GOVERNMENT
OF VIETNAM
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|
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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|
No.
218/2025/ND-CP
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Hanoi,
August 05, 2025
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DECREE
ON
PENALTIES FOR ADMINISTRATIVE VIOLATIONS REGARDING NATIONAL DEFENSE AND CIPHER
ACTIVITIES
Pursuant to the Law on
Government Organization No. 63/2025/QH15;
Pursuant to the Law on Penalties
for Administrative Violations No. 15/2012/QH13 (amended by the Law No.
54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15,
Law No. 11/2022/QH15 and Law No. 88/2025/QH15.
Pursuant to the Law on National
Defense No. 22/2018/QH14;
Pursuant to the Law on Vietnam
Coast Guard No. 33/2018/QH14;
Pursuant to the Law on Military
Service No. 78/2015/QH13 (amended by the Law No. 48/2019/QH14);
Pursuant to Law on Vietnamese
People’s Army Officers No. 16/1999/QH10 (amended by Law No. 19/2008/QH12, Law
No. 72/2014/QH13);
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Pursuant to the Law on Militia
and Self-defense Forces No. 48/2019/QH14;
Pursuant to the Law on Military
Reserve Forces No. 53/2019/QH14;
Pursuant to the Law on Atomic
Energy No. 18/2008/QH12 (amended by the Law No. 35/2018/QH14);
Pursuant to the Law on
Anti-Money Laundering No. 14/2022/QH15;
Pursuant to the Law on Civil
Defense No. 18/2023/QH15;
Pursuant to the Law on
Electronic Transactions No. 20/2023/QH15;
Pursuant to the Law on
Management and Protection of Works of national defense and military zones No.
25/2023/QH15;
Pursuant to the Law on National
Defense and Security Industry and Industrial Mobilization No. 38/2024/QH15;
Pursuant to the Law on People’s
Air Defense No. 49/2024/QH15;
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Pursuant to Ordinance on
Management and Protection of Ho Chi Minh Mausoleum No. 06/2025/UBTVQH15;
At the request of the Minister
of National Defense;
The Government promulgates the
Decree on penalties for administrative violations regarding national defense
and cipher activities.
Chapter I
GENERAL REGULATIONS
Article 1. Scope
1. This Decree regulates
administrative violations; administrative violations that have ended or are
being committed; penalties, remedial measures for each violation; sanctioned
subjects; authority for imposing penalties and fines according to each title
and authority for making records of administrative violations; implementation
of administrative penalties and remedial measures regarding national defense
and cipher activities.
2. Administrative violations
regarding national defense include:
a) Violations regarding fulfillment
of military service and service of People's Public Security;
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c) Violations regarding militia and
self-defense forces;
d) Violations regarding civil
defense;
dd) Violations regarding People’s
air defense;
e) Violations regarding protecting
and countering the proliferation of weapons of mass destruction;
g) Violations regarding management
and protection of Ho Chi Minh Mausoleum;
h) Violations regarding national
defense and security industry and industrial mobilization;
i) Violations regarding management
and protection of works of national defense and military zones;
k) Violations regarding use of
certificates of registration of military vehicles; military license plates;
military driving licenses; and use, trading, production of license plates for
military vehicles and means operating in the field of inland waterways and
maritime navigation.
l) Violations regarding use,
trading and production of military equipment of the army; uniforms of militia
and self-defense force; work badges and ensigns.
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a) Violations regarding security
and safety for cryptographic activities to protect state secrets;
b) Violations regarding time limit
for prohibition from participating in cryptographic activities and the
commitment to protect state secrets;
c) Violations regarding security
and safety for cryptographic information systems that are not serious to an
extent that the violators are liable to criminal prosecution;
d) Violations regarding digital
signatures, digital certificates and digital signature authentication for
official use that are not serious to an extent that the violators are liable to
criminal prosecution.
4. Other administrative violations
regarding national defense and cipher activities not prescribed in this Decree
shall be handled in accordance with other relevant Decrees.
Article 2. Regulated entities
1. Vietnamese organizations and individuals;
foreign organizations and individuals (hereinafter referred to as organizations
and individuals) that commit administrative violations regarding national
defense and cipher activities within the territory, contiguous zone, exclusive
economic zone and continental shelf of the Socialist Republic of Vietnam; on
aircraft bearing Vietnamese nationality and ships flying the Vietnamese flag
except in cases where international treaties to which the Socialist Republic of
Vietnam is a party provide otherwise.
