items 2 and 3 of Article 34, and Item 3 of Article 35, of this Ordinance, his/her subordinate has the authority to handle the violations on the same level of his/her jurisdiction.
Article 37.- The principles for defining the competence in handling violations of administrative regulations
1. The People's Committees at all levels have the authority to handle violations of administrative regulations in the field of State management in their localities.
2. The specialized State-management body has the right to handle violations of administrative regulations in the field of its specialized branch.
3. In case the violation falls within the jurisdiction of different agencies, the handling shall be conducted by the agency that is the first to handle the case.
Tìm kiếm
Pháp lệnh xử lý vi phạm hành chính năm 1995 (Bản Word)