THE GOVERNMENT
OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 106/2025/ND-CP
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Hanoi, May 15, 2025
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DECREE
ADMINISTRATIVE PENALTIES FOR VIOLATIONS AGAINST REGULATIONS
ON FIRE PREVENTION AND FIREFIGHTING AND RESCUE
Pursuant to the Law on
Government Organization dated February 18, 2025;
Pursuant to the Law on
Handling of Administrative Violations of Vietnam dated June 20, 2012; the Law
dated November 13, 2020 on Amendments to the Law on Handling of Administrative
Violations;
Pursuant to the Law on
Fire and Rescue dated November 29, 2024;
At the request of the
Minister of Public Security of Vietnam;
The Government
promulgates a Decree on administrative penalties for violations against
regulations on fire prevention and firefighting and rescue.
Chapter
I
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Article
1. Scope
1. This Decree provides
for administrative penalties for violations against regulations on fire
prevention and firefighting and rescue, including administrative violations,
penalties, fines, remedial measures imposed against administrative violations,
persons having the power to issue violation records, impose penalties and
specific fines.
2. Other Decrees on administrative
penalties for violations against regulations on fire prevention and
firefighting and rescue shall apply to other administrative violations that are
related to fire prevention and firefighting and rescue that are not provided
for in this Decree.
3. Imposition of
administrative penalties for violations against regulations on forest fire
prevention and fighting shall comply with regulations in the Decree on
penalties for administrative violations against regulations on forestry.
Regulations in this Decree shall apply to administrative violations against
regulations on forest fire prevention and fighting that are not provided for in
the Decree on penalties for administrative violations against regulations on
forestry.
Article
2. Regulated entities
1. Vietnamese
organizations and individuals, foreign organizations and individuals that
commit administrative violations against regulations on fire prevention and
firefighting and rescue within the territory, inland waterways, territorial
sea, contiguous zones, exclusive economic zones and continental shelves of the
Socialist Republic of Vietnam; on airplanes with Vietnamese nationality and
ships with Vietnamese flags, unless otherwise prescribed by international
treaties to which the Socialist Republic of Vietnam is a signatory.
2. Organizations
specified in clause 1 of this Article include:
a) Business organizations
established under the Law on Enterprises, including sole proprietorships,
joint-stock companies, limited liability companies, partnerships and their
affiliates;
b) Business organizations
established under the Law on Co-operatives, including co-operatives,
co-operative unions, artels and their affiliates;
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d) Organizations
established under the Commercial Law;
dd) Political
organizations, social organizations, socio-political organizations,
social-professional organizations;
e) State authorities;
g) Public service
providers;
h) Apartment building
management boards that operate according to regulations on apartment building
management boards and have juridical personality;
i) Organizations assigned
to oversee establishments in accordance with regulations of the Law on Fire and
Rescue;
k) Other organizations
established under regulations of law.
3. Persons having the
power to issue violation records and impose penalties and organizations and
individuals related to imposition of penalties for administrative violations
against regulations on fire prevention and firefighting and rescue according to
regulations in this Decree.
Article
3. Administrative penalties and remedial measures
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a) Warnings;
b) Fines.
2. Additional
administrative penalties for violations against regulations on fire prevention
and firefighting and rescue include:
a) Suspension of operation;
b) Confiscation of
exhibits or means used for commission of the administrative violations
(hereinafter referred to as "exhibits and means of administrative
violations");
c) Suspension of the
license that is a written appraisal for fire prevention and firefighting design
or written approval of fire prevention and firefighting commissioning results
for a fixed period of 06-12 months.
3. Remedial measures
imposed on violations against regulations on fire prevention and firefighting
and rescue include:
a) Remedial measures
specified in point a clause 1 Article 28 of the Law on Handling of
Administrative Violations;
b) Other measures
specified in this Decree.
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a) The competent person
shall issue a decision; the violator shall return the falsified license in
accordance with clauses 1, 2, 3 and 4 Article 85 of the Law on Handling of
Administrative Violations;
b) The decision issuer
mentioned in point a of this clause shall send a written notification to the issuer
of the license.
5. An authority/person
having power to impose a penalty shall suspend the electronic license
previously issued for a violation against regulations on fire prevention and
firefighting and rescue according to regulations in clause 6 Article 15 of this
Decree. The suspension of the written appraisal for fire prevention and
firefighting design or written approval of fire prevention and firefighting
commissioning results shall be updated to the fire prevention and firefighting
and rescue database established and managed by the Ministry of Public Security
and another electronic information application according to regulations.
Article
4. Fines for violations against regulations on fire prevention and firefighting
and rescue
1. The maximum fine for a
fire prevention and firefighting and rescue-related violation shall be
50.000.000 VND if imposed upon an individual. The fine imposed upon an
organization for the same violation shall be twice the fine imposed upon an
individual.
2. The fines specified in
Chapter II of this Decree are imposed upon administrative violations committed
by individuals.
3. Penalties incurred by
households, household businesses and residential communities committing
violations against regulations herein shall be the same as those incurred by
violating individuals.
Article
5. Prescriptive period
1. Prescriptive period
for imposition of administrative penalties for violations against regulations
on fire prevention and firefighting and rescue is 01 year.
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Where after the
above-mentioned deadline, persons having the power to impose administrative
penalties for violations do not issue decisions to impose penalties within
their jurisdiction, the results collected by professional technical equipment
and devices shall be no longer valid for use.
3. Determination of
prescriptive period:
a) If the administrative
violation has ended, the prescriptive period begins when the violation ends;
b) Regarding an ongoing
administrative violation, the prescriptive period begins when it is discovered;
c) Regarding a violation
discovered by a professional technical equipment or device, the date that the
violation ends is the date on which the professional technical equipment or
device records the violation.
4. Determination of
prescriptive period in accordance with clause 3 of this Article in some
specific cases:
a) The date on which the
administrative violation ends and the prescriptive period for imposition of
penalties begins for violations specified in clauses 1 and 2 Article 18 of this
Decree is the date on which the structure, work item or vehicle is transferred
as per the law;
b) The date on which the
administrative violation ends and the prescriptive period for imposition of penalties
begins for violations specified in clauses 3 and 4 Article 18 of this Decree is
the date on which the structure, work item or vehicle ceases operation.
5. Persons having the
power to impose penalties shall, according to relevant documents, determine the
prescriptive period in accordance with the Law on Handling of Administrative
Violations and other relevant laws.
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ADMINISTRATIVE
VIOLATIONS, PENALTIES AND REMEDIAL MEASURES
Article
6. Violations against regulations on dissemination of knowledge and laws on,
provision of training and refresher training in fire prevention and
firefighting and rescue
1. A warning or a fine
ranging from 300.000 VND to 500.000 VND shall be imposed for damaging fire
prevention and firefighting and rescue banners, posters and billboards.
2. A fine ranging from
1.000.000 VND to 3.000.000 VND shall be imposed for failing to organize
dissemination of fire prevention, firefighting and rescue law and knowledge to
the entities specified in Article 8 of the Law on Fire and Rescue.