2. Individuals competent to make
records of administrative violations; individuals competent to impose
administrative penalties; organizations and individuals engaging in imposing
administrative penalties as prescribed in this Decree.
3. Organizations that are subject
to administrative penalties as prescribed in clause 1 of this Article include:
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b) Public service providers;
c) Social organizations,
socio-political organizations, socio-professional organizations;
d) Artels, cooperatives and
cooperative unions;
dd) Enterprises that are
established and operating in accordance with Vietnamese laws; branches and
representative offices of foreign enterprises that are operating in Vietnam;
e) Other organizations established
in accordance with the law;
g) Foreign organizations that
commit administrative violations regarding national defense and cipher
activities within the territory, contiguous zone, exclusive economic zone and
continental shelf of the Socialist Republic of Vietnam; on aircraft bearing
Vietnamese nationality and ships flying the Vietnamese flag except in cases
where international treaties to which the Socialist Republic of Vietnam is a
party provide otherwise.
4. Business households and
households committing administrative violations as prescribed in this Decree
shall be subject to penalties as for individuals.
Article 3. Definitions
For the purposes of this Decree,
the terms below shall be construed as follows:
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Family member prescribed in clause
1 of this Article includes natural parent; parent-in-law; adopted parent;
legitimate caretaker; spouse; natural child; adopted child.
2. Fraudulence refers to the act of
providing false information, fabricating or altering health condition certificates
issued by competent authorities; intentionally misrepresenting one’s own health
condition to evading obligations, responsibilities or requirements of competent
authorities in accordance with the law.
3. Obstruction refers to the act of
using methods (action or inaction) to obstruct or threaten individuals or
organizations so that they cannot or are unable to receive or carry out
decisions issued by competent state authorities.
Article 4. Prescriptive period,
starting point of prescriptive period for imposition of penalties regarding
national defense and cipher activities
1. Prescriptive period
The prescriptive period for
imposition of penalties regarding national defense and cipher activities is 01
year. For violations prescribed in clauses 3 and 4, Article 42; clauses 1 and
4, Article 43 of this Decree, the prescriptive period for imposition of
penalties is 02 years.
2. Starting point of prescriptive
period
The starting point of prescriptive
period for imposition of penalties regarding national defense and cipher
activities shall comply with clause 1, Article 6 of the Law on Penalties for
Administrative Violations in 2012 (amended by point a, clause 4, Article 1 of
the Law on amendments to the Law on Penalties for Administrative Violations in
2020). To be specific:
a) The starting point of
prescriptive period for imposition of penalties for administrative violations
prescribed in clause 5, Article 9; point b, clause 2, Article 10; clause 2,
Article 13; clause 1, Article 14 of this Decree shall be determined from the
date on which individuals commit fraudulent acts or give bribes to officers,
medical staff or other people to falsify the health classification results of
the person undergoing health examination for military service; service of
People's Public Security; training for reserve officers, non-commissioned officers
or soldiers that are already staffed to reserve units before the period of
concentration for training and exercise;
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c) The starting point of
prescriptive period for imposition of penalties for violations regarding
reporting deadline as prescribed in clause 5, Article 8; point d, clause 1 and
clause 2, Article 38 of this Decree shall be determined from the date on which
organizations and individuals fail to submit reports as prescribed by law;
d) The starting point of
prescriptive period for imposition of penalties regarding the show-up time for
registration/health examination for military service/service of People's Public
Security; training, exercise or inspection of mobilization and fighting
readiness of reserve forces and militia and self-defense forces as prescribed
in clauses 1 and 3, Article 9; clause 1, Article 10; clause 1, Article 13;
clause 2, Article 14 of this Decree shall be determined from the following day
of the deadline prescribed in the orders or notification of competent
authorities;
dd) The starting point of
prescriptive period for imposition of penalties for administrative violations
that are committing (except for cases in points a, b, c and d, clause 2 of this
Article), and violations that have ended shall be determined from the date on
which law enforcers discover the violations, and the time on which the
violations are ended respectively;
e) If organizations and individuals
intentionally evade or obstruct the penalty enforcement, the prescriptive
period prescribed in points a, b, c, d and dd, clause 2 of this Article shall
be determined from the time on which the evasion or obstruction of penalty
enforcement are ended;
g) Regarding administrative
violations received from presiding authorities, the prescriptive period shall
be determined in accordance with points a, b, c, d, dd and e, clause 2 of this
Article. The period of time the presiding authorities spend on handling the
violations shall also be included in the prescriptive period of the violations.
Article 5. Forms of penalty,
remedial measures
1. For each administrative
violation regarding national defense and cipher activities, organizations and
individuals shall be subject to the principle penalties which are either a
warning or a monetary fine.
2. For each administrative
violation regarding national defense and cipher activities, in addition to the principle
penalties, organizations and individuals shall be subject to one or more of the
following additional penalties:
a) Confiscation of evidences and
means used to commit administrative violations (hereinafter referred to as
evidences, means of administrative violations);
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3. For each administrative
violation regarding national defense, in addition to the principle penalties
and additional penalties, organizations and individuals shall be subject to one
or more of remedial measures as prescribed in points a, h and i, clause 1,
Article 28 of the Law on Penalties for Administrative Violations and the
following remedial measures:
a) Be forced to register for
military service for the first time; register for service of reserve forces;
conduct additional registration for military service; register upon changes of
place of residence/work; register for temporary absence;
b) Be forced to carry out military
service, service of People’s Public Security;
c) Be forced to carry out reports
as prescribed by law;
d) Be forced to readmission
non-commissioned officers and soldiers who have completed military
service/service of People’s Public Security to school; receive and assign works
for non-commissioned officers and soldiers who have completed military
service/service of People’s Public Security at their previous units or
organizations;
dd) Be forced to receive reserve
officers to work at their previous units or organizations after their training;
e) Be forced to receive and assign
works for reserve servicemen who have completed their training, exercise or
inspection of mobilization and fighting readiness, and finished their tasks at
their previous units or organizations;
g) Be forced to carry out decision
or order regarding mobilization of reserve technical equipment;
h) Be forced to dissolve the
militia and self-defense forces that are established or organized against the
law;
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k) Be forced to comply with
decision on mobilization of militia and self-defense forces to carry out tasks;
l) Be forced to destroy or remove
the obstacles;
m) Be forced to relocate toxic
waste or chemicals;
n) Be forced to provide information
on protecting and countering the proliferation of weapons of mass destruction;
update the list of suspended organizations and individuals; update the list of
organizations and individuals removed from the list of suspension;
o) Be forced to comply with the decision
on mobilization of forces, equipment and properties for civil defense and
People’s air defense of competent authorities;
p) Be forced to participate in
civil defense and People's air defense training or exercise;
q) Be forced to provide full and accurate
information on production and repairing capacity to surveying authorities;
r) Be forced to carry out
industrial mobilization tasks;
s) Be forced to recall
technological equipment and documents assigned by the State to serve industrial
mobilization;
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u) Be forced to relocate out of restricted
areas, protected areas and safety zones of works of national defense and
military zones;
v) Be forced to return driving
licenses/licenses for operating watercraft that have been erased or altered to
the issuing authorities;
x) Be forced to provide information
on protecting and countering the proliferation of weapons of mass destruction;
y) Be forced to make public apology;
z) Be forced to return the amount
equivalent to the value of evidences and means of administrative violations
that have been consumed, dispersed or destroyed against the law.
4. For each administrative
violation regarding cipher activities, in addition to the main penalties and
additional penalties, organizations and individuals shall be subject to one or
more of the following remedial measures:
a) Be forced to comply with
regulations on security and safety for cryptographic offices; sites where cryptographic
products are developed; and facilities storing cryptographic products;
b) Be forced to comply with
regulations on cooperating in implementing measures to ensure cyber information
security and safety for information systems using cryptographic products;
c) Be forced to restore the
original state of information system on cipher activities;
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dd) Be forced to return the amount
equivalent to the value of evidences and means of administrative violations
that have been consumed, dispersed or destroyed against the law.
Article 6. Procedures for
imposition of penalties, enforcement of decision on imposition of penalties and
remedial measures
1. Procedures for imposition of
penalties, enforcement of decision on imposition of penalties and remedial
measures for violations regarding national defense and cipher activities shall
comply with regulations in Chapter III of the second part of the Law on
Penalties for Administrative Penalties and regulations in this Decree.