3. A fine ranging from
4.000.000 VND to 6.000.000 VND shall be imposed for failing to provide annual
refresher training in fire prevention, firefighting and rescue for the entities
that have undergone training in fire prevention, firefighting and rescue in
accordance with points c, d, dd, e and g clause 1 Article 45 of the Law on Fire
and Rescue.
4. A fine ranging from
6.000.000 VND to 8.000.000 VND shall be imposed for assigning the entities
specified in points d, dd, e and g clause 1 Article 45 of the Law on Fire and
Rescue to perform fire prevention, firefighting and rescue tasks but they have
not yet undergone training in fire prevention, firefighting and rescue.
5. Remedial measures:
a) Mandatory restoration
of original condition regarding the violation specified in clause 1 of this
Article;
b) Mandatory provision of
refresher training in fire prevention and firefighting and rescue regarding the
violation specified in clause 3 of this Article.
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Article
7. Violations against regulations on promulgating and posting rules, placing
signs, warning signs, direction signs related to fire prevention, firefighting
and rescue
1. A fine ranging from
1.000.000 VND to 3.000.000 VND shall be imposed for any of the following
violations:
a) Promulgating fire
prevention, firefighting and rescue rules containing contents that are
inadequate according to regulations or not appropriate to characteristics and
nature of operations conducted by the establishment or vehicle;
b) Posting rules, placing
signs, warning signs, direction signs related to fire prevention, firefighting
and rescue in incorrect positions as designated.
2. A fine ranging from
4.000.000 VND to 6.000.000 VND shall be imposed for failing to maintain fire
prevention, firefighting and rescue rules, signs, warning signs, direction
signs that have been posted/placed.
3. A fine ranging from
6.000.000 VND to 8.000.000 VND shall be imposed for failing to promulgate or
post rules signs, place warning signs, direction signs related to fire
prevention, firefighting and rescue.
Article
8. Violations against regulations on establishment and management of grassroots
fire and rescue forces, specialized fire and rescue forces; assignment of
individuals in charge of fire prevention, firefighting and rescue tasks
1. A fine ranging from
3.000.000 VND to 5.000.000 VND shall be imposed for any of the following
violations:
a) Establishing
grassroots fire and rescue forces or specialized fire and rescue forces that do
not have enough members in accordance with regulations;
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2. A fine ranging from
6.000.000 VND to 8.000.000 VND shall be imposed for any of the following
violations:
a) Failing to assign
individuals to take charge of fire prevention, firefighting and rescue tasks at
any establishment with fewer than 20 people working;
b) Failing to prepare
fire and rescue watch positions for grassroots fire and rescue forces or
specialized fire and rescue forces
3. A fine ranging from 8.000.000
VND to 10.000.000 VND shall be imposed for failing to allocate forces or
provide equipment for grassroots fire and rescue forces or specialized fire and
rescue forces keeping daily watch for fire prevention, firefighting and rescue.
4. A fine ranging from
10.000.000 VND to 20.000.000 VND shall be imposed for failing to establish
grassroots fire and rescue forces.
5. A fine ranging from
20.000.000 VND to 30.000.000 VND shall be imposed for failing to establish
specialized fire and rescue forces.
Article
9. Violations against regulations on dossiers on fire prevention, firefighting
and rescue
1. A fine ranging from
1.000.000 VND to 3.000.000 VND shall be imposed for failing to have adequate
dossiers on fire prevention, firefighting and rescue.
2. A fine ranging from
5.000.000 VND to 7.000.000 VND shall be imposed for failing to formulate
dossiers on fire prevention, firefighting and rescue.
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1. A fine ranging from
3.000.000 VND to 5.000.000 VND shall be imposed for any of the following
violations:
a) Failing to present
dossiers on fire prevention, firefighting and rescue to serve fire prevention
and firefighting inspection;
b) Failing to punctually
send reports on results of establishments’ performance of fire prevention and
firefighting and rescue tasks;
c) Failing to meet fire
prevention and firefighting and rescue requirements specified in written
proposals to overcome shortcomings and limitations.
2. A fine ranging from
5.000.000 VND to 10.000.000 VND shall be imposed for any of the following
violations:
a) Failing to assign
persons having power and responsibilities to work with persons having the power
to conduct inspection after having received the notification of fire prevention
and firefighting inspection;
b) Failing to send
reports on results of establishments’ performance of fire prevention and
firefighting and rescue tasks;
3. A fine ranging from
10.000.000 VND to 20.000.000 VND shall be imposed for failing to conduct
periodical self-inspections of fire prevention and firefighting.
4. A fine ranging from
20.000.000 VND to 30.000.000 VND shall be imposed for any of the following
violations:
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b) Failing to abide by
decisions on suspension and termination of the operation as per by law on fire
and rescue.
Article
11. Violations against regulations on fire prevention and firefighting during
use of fire sources, heat sources, equipment and vehicles that produce fire or
heat
1. A fine ranging from
5.000.000 VND to 10.000.000 VND shall be imposed for using fire sources, heat
sources, equipment and vehicles that produce fire or heat without maintaining
fire safety and fire separation distance according to regulations.
2. A fine ranging from
20.000.000 VND to 25.000.000 VND shall be imposed for any of the following
violations:
a) Using fire sources,
heat sources, equipment and vehicles that produce fire or heat in areas where
they are banned;
b) Welding, cutting
metals without implementing fire safety measures as prescribed by law.
3. A fine which is twice
as much as that imposed for the violations prescribed in clause 1 of this
Article shall be imposed if a fire occurs but not to a degree that is subject
to criminal prosecution.
Article
12. Violations against regulations on fire prevention and firefighting during
installation and use of electricity
1. A fine ranging from
6.000.000 VND to 8.000.000 VND shall be imposed for installing, using electric
wires, electric devices, shut-off devices, protective devices without
ensuring fire safety.
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3. A fine ranging from
20.000.000 VND to 25.000.000 VND shall be imposed for failing to equip, install
and use explosion-proof electrical equipment.
4. A fine ranging from
40.000.000 VND to 50.000.000 VND shall be imposed for any of the following
violations:
a) Failing to implement
fire separation solutions for concentrated indoor charging locations for
electric vehicles;
b) Failing to establish
power system for fire prevention and firefighting;
c) Failing to maintain
power sources for fire prevention and firefighting.
5. A fine which is twice
as much as that imposed for the violations prescribed in clauses 1, 2 and 3 of
this Article shall be imposed if a fire occurs but not to a degree that is
subject to criminal prosecution.
6. Remedial measure:
Mandatory implementation
of fire separation solutions regarding the violation specified in point a
clause 4 of this Article.
Article
13. Violations against regulations on fire prevention and firefighting during
installation, inspection and maintenance of earthing and lightning protection
systems
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2. A fine ranging from
10.000.000 VND to 15.000.000 VND shall be imposed for any of the following
violations:
a) Installing earthing
and lightning protection systems against regulations of law;
b) Failing to maintain
earthing and lightning protection systems that have been installed.
3. A fine ranging from
20.000.000 VND to 25.000.000 VND shall be imposed for failing to install
earthing and lightning protection systems in a house or building.
4. A fine which is twice
as much as that imposed for the violations prescribed in clauses 1, 2 and 3 of
this Article shall be imposed if a fire occurs but not to a degree that is subject
to criminal prosecution.
Article
14. Violations against regulations on fire prevention and firefighting during
management, preservation and use of substances/goods with fire/explosion
hazards
1. A fine ranging from
3.000.000 VND to 5.000.000 VND shall be imposed for any of the following
violations:
a) Arranging or placing
substances/goods with fire/explosion hazards against regulations;
b) Preserving
substances/goods with fire/explosion hazards in excess of the prescribed
quantity/capacity.
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3. A fine ranging from 10.000.000
VND to 15.000.000 VND shall be imposed for creating a fire hazard where fuel
concentration exceeds the lower flammability limit.
4. A fine ranging from
20.000.000 VND to 25.000.000 VND shall be imposed for illegally storing
substances/goods with fire/explosion hazards if not liable to criminal
prosecution.
5. A fine ranging from
45.000.000 VND to 50.000.000 VND shall be imposed for illegally using
substances/goods with fire/explosion hazards if not liable to criminal
prosecution.
6. A fine which is twice
as much as that imposed for the violations prescribed in clauses 1, 2, 3 and 4
of this Article shall be imposed if a fire occurs but not to a degree that is
subject to criminal prosecution.
7. Additional penalty:
Confiscation of exhibits
and means of administrative violations regarding the violations specified in
clauses 4 and 5 of this Article.
8. Remedial measures:
a) Mandatory reduction in
quantity/capacity of substances/goods with fire/explosion hazards regarding the
violation specified in point b clause 1 of this Article;
b) Mandatory transfer of
substances/goods with fire/explosion hazards to appropriate places regarding
the violation specified in clause 2 of this Article.
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1. A fine ranging from
3.000.000 VND to 5.000.000 VND shall be imposed for any of the following
violations:
a) Failing to maintain
the previously installed/equipped devices for detection of leakage of
substances/goods with fire/explosion hazards;
b) Failing to maintain
previously installed anti-static devices or systems.
2. A fine ranging from
10.000.000 VND to 15.000.000 VND shall be imposed for any of the following violations:
a) Failing to
equip/install devices for detection of leakage of substances/goods with
fire/explosion hazards;
b) Failing to
equip/install anti-static devices or systems.
3. A fine ranging from
20.000.000 VND to 25.000.000 VND shall be imposed for any of the following
violations:
a) Packaging, filling
substances/goods with fire/explosion hazards at inappropriate locations;
b) Packaging, filling
substances/goods with fire/explosion hazards into the wrong kind of containers
or those that are not appropriate for these substances/goods.
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5. A fine which is twice
as much as that imposed for the violations prescribed in clauses 1, 2 and 3 of
this Article shall be imposed if a fire occurs but not to a degree that is
subject to criminal prosecution.
6. Additional penalties:
a) Confiscation of
exhibits and means of administrative violations regarding the violations
specified in point b clauses 3 and 4 of this Article;
b) Suspension of the
license that is a written appraisal for fire prevention and firefighting design
or written approval of fire prevention and firefighting commissioning results
for a fixed period of 06-12 months regarding the violation specified in clause
4 of this Article.
Article
16. Violations against regulations on transport of substances/goods with
fire/explosion hazards
1. A fine ranging from
3.000.000 VND to 5.000.000 VND shall be imposed for arranging/placing
substances/goods with fire/explosion hazards in a vehicle that does not meet
fire safety requirements.
2. A fine ranging from 5.000.000
VND to 7.000.000 VND shall be imposed for any of the following violations:
a) Failing to maintain
fulfillment of fire safety requirements during the transport of the
substances/goods with fire/explosion hazards on the vehicle;
b) Transporting other
goods and the substances/goods with fire/explosion hazards on the same vehicle
without permission granted by a competent authority;
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3. A fine ranging from
20.000.000 VND to 25.000.000 VND shall be imposed for any of the following
violations:
a) Failing to fulfill
fire safety requirements while unloading, pumping, moving the substances/goods
with fire/explosion hazards from the vehicle;
b) Failing to maintain
fire safety measures for devices or pipelines for transporting
flammable/explosive gases/liquids;
c) Unloading, pumping,
moving the substances/goods with fire/explosion hazards at locations that do
not satisfy fire safety requirements;
4. A fine which is twice
as much as that imposed for the violations prescribed in clause 1, points and b
clauses 2 and clause 3 of this Article shall be imposed if a fire occurs but
not to a degree that is subject to criminal prosecution.
5. Remedial measures:
a) Mandatory maintenance
of fulfillment of fire safety requirements during the transport of the
substances/goods with fire/explosion hazards on the vehicle regarding the
violation specified in point a clause 2 of this Article;
b) Mandatory maintenance
of fire safety measures for devices or pipelines for transporting
flammable/explosive gases/liquids regarding the violation specified in point b
clause 3 of this Article;
c) Mandatory unloading,
pumping, movement of the substances/goods with fire/explosion hazards to
locations that satisfy fire safety requirements regarding the violation
specified in point c clause 3 of this Article.
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1. A fine ranging from
10.000.000 VND to 15.000.000 VND shall be imposed for any of the following
violations:
a) Buying compulsory fire
and explosion insurance against regulations of law on compulsory fire and
explosion insurance premiums payable by establishments that must buy compulsory
insurance;
b) Extracting from 50% to
just under 100% of the total revenue from selling compulsory fire and explosion
insurance to fund fire prevention and firefighting and rescue operations
according to regulations.
2. A fine ranging from
20.000.000 VND to 30.000.000 VND shall be imposed for extracting from under 50%
of the total revenue from selling compulsory fire and explosion insurance to
fund fire prevention and firefighting and rescue operations according to
regulations.
3. A fine ranging from
30.000.000 VND to 40.000.000 VND shall be imposed for failing to buy compulsory
fire and explosion insurance in respect of a group-II establishment posing a
risk of conflagration according to regulations of law on fire and rescue.
4. A fine ranging from
40.000.000 VND to 50.000.000 VND shall be imposed for any of the following
violations:
a) Failing to buy
compulsory fire and explosion insurance in respect of a group-I establishment
posing a risk of conflagration according to regulations of law on fire and
rescue;
b) Failing to extract an
amount from total revenue from selling compulsory fire and explosion insurance
to fund fire prevention and firefighting and rescue operations.
Article
18. Violations against regulations on appraisal of design in and commissioning
of fire prevention and firefighting
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a) Repurposing or adding
occupancies or renovating structures or work items required to undergo fire
prevention and firefighting design appraisal during the process of use when a
written appraisal for fire prevention and firefighting design has not yet been
issued by an authority having jurisdiction (AHJ);
b) Renovating vehicles
required to undergo fire prevention and firefighting design appraisal during
the process of use when a written appraisal for fire prevention and
firefighting design has not yet been issued by AHJ.