2. For cases prescribed in point a,
clause 4, Article 9; point a, clause 2, Article 10; clause 5, Article 28; point
b, clause 3, Article 33; point b clause 2, clause 3, Article 34; clause 4,
Article 35; clauses 1, 2 and 3, Article 47; clause 1, Article 48; Article 62; Article
63 of this Decree, during the verification, the competent person who is
handling the case shall transfer all documents relating to the violation to the
authority competent to institute criminal proceedings as prescribed in clauses
1, 2 and 4, Article 62 of the Law on Penalties for Administrative Violations.
3. For cases where the violator is
forced to return driving licenses/licenses for operating watercraft that have
been erased or altered to the issuing authority as prescribed in point c,
clause 2, Article 44 of this Decree, violating organization or individual are
responsible to returning such licenses as prescribed in Article 85 of the Law
on Penalties for Administrative Violations. The person competent to impose
remedial measures shall transfer prescribed licenses to the issuing authority.
4. For cases where the violator is
forced to return the illegal gains, the determination of the amount of illegal
gains shall be carried out as follows:
a) The illegal gains obtained from
committing administrative violations as prescribed in clauses 3 and 4, Article
36; points a and b, clause 3, Article 38; Article 39 of this Decree is the
total amount of money that organizations or individuals earn from the following
acts: Participating in national defense industry activities beyond the assigned
scope, tasks, plans, or fields; Illegally exploiting and using equipment and
other assets assigned to national defense industry facilities by the State. The
amount is calculated as the revenue from such acts after deducting the direct
costs of the goods or services based on documents and evidences proving the
legality and validity of those costs that are provided by the violating
organizations or individuals;
b) The illegal gains obtained from
committing administrative violations as prescribed in clause 5, Article 36;
point b, clause 4, Article 38; clause 3, Article 39; clauses 2, 3, and 4,
Article 45; clauses 2 and 3, Article 47; clause 1, Article 48; clause 2,
Article 49; clause 1, Article 50; clause 3, Article 63 of this Decree is the
total amount of money that organizations or individuals earn from the following
acts: Buying, selling, leasing, mortgaging or pledging technical equipment,
technical professional means, technical materials and industrial mobilization
products assigned to industrial mobilization facilities by the State ; Lending,
leasing, buying, selling or illegally producing military license plates; Using
industrial mobilization products for business, leasing, mortgaging, pledging or
transferring ownership; Exchanging or illegally trading military insignia, shoulder
boards, unit badges, pine branch insignia, military name tags, military branch
symbols, kepi hats, field hats, ceremonial uniforms, regular military uniforms,
field uniforms, service uniforms of the Army, uniforms, hat stars, badges of
the militia and self-defense force, and other types of military gear; Illegally
buying and selling work badges and flags exclusively assigned to the Army on
duty; Illegally conducting business involving information within the
information systems on digital signature authentication for official use of authorities,
organizations or individuals. The amount is calculated as the revenue from such
acts after deducting the direct costs of the goods or services based on documents
and evidences proving the legality and validity of those costs that are
provided by the violating organizations or individuals.
5. For cases where the violating
organization or individual is forced to return an amount equal to the value of
the evidences, means of administrative violation that have been consumed,
dispersed or destroyed against the law, they shall return such amount.
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7. The violating organization and
individual shall report the results of implementing the remedial measures to
the competent authority issuing the decision on imposition of penalties within
03 working days from the deadline of implementation of the remedial measures.
8. In cases where the violator pays
the administrative penalty via the National Public Service Portal: The
authority competent to issue the penalty shall send the penalty information to
the Public Service Portal; The Public Service Portal automatically notifies the
violator to look up the information on decision on imposition of administrative
penalty via the phone number registered with the competent authority at the
time when the administrative violation record was made; The violator accesses
the Public Service Portal using the number of decision on imposition of
administrative penalty that has been notified or the number of administrative
violation record to look up the information on decision on imposition of
administrative penalty; The violator pays the administrative penalty and
registers to receive back temporarily-seized documents via the public postal
service; The person competent to impose penalty looks up and prints the
electronic receipt of the penalty payment sent by the Public Service Portal,
archive the administrative penalty dossier, and use it as a basis to return the
temporarily-seized documents as prescribed by law. If the violator pays the
administrative penalty via the public postal service, he/she shall comply with
Article 20 of Decree No. 118/2021/ND-CP dated December 23, 2021 of the
Government. The enforcement of administrative penalties in the electronic
environment shall be carried out when conditions regarding infrastructure,
technique and information are sufficient.