2. A fine ranging from
20.000.000 VND to 25.000.000 VND shall be imposed for constructing structures
or work items or manufacturing, assembling, building vehicles required to
undergo fire prevention and firefighting design appraisal when a written
appraisal for fire prevention and firefighting design has not yet been issued
by AHJ.
3. A fine ranging from
30.000.000 VND to 50.000.000 VND shall be imposed for putting structures or
work items or vehicles whose fire prevention and firefighting design is
approved or appraised into operation/use when a written approval of fire
prevention and firefighting commissioning results has not yet been issued by
AHJ.
4. A fine ranging from
40.000.000 VND to 50.000.000 VND shall be imposed for putting structures or
work items or vehicles required to undergo fire prevention and firefighting
design appraisal into operation/use when the written appraisal for fire
prevention and firefighting design and the written approval of fire prevention
and firefighting commissioning results have not yet been issued by AHJ.
5. A fine which is twice
as much as that imposed for the violations prescribed in clauses 1 and 2 of
this Article shall be imposed if a fire occurs but not to a degree that is
subject to criminal prosecution.
6. Additional penalties:
a) Suspension of
operation for a fixed period of 03-06 months regarding the violation specified
in clause 3 of this Article;
b) Suspension of
operation for a fixed period of 06-12 months regarding the violation specified
in clause 4 of this Article.
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1. A fine ranging from
20.000.000 VND to 30.000.000 VND shall be imposed for falsifying a license for
sale of fire and rescue instruments and fire-rated/fireproof materials and
structural elements.
2. A fine ranging from
40.000.000 VND to 50.000.000 VND shall be imposed for any of the following
violations:
a) Selling, putting fire
and rescue instruments and fire-rated/fireproof materials and structural
elements into market when the license has not yet been issued;
b) Using false documents
to apply for the license for sale of fire and rescue instruments and
fire-rated/fireproof materials and structural elements.
3. Remedial measures:
a) Mandatory return of
the license for sale of fire and rescue instruments and fire-rated/fireproof
materials and structural elements to the issuer regarding the violations
specified in clause 1 and point b clause 2 of this Article;
b) Mandatory withdrawal
of fire and rescue instruments and fire-rated/fireproof materials and
structural elements regarding the violation specified in point a clause 2 of
this Article.
Article
20. Violations against regulations on installation of fire and rescue instruments
1. A fine ranging from
1.000.000 VND to 2.000.000 VND shall be imposed for installing common fire and
rescue instruments or manual dismantling equipment against regulations.
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3. A fine ranging from
5.000.000 VND to 7.000.000 VND shall be imposed for installing emergency
lighting and emergency exit signs against regulations.
4. A fine ranging from
8.000.000 VND to 10.000.000 VND shall be imposed for providing fire and rescue
instruments for grassroots fire and rescue forces or specialized fire and
rescue forces against regulations.
5. A fine ranging from
10.000.000 VND to 15.000.000 VND shall be imposed for failing to install
emergency lighting and emergency exit signs.
6. A fine ranging from
15.000.000 VND to 20.000.000 VND shall be imposed for failing to provide fire
and rescue instruments for grassroots fire and rescue forces.
7. A fine ranging from
20.000.000 VND to 25.000.000 VND shall be imposed for failing to provide fire
and rescue instruments for specialized fire and rescue forces.
8. A fine ranging from
30.000.000 VND to 40.000.000 VND shall be imposed for any of the following violations:
a) Installing instruments
within a fire alarm system against regulations;
b) Installing instruments
within a firefighting system against regulations.
9. A fine ranging from
40.000.000 VND to 50.000.000 VND shall be imposed for any of the following
violations:
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b) Failing to install the
firefighting system;
c) Failing to install
motorized fire and rescue instruments.
10. A fine which is twice
as much as that imposed for the violations prescribed in clauses 2, 5, 6 and 7
of this Article shall be imposed if a fire occurs but not to a degree that is
subject to criminal prosecution.
11. Additional penalty:
Suspension of operation
for a fixed period of 03-06 months regarding the violations specified in points
a and b clause 9 of this Article.
12. Remedial measures:
a) Mandatory installation
of common fire and rescue instruments or manual dismantling equipment regarding
the violation specified in clause 1 of this Article;
b) Mandatory installation
of emergency lighting and emergency exit signs regarding the violation
specified in clause 3 of this Article;
c) Mandatory provision of
fire and rescue instruments for grassroots fire and rescue forces or
specialized fire and rescue forces regarding the violation specified in clause
4 of this Article;
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dd) Mandatory installation
of the firefighting system regarding the violation specified in point b clause
8 of this Article.
Article
21. Violations against regulations on use of fire and rescue instruments
1. A fine ranging from
1.000.000 VND to 3.000.000 VND shall be imposed for arbitrarily moving or
blocking previously installed fire and rescue instruments.
2. A fine ranging from
3.000.000 VND to 5.000.000 VND shall be imposed for failing to maintain
sufficient quantity or quality of previously installed common fire and rescue instruments
or manual dismantling equipment.
3. A fine ranging from
5.000.000 VND to 10.000.000 VND shall be imposed for any of the following
violations:
a) Failing to maintain
operation of previously installed emergency lighting and emergency exit signs;
b) Failing to maintain
operation of previously installed independent fire alarm devices.
4. A fine ranging from
10.000.000 VND to 20.000.000 VND shall be imposed for any of the following
violations:
a) Failing to maintain
operation of previously installed instruments within the fire alarm system;
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5. A fine ranging from
20.000.000 VND to 25.000.000 VND shall be imposed for failing to have motorized
fire and rescue instruments prepared for firefighting and rescue.
6. A fine ranging from
40.000.000 VND to 50.000.000 VND shall be imposed for any of the following
violations:
a) Failing to maintain
operation of the previously installed fire alarm system;
a) Failing to maintain
operation of the previously installed firefighting system;
7. A fine which is twice
as much as that imposed for the violations prescribed in clauses 2, 3, 4 and 5
of this Article shall be imposed if a fire occurs but not to a degree that is
subject to criminal prosecution.
8. Additional penalty:
Suspension of operation
for a fixed period of 01-03 months regarding the violation specified in clause
6 of this Article.
9. Remedial measures:
a) Mandatory restoration
of original condition regarding the violation specified in clause 1 of this
Article;
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c) Mandatory maintenance
of emergency lighting and emergency exit signs regarding the violation
specified in point a clause 3 of this Article;
d) Mandatory maintenance
of independent fire alarm devices regarding the violation specified in point b
clause 3 of this Article;
d) Mandatory maintenance
of the fire alarm system regarding the violations specified in point a clause
4, point a clause 6 of this Article;
e) Mandatory maintenance of
the firefighting system regarding the violations specified in point b clause 4,
point b clause 6 of this Article.
Article
22. Violations against regulations on preservation/maintenance of fire and
rescue instruments
1. A fine ranging from
3.000.000 VND to 5.000.000 VND shall be imposed for any of the following
violations:
a) Failing to
preserve/maintain common fire and rescue instruments or independent fire alarm
devices;
b) Preserving/maintaining
the fire alarm system against regulations;
c) Preserving/maintaining
the firefighting system against regulations;
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2. A fine ranging from
5.000.000 VND to 10.000.000 VND shall be imposed for failing to
preserve/maintain motorized fire and rescue instruments.
3. A fine ranging from
10.000.000 VND to 20.000.000 VND shall be imposed for any of the following
violations:
a) Failing to maintain
the fire alarm system;
b) Failing to maintain
the firefighting system;
Article
23. Violations against regulations on smoke extraction
1. A fine ranging from
10.000.000 VND to 20.000.000 VND shall be imposed for any of the following
violations:
a) Installing instruments
within a smoke extraction system against regulations;
b) Installing instruments
within a positive pressure system at zones where smoke protection is required
against regulations.
2. A fine ranging from
20.000.000 VND to 25.000.000 VND shall be imposed for any of the following
violations:
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b) Failing to maintain
the previously installed positive pressure system at the zone where smoke
protection is required.
3. A fine ranging from
30.000.000 VND to 40.000.000 VND shall be imposed for failing to maintain the
previously installed ventilation system at the zone where the substances/goods
with fire/explosion hazards are manufactured/preserved/sold/used.
4. A fine ranging from
40.000.000 VND to 50.000.000 VND shall be imposed for any of the following
violations:
a) Failing to take
natural ventilation measures or smoke extraction measures;
b) Failing to install the
positive pressure system at the zone where the system must be installed.
5. A fine which is twice
as much as that imposed for the violations prescribed in clauses 1 and 2 of
this Article shall be imposed if a fire occurs but not to a degree that is
subject to criminal prosecution.
6. Additional penalty:
Suspension of operation
for a fixed period of 03-06 months regarding the violation specified in clause
3 of this Article.
7. Remedial measures:
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b) Mandatory installation
of the positive pressure system regarding the violation specified in point b
clause 1 of this Article;
c) Mandatory maintenance
of ventilation measures or the smoke extraction system regarding the violation
specified in point a clause 2 of this Article;
d) Mandatory maintenance of
the positive pressure system regarding the violation specified in point b
clause 2 of this Article;
dd) Mandatory maintenance
of the ventilation system at the zone where the substances/goods with
fire/explosion hazards are manufactured/preserved/sold/used regarding the
violation specified in clause 3 of this Article.
Article
24. Violations against regulations on fire escape
1. A fine ranging from
1.000.000 VND to 3.000.000 VND shall be imposed for any of the following
violations:
a) Installing mirrors on
the escape route;
b) Installing escape
doors that do not swing in the direction of egress.
2. A fine ranging from
5.000.000 VND to 10.000.000 VND shall be imposed for placing supplies, goods,
vehicles and other items and instruments blocking the escape route.
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a) Failing to maintain
previously installed escape doors on the escape route;
b) Locking escape doors
previously installed on the escape route.
4. A fine ranging from
20.000.000 VND to 30.000.000 VND shall be imposed for any of the following
violations:
a) Failing to maintain
escape routes at rooms and areas;
b) Failing to have
adequate escape routes at rooms and areas;
5. A fine ranging from
40.000.000 VND to 50.000.000 VND shall be imposed for any of the following
violations:
a) Failing to maintain
escape routes at houses/buildings;
b) Failing to have
adequate escape routes at houses/buildings.
6. Additional penalty:
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7. Remedial measures:
a) Mandatory removal of
mirrors on the escape route regarding the violation specified in point a clause
1 of this Article;
b) Mandatory swinging of
escape doors in the direction of egress regarding the violation specified in
point b clause 1 of this Article;
c) Mandatory movement of
supplies, goods, vehicles and other items and instruments regarding the
violation specified in clause 2 of this Article;
d) Mandatory maintenance
of escape doors on the escape route regarding the violation specified in clause
3 of this Article.
Article
25. Violations against regulations on fire separation
1. A fine ranging from
2.000.000 VND to 4.000.000 VND shall be imposed for placing supplies, goods,
vehicles and other items and instruments without maintaining fire safety
distance.
2. A fine ranging from
5.000.000 VND to 7.000.000 VND shall be imposed for failing to maintain
previously built/installed fire separation devices, except for the violation
specified in clause 5 of this Article.
3. A fine ranging from
8.000.000 VND to 10.000.000 VND shall be imposed for any of the following
violations:
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b) Installing ducts
carrying flammable gas and liquid at zones where such ducts are prohibited from
installation or against regulations on fire safety.
4. A fine ranging from 20.000.000
VND to 25.000.000 VND shall be imposed for any of the following violations:
a) Failing to maintain
fire safety separation distance between houses and buildings;
b) Failing to install
fire separation devices, except for the violation specified in clause 5 of this
Article.
5. A fine ranging from
30.000.000 VND to 40.000.000 VND shall be imposed for failing to build or
maintain fire-rated walls, partitions or floors.
6. A fine ranging from
40.000.000 VND to 50.000.000 VND shall be imposed for constructing
houses/buildings without maintaining fire safety separation distance.
7. A fine which is twice
as much as that imposed for the violations prescribed in clauses 2, 3 and 4 of
this Article shall be imposed if a fire occurs but not to a degree that is
subject to criminal prosecution.
8. Additional penalty:
Suspension of operation
for a fixed period of 06-12 months regarding the violation specified in clause
6 of this Article.
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a) Mandatory movement of
supplies, goods, vehicles and other items and instruments for maintenance of
fire safety separation distance regarding the violation specified in clause 1
of this Article;
b) Mandatory maintenance
of fire separation devices regarding the violation specified in clause 2 of
this Article;
c) Mandatory maintenance
of fire safety separation distance regarding the violation specified in point a
clause 4 of this Article;
d) Mandatory installation
or maintenance of fire-rated walls, partitions or floors regarding the
violation specified in clause 5 of this Article.
Article
26. Violations against regulations on development, approval and drill of
firefighting and rescue measures
1. A fine ranging from
3.000.000 VND to 5.000.000 VND shall be imposed for any of the following
violations:
a) Developing
establishments’ or vehicle owners’ measures for firefighting and rescue against
regulations;
b) Failing to update,
additionally provide or revise establishments’ or vehicle owners’ measures for
firefighting and rescue;
c) Failing to approve or
approving establishments’ or vehicle owners’ measures for firefighting and
rescue ultra vires.
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a) Failing to engage in drill
of establishments’ or vehicle owners’ measures for firefighting and rescue for
all accident scenarios;
b) Failing to assign
adequate forces or supply sufficient vehicles within the scope of management to
drill of police authorities’ measures for firefighting and rescue when
mobilized by competent authorities.
3. A fine ranging from
10.000.000 VND to 15.000.000 VND shall be imposed for any of the following
violations:
a) Failing to cooperate
in development of police authorities’ measures for firefighting and rescue as
requested by competent police authorities.
b) Failing to cooperate
in participation in drill of police authorities’ measures for firefighting and
rescue as requested by competent police authorities.
4. A fine ranging from
15.000.000 VND to 20.000.000 VND shall be imposed for failing to organize drill
of establishments’ or vehicle owners’ measures for firefighting and rescue.
5. A fine ranging from
20.000.000 VND to 25.000.000 VND shall be imposed for failing to develop
establishments’ or vehicle owners’ measures for firefighting and rescue.
Article
27. Violations against regulations on firefighting and rescue
1. A warning or a fine
ranging from 500.000 VND to 1.000.000 VND shall be imposed for entering
firefighting and rescue areas without competent persons’ permission.
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a) Failing to follow
orders or abide by decisions to mobilize participation in firefighting and rescue
issued by competent persons;
b) Failing to organize
implementation of remedial measures against fire within abilities/capacities.
3. A fine ranging from
5.000.000 VND to 10.000.000 VND shall be imposed for obstructing fire and
rescue situation report.
4. A fine ranging from
10.000.000 VND to 15.000.000 VND shall be imposed for any of the following
violations:
a) Occupying or
obstructing operation of motorized fire and rescue instruments.
b) Deliberately reporting
false fire; false rescue situations;
c) Failing to report fire
or rescue situations.
5. A fine ranging from
15.000.000 VND to 25.000.000 VND shall be imposed for any of the following
violations:
a) Obstructing
firefighting and rescue forces and vehicles from firefighting and rescue;
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6. A fine ranging from
30.000.000 VND to 40.000.000 VND shall be imposed for failing to maintain traffic
roads for firefighting and rescue vehicles.
7. Remedial measure:
Mandatory maintenance of
traffic roads for firefighting and rescue vehicles regarding the violation
specified in clause 6 of this Article.
Article
28. Violations against regulations on database of fire prevention and
firefighting and rescue and fire alarm
1. A warning or a fine
ranging from 500.000 VND to 1.000.000 VND shall be imposed for any of the
following violations:
a) Declaring insufficient
information on establishments to the database of fire prevention and
firefighting and rescue and fire alarm in accordance with regulations.
b) Declaring insufficient
information on fire and rescue instruments and fire-rated/fireproof materials
and structural elements to the AHJ’s database upon sale of such instruments,
materials and structural elements according to regulations.
2. A fine ranging from
1.000.000 VND to 3.000.000 VND shall be imposed for any of the following
violations:
a) Failing to update
information when there is any change to the previously declared information to
the database of fire prevention and firefighting and rescue and fire alarm;
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3. A fine ranging from
3.000.000 VND to 5.000.000 VND shall be imposed for failing to declare
information on fire and rescue instruments and fire-rated/fireproof materials
and structural elements to the AHJ’s database upon sale of such instruments,
materials and structural elements according to regulations.
4. A fine ranging from
5.000.000 VND to 10.000.000 VND shall be imposed for failing to declare
information on establishments to the database of fire prevention and
firefighting and rescue and fire alarm.
5. A fine ranging from
10.000.000 VND to 15.000.000 VND shall be imposed for deliberately
disconnecting or failing to deal with incidents that result in disconnection of
fire alarm transmission devices from/to the database of fire prevention and
firefighting and rescue and fire alarm.
6. A fine ranging from
20.000.000 VND to 30.000.000 VND shall be imposed for any of the following
violations:
a) Failing to install
fire alarm transmission devices;
b) Failing to connect
fire alarm transmission devices to the database of fire prevention and
firefighting and rescue and fire alarm in accordance with regulations.
Chapter
III
POWER TO
ISSUE VIOLATION RECORDS, IMPOSE ADMINISTRATIVE PENALTIES
Article
29. Power to issue administrative violation records
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1. Persons having the
power to impose administrative penalties specified in Articles 30, 31, 32, 33, 34,
35 and 36 of this Decree.
2. On-duty public
employees working for People's Committees at all levels, construction
authorities and registration and inspection authorities.
Article
30. Power to impose administrative penalties of Chairpersons of People's
Committees at all levels
1. Chairperson of the
People’s Committee of commune shall have the power to:
a) Issue warnings;
b) Impose a maximum fine
of VND 5.000.000;
c) Confiscate any exhibit
or mean used for commission of administrative violation if its value is not 02
times as high as the fine specified in point b of this clause;
d) Impose remedial
measures specified in point a clause 1 Article 28 of the Law on Handling of
Administrative Violations.
2. Chairperson of the
People’s Committees of province shall have the power to:
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b) Impose a maximum fine
of VND 50.000.000;
c) Suspend the license
that is a written appraisal for fire prevention and firefighting design or
written approval of fire prevention and firefighting commissioning results;
d) Confiscate any exhibit
or mean used for commission of administrative violation;
dd) Suspend operation for
a fixed period;
e) Impose remedial
measures specified in clause 3 Article 3 of this Decree.
Article
31. Power to impose administrative penalties of People's Public Security Force
1. An on-duty people’s
police officer shall have the power to:
a) Issue warnings;
b) Impose a maximum fine
of VND 500.000.
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a) Issue warnings;
b) Impose a maximum fine
of VND 1.500.000.
3. Chief of commune-level
police station, chief of police station at border checkpoint or
export-processing zone, head of police authority of international airport,
battalion chief of mobile police battalion or captain of squadron shall have
the power to:
a) Issue warnings;
b) Impose a maximum fine
of VND 2.500.000;
c) Confiscate any exhibit
or mean used for commission of administrative violation if its value is not 02
times as high as the fine specified in point b of this clause;
d) Impose remedial measures
specified in point a clause 1 Article 28 of the Law on Handling of
Administrative Violations.
4. Heads of Specialized
Divisions of Police Department for Administrative Management of Social Order;
Heads of Specialized Divisions of Traffic Police Department; Heads of
Specialized Divisions of Police Department of Fire Prevention, Fighting and
Rescue; Heads of provincial Police Departments, including Heads of Police
Departments for Administrative Management of Social Order; Heads of Traffic
Police Departments; Heads of Police Departments of Fire Prevention, Fighting
and Rescue; Heads of Mobility Police Divisions shall have the power to:
a) Issue warnings;
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c) Suspend the license
that is a written appraisal for fire prevention and firefighting design or
written approval of fire prevention and firefighting commissioning results.
c) Confiscate any exhibit
or mean used for commission of administrative violation if its value is not 02
times as high as the fine specified in point b of this clause;
dd) Suspend operation for
a fixed period;
e) Impose remedial
measures specified in clause 3 Article 3 of this Decree.
5. Director of provincial
police authority shall have the power to:
a) Issue warnings;
b) Impose a maximum fine
of VND 25.000.000;
c) Suspend the license
that is a written appraisal for fire prevention and firefighting design or
written approval of fire prevention and firefighting commissioning results.
d) Confiscate any exhibit
or mean used for commission of administrative violation;
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e) Impose remedial
measures specified in clause 3 Article 3 of this Decree.
6. Director of Police
Department of Administrative Management of Social Order, Director of Traffic
Police Department, Director of Police Department of Fire Prevention and
Fighting and Rescue shall have the power to:
a) Issue warnings;
b) Impose a maximum fine
of VND 50.000.000;
c) Suspend the license
that is a written appraisal for fire prevention and firefighting design or
written approval of fire prevention and firefighting commissioning results.
d) Confiscate any exhibit
or mean used for commission of administrative violation;
dd) Suspend operation for
a fixed period;
e) Impose remedial
measures specified in clause 3 Article 3 of this Decree.
Article
32. Power to impose administrative penalties of Border Guard
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a) Issue warnings;
b) Impose a maximum fine
of VND 500.000.
2. Head of Border
Guard station and leader of the officers mentioned in clause 1 of this Article
shall have the power to:
a) Issue warnings;
b) Impose a maximum fine
of VND 2.500.000.
3. Team leader of Crime and
Drug Prevention and Control Task Force affiliated to Crime and Drug Prevention
and Control Brigade shall have the power to:
a) Issue warnings;
b) Impose a maximum fine
of VND 5.000.000;
c) Confiscate any exhibit
or mean used for commission of administrative violation if its value is not 02
times as high as the fine specified in point b of this clause;
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4. Head of Border Guard
Post, Commander of Border-Guard Flotilla and Commander of Port Border Guard
shall have the power to:
a) Issue warnings;
b) Impose a maximum fine
of VND 10.000.000;
c) Confiscate any exhibit
or mean used for commission of administrative violation if its value is not 02
times as high as the fine specified in point b of this clause;
d) Impose remedial
measures specified in clause 3 Article 3 of this Decree.
5. Commander of Crime and
Drug Prevention and Control Brigade affiliated to Crime and Drug Prevention and
Control Department of Border Guard High Command shall have the power to:
a) Issue warnings;
b) Impose a maximum fine
of VND 25.000.000;
c) Confiscate any exhibit
or mean used for commission of administrative violation if its value is not 02
times as high as the fine specified in point b of this clause;
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6. Chief Commander of the
provincial-level Border Guard; Captain of Naval Border Guard Squadron, and
Director of the Department of Drug and Crime Prevention and Control affiliated
to Border Guard High Command shall have the power to:
a) Issue warnings;
b) Impose a maximum fine
of VND 50.000.000;
c) Suspend the license
that is a written appraisal for fire prevention and firefighting design or
written approval of fire prevention and firefighting commissioning results.
d) Confiscate any exhibit
or mean used for commission of administrative violation;
dd) Suspend operation for
a fixed period;
e) Impose remedial
measures specified in clause 3 Article 3 of this Decree.
Article
33. Power to impose administrative penalties of Forest Protection Force
1. An on-duty forest
ranger shall have the power to:
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b) Impose a maximum fine
of VND 500.000.
2. Head of Forestry and
Forest Protection Station shall have the power to:
a) Issue warnings;
b) Impose a maximum fine
of VND 10.000.000;
c) Confiscate any exhibit
or mean used for commission of administrative violation if its value is not 02
times as high as the fine specified in point b of this clause.
3. Head of Forestry and Forest
Protection Office, Head of mobile forest ranger and forest fire team shall have
the power to:
a) Issue warnings;
b) Impose a maximum fine
of VND 25.000.000;
c) Confiscate any exhibit
or mean used for commission of administrative violation if its value is not 02
times as high as the fine specified in point b of this clause;
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4. Director of
provincial-level Forestry and Forest Protection Sub-department, Director of
Regional Forestry and Forest Protection Sub-Department, Leader of Task Force
Team for Forest Protection affiliated to the Forestry and Forest Protection
Department shall have the power to:
a) Issue warnings;
b) Impose a maximum fine
of VND 50.000.000;
c) Confiscate any exhibit
or mean used for commission of administrative violation if its value is not 02
times as high as the fine specified in point b of this clause;
d) Impose remedial
measures specified in clause 3 Article 3 of this Decree.
5. Director of Forestry
and Forest Protection Department shall have the power to:
a) Issue warnings;
b) Impose a maximum fine
of VND 50.000.000;
c) Confiscate any exhibit
or mean used for commission of administrative violation;
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Article
34. Power to impose administrative penalties of Fisheries Surveillance force
1. An on-duty Fisheries
Surveillance officer shall have the power to:
a) Issue warnings;
b) Impose a maximum fine
of VND 2.000.000;
c) Confiscate any exhibit
or mean used for commission of administrative violation if its value is not 02
times as high as the fine specified in point b of this clause.
2. Head of Fisheries
Surveillance Station affiliated to Regional Fisheries and Fisheries
Surveillance Sub-department shall have the power to:
a) Issue warnings;
b) Impose a maximum fine
of VND 10.000.000;
c) Confiscate any exhibit
or mean used for commission of administrative violation if its value is not 02
times as high as the fine specified in point b of this clause;
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3. Director of Regional
Fisheries and Fisheries Surveillance Sub-department shall have the power to:
a) Issue warnings;
b) Impose a maximum fine
of VND 50.000.000;
c) Confiscate any exhibit
or mean used for commission of administrative violation;
d) Impose remedial
measures specified in clause 3 Article 3 of this Decree.
4. Director of Fisheries and
Fisheries Surveillance Department shall have the power to:
a) Issue warnings;
b) Impose a maximum fine
of VND 50.000.000;
c) Suspend operation for
a fixed period;
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dd) Impose remedial
measures specified in clause 3 Article 3 of this Decree.
Article
35. Power to impose administrative penalties of Coast Guard force
1. An on-duty Coast Guard
officer shall have the power to:
a) Issue warnings;
b) Impose a maximum fine
of VND 1.000.000.
2. Coastguard Team Leader
shall have the power to:
a) Issue warnings;
b) Impose a maximum fine
of VND 2.500.000.
3. Coastguard squad
leader and captain of coastguard station shall have the power to:
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b) Impose a maximum fine
of VND 5.000.000;
c) Impose remedial
measures specified in point a clause 3 Article 3 of this Decree.
4. Commander of
Coastguard Platoon shall have the power to:
a) Issue warnings;
b) Impose a maximum fine
of VND 10.000.000;
c) Confiscate any exhibit
or mean used for commission of administrative violation if its value is not 02
times as high as the fine specified in point b of this clause;
d) Impose remedial
measures specified in clause 3 Article 3 of this Decree.
5. Captain of Naval
Border Guard Squadron; Head of Reconnaissance Commission; Head of Task Force
Commission for Drug Crime Prevention and Control under the control of the
Command of Coast Guard of Vietnam shall have the power to:
a) Issue warnings;
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c) Confiscate any exhibit
or mean used for commission of administrative violation if its value is not 02
times as high as the fine specified in point b of this clause;
d) Impose remedial
measures specified in clause 3 Article 3 of this Decree.