9. If the organization or
individual subject to administrative penalty does not voluntarily comply with
the decision on imposition of administrative penalty or does not voluntarily return
the expenses to the authority that has carried out the remedial measures, they
shall be forced to comply with the decision on imposition of administrative
penalty in accordance with the Law on Penalties for Administrative Violations
and other relevant regulations.
Article 7. Fines and authority
for imposing administrative penalties
1. The maximum fine for violations
regarding national defense and cipher activities is VND 75.000.000 for
individuals and VND 150.000.000 for organizations.
2. The fines prescribed in Chapter
II and Chapter III of this Decree shall be imposed on violations of
individuals. For the same act of administrative violations, the fines for
organizations are twice as much as the fines for individuals.
3. The authority for imposing fines
of titles prescribed in Section 12, Chapter II; Section 2, Chapter III of this
Decree is the authority for imposing fines on individuals. The authority for
imposing fines on organizations is twice as much as that of individuals.
Chapter II
VIOLATIONS, FORMS OF PENALTIES, FINES AND REMEDIAL
MEASURES; AUTHORITY FOR IMPOSING ADMINISTRATIVE PENALTIES REGARDING NATIONAL
DEFENSE
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Article 8. Violations regarding
registration for military service
1. Any male citizen who turns 17
within the year of enlistment for military service and is subject to military
service registration fails to register for military service for the first time
shall receive a warning.
2. A fine of from VND 8.000.000 to
VND 10.000.000 shall be imposed on any of the following acts:
a) Recidivate administrative
violations prescribed in clause 1 of this Article;
b) Fails to register for service of
reserve forces as prescribed by law;
c) Fail to conduct additional
registration for military service when there is change to title, educational
qualification, professional qualification, health condition and other
information related to military service as prescribed by law;
d) Fail to register for military
service at the place where the violator changes his/her place of residence/work
within 05 working days from the date of arrival at the new place of
residence/work;
dd) Fail to register for temporary
absence when the violator is absent from place of residence/work for more than
03 months; fail to register for military service when the violator returns to
his/her place of residence/work within 05 working days after the period of
temporary absence.
3. A fine of from VND 10.000.000 to
VND 15.000.000 shall be imposed on any of the following acts:
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b) Fail to fully report the
quantity of the reserve force and male citizens subject to military service
within their unit or organization as prescribed by law.
4. A fine of from VND 15.000.000 to
VND 20.000.000 shall be imposed on any of the following acts:
a) Submit incorrect report on the
list of male citizens who turn 17 within the year of enlistment for military
service; list of female citizens who are aged from 18 to 40 and subject to
military service with professional qualifications suitable for the requirements
of the People's Army;
b) Submit incorrect report on the
quantity of the reserve force and male citizens subject to military service
within their unit or organization as prescribed by law.
5. A fine of from VND 20.000.000 to
VND 30.000.000 shall be imposed on any of the following acts:
a) Fail to submit report on the
list of male citizens who turn 17 within the year of enlistment for military
service; list of female citizens who are aged from 18 to 40 and subject to
military service with professional qualifications suitable for the requirements
of the People's Army;
b) Fail to submit report on the
quantity of the reserve force and male citizens subject to military service
within their unit or organization as prescribed by law.
6. The following remedial measures
shall be applied:
a) The violator is forced to
register for military service for the first time; register for service of
reserve forces; conduct additional registration for military service; register
upon changes of place of residence/work; register for temporary absence for
violations prescribed in clause 1; points a, b, c, d and dd, clause 2 of this Article;
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Article 9. Violations regarding
preliminary health examination; health examination for military service/service
of People's Public Security
1. Any person who fails to comply
with the show-up time and location prescribed in the decision on summon for
preliminary health examination for military service/service of People's Public
Security issued by the competent authority without legitimate reasons shall be
liable to a fine of from VND 3.000.000 to VND 5.000.000.