6. Regional Command of
Coast Guard and Director of the Department of Operations and Legislation under
the control of the Command of Coast Guard of Vietnam shall have the power to:
a) Issue warnings;
b) Impose a maximum fine
of VND 25.000.000;
c) Confiscate any exhibit
or mean used for commission of administrative violation;
d) Impose remedial
measures specified in clause 3 Article 3 of this Decree.
7. Commander of Vietnam
Coast Guard shall have the power to:
a) Issue warnings;
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c) Confiscate any exhibit
or mean used for commission of administrative violation;
d) Impose remedial
measures specified in clause 3 Article 3 of this Decree.
Article
36. Power to impose administrative penalties of Inspecting Authority
1. On-duty inspector,
person who is assigned to conduct inspection shall have the power to:
a) Issue warnings;
b) Impose a maximum fine
of VND 500.000;
c) Confiscate any exhibit
or mean used for commission of administrative violation if its value is not 02
times as high as the fine specified in point b of this clause;
d) Impose remedial
measures specified in point a clause 1 Article 28 of the Law on Handling of
Administrative Violations.
2. Chief Inspector of
Police Department of Fire Prevention, Fighting and Rescue; Chief Inspector of
Police Authority of province or central-affiliated city shall have the power
to:
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b) Impose a maximum fine
of VND 10.000.000;
c) Confiscate any exhibit
or mean used for commission of administrative violation if its value is not 02
times as high as the fine specified in point b of this clause;
d) Suspend operation for
a fixed period;
dd) Impose remedial
measures specified in clause 3 Article 3 of this Decree.
3. Provincial Chief
Inspector shall have the power to:
a) Issue warnings;
b) Impose a maximum fine
of VND 35.000.000;
c) Suspend the license
that is a written appraisal for fire prevention and firefighting design or
written approval of fire prevention and firefighting commissioning results;
d) Confiscate any exhibit
or mean used for commission of administrative violation;
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e) Impose remedial
measures specified in clause 3 Article 3 of this Decree.
4. Ministerial Chief
Inspector shall have the power to:
a) Issue warnings;
b) Impose a maximum fine
of VND 50.000.000;
c) Suspend the license
that is a written appraisal for fire prevention and firefighting design or
written approval of fire prevention and firefighting commissioning results;
d) Confiscate any exhibit
or mean used for commission of administrative violation;
dd) Suspend operation for
a fixed period;
e) Impose remedial
measures specified in clause 3 Article 3 of this Decree.
Article
37. Delegation of power to impose penalties
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2. Persons having the
power to impose penalties of People's Public Security have the power to impose
penalties for and remedial measures against administrative violations specified
in Article 6 through Article 28 of this Decree under their power prescribed in
Article 31 of this Decree and within their assigned functions, tasks and power.
3. Persons having the
power to impose penalties of Border Guard force have the power to impose
penalties for and remedial measures against administrative violations specified
in Articles 7, 14, 15, 16, 21, points a, c clause 1, points a, c clause 2
Article 20 of this Decree under their power prescribed in Article 32 of this
Decree, under their management and within their assigned functions, tasks and
power.
4. Persons having the
power to impose penalties of Forest Protection force have the power to impose
penalties for and remedial measures against administrative violations specified
in Articles 6, 7, 10, 11, 20, 21, 22, 25 and 27 of this Decree under their
power prescribed in Article 33 of this Decree and within their assigned
functions, tasks and power.
5. Persons having the
power to impose penalties of Fisheries Surveillance force have the power to
impose penalties for and remedial measures against administrative violations
specified in Articles 11, 16, 20, 21 and 22 of this Decree under their power
prescribed in Article 34 of this Decree and within their assigned functions,
tasks and power.
6. Persons having the
power to impose penalties of Coast Guard force have the power to impose
penalties for and remedial measures against administrative violations specified
in Article 16 of this Decree under their power prescribed in Article 35 of this
Decree and within their assigned functions, tasks and power.
7. Persons having the
power to impose penalties of Inspecting Authorities have the power to impose
penalties for administrative violations specified in Article 6 through Article
28 of this Decree under their power prescribed in Article 36 of this Decree and
within their assigned functions, tasks and power.
8. When imposing
penalties for administrative violations against regulations on fire prevention,
firefighting and rescue, authorities shall cooperate in accordance with
regulations in Article 52 of the Law on Handling of Administrative Violations.
Chapter
IV
IMPLEMENTATION
CLAUSES
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1. Clause 4 Article 36
shall be amended as follows:
“4. Heads of
Specialized Divisions of Traffic Police Department; Heads of Specialized
Divisions of Police Department of Fire Prevention, Fighting and Rescue; Heads
of provincial Police Departments, 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, Smuggling and Environment-related
Crimes, Heads of Police Departments for Investigation into Drug-related Crimes,
Heads of Traffic Police Departments, Heads of Police Departments of Fire
Prevention, Fighting and Rescue; Heads of Internal Political Security
Departments, Heads of Economic Security Departments shall have the power to:”.
2. Clause 6 Article 36
shall be amended as follows:
“6. Director of Internal
Political Security Department, Director of Economic Security Department,
Director of Police Department for Administrative Management of Social Order,
Director of Police Department for Investigation into Social Order-related Crimes,
Director of Police Department for Investigation into Corruption, Economy and
Smuggling-related Crimes, Director of Police Department for Investigation into
Drug-related Crimes, Director of Police Traffic Department, Director of Police
Department of Fire Prevention, Fighting and Rescue, Director of Environment
Police Department, Director of Department of Cybersecurity and Hi-tech Crime
Prevention and Control, Director of Immigration Department shall have the power
to:”’.
Article
39. Effect
1. This Decree takes
effect from July 01, 2025.
2. Section 3 Chapter II
of the Government's Decree No. 144/2021/ND-CP dated December 31, 2021 on
administrative penalties for violations against regulations on social safety,
security, order; social evils, fire prevention and firefighting; rescue;
domestic violence prevention and control shall be annulled.
Article
40. Transitional clauses
1. If a violation against
regulations on fire prevention, firefighting and rescue is committed and ends
before the effective date of this Decree but it is discovered before the
prescriptive period expires or it is being handled after this Decree takes
effect, the Government’s Decree on penalties for administrative violations that
takes effect at the time of commission of the violation shall apply.
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2. Regarding decisions on
penalties for administrative violations issued or completely executed before
the effective date of this Decree, if the entities incurring administrative
penalties still lodge complaints, regulations on penalties for administrative
violations shall apply at the time of issuance of such decisions.
Article
41. Implementation responsibility
Ministers, Heads of
ministerial authorities, Heads of Governmental authorities, Chairpersons of
People's Committees of provinces and central-affiliated cities shall be
responsible for implementing this Decree.
ON BEHALF OF THE GOVERNMENT OF VIETNAM
PRIME MINISTER
Pham Minh Chinh