2. Any person who refuses to
receive the decision on summon for preliminary health examination for military
service/service of People's Public Security issued by the competent authority
without legitimate reasons shall be liable to a fine of from VND 5.000.000 to VND
8.000.000.
3. Any person who fails to comply
with the show-up time and location prescribed in the decision on summon for
health examination for military service/service of People's Public Security issued
by the competent authority without legitimate reasons shall be liable to a fine
of from VND 15.000.000 to VND 20.000.000.
4. A fine of from VND 20.000.000 to
VND 30.000.000 shall be imposed on any of the following acts:
a) Obstruct citizens from receiving
the decision on summon for health examination for military service/service of
People's Public Security issued by the competent authority that is not serious
to an extent that the violators are liable to criminal prosecution;
b) Refuse to receive the decision
on summon for health examination for military service/service of People's
Public Security issued by the competent authority without legitimate reasons.
5. A fine of from VND 30.000.000 to
VND 40.000.000 shall be imposed on any of the following acts:
a) A person undergoing the health
examination commits fraud to falsify their health classification results in
order to evade military service/service of People's Public Security;
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6. Any person who fails to comply
with the decision on summon for health examination for military service/service
of People's Public Security shall be liable to a fine of from VND 50.000.000 to
VND 75.000.000.
Article 10. Violations regarding
conscription and fulfillment of service of People's Public Security
1. Any person who fails to comply
with the show-up time and location prescribed in the decision on summon for
conscription; decision on summon for fulfillment of service of People's Public
Security without legitimate reasons shall be liable to a fine of from VND
30.000.000 to VND 40.000.000.
2. A fine of from VND 40.000.000 to
VND 50.000.000 shall be imposed on any of the following acts:
a) Obstruct citizens from receiving
the decision on summon for conscription; decision on summon for fulfillment of
service of People's Public Security when they satisfy the health requirements
for conscription/fulfillment of service of People's Public Security as
prescribed by law that is not serious to an extent that the violators are
liable to criminal prosecution;
b) Commit fraudulent acts to evade
the decision on summon for conscription; decision on summon for fulfillment of
service of People's Public Security when they satisfy the health requirements
for conscription/fulfillment of service of People's Public Security as
prescribed by law.
3. Any person who fails to comply
with the decision on summon for conscription; decision on summon for
fulfillment of service of People's Public Security shall be liable to a fine of
from VND 50.000.000 to VND 75.000.000, except for cases prescribed in clauses 1
and 2 of this Article.
4. The following remedial measures
shall be applied: The violator prescribed in point b, clause 2 of this Article
is forced to fulfill military service/service of People's Public Security.
Article 11. Violations regarding
implementation of policies for non-commissioned officers and soldiers who have
completed military service/service of People’s Public Security
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2. The following remedial measures
shall be applied:
The violator committing violations
as prescribed in clause 1 of this Article is forced to readmission
non-commissioned officers and soldiers who have completed military
service/service of People’s Public Security to school; receive and assign works
for non-commissioned officers and soldiers who have completed military
service/service of People’s Public Security at their previous units or
organizations.
Section 2. VIOLATIONS REGARDING
MILITARY RESERVE FORCES
Article 12. Violations regarding
registration for reserve officers
1. A fine of from VND 8.000.000 to
VND 10.000.000 shall be imposed on any of the following acts:
a) Fail to register for reserve
officers for the first time within 15 working days from the date of arriving at
the place of residence/work in accordance with the introduction note of the
competent authority or unit;
b) Fail to conduct additional
registration within 15 working days from the date on which the reserve officer
makes changes to registered factors;
c) Fail to register before moving
from one commune-level administrative division to another within 15 working
days from the date of arriving at the new place of work;
d) Fail to register for temporary
absence from domestic place of residence/work within 30 days; fail to register
for temporary absence due to business trips, studying, working abroad or
leaving the country for personal reasons with the duration of more than 01
year; fail to re-register within 15 working days from the date of returning
from abroad to place of residence/work.
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Article 13. Violations regarding
training for reserve officers
1. Any person who fails to comply
with the show-up time and location prescribed in the summons for health
examination of reserve officers or conscripted persons for training for reserve
officers shall be liable to a fine of from VND 10.000.000 to VND 15.000.000.
2. A fine of from VND 15.000.000 to
VND 20.000.000 shall be imposed on any of the following acts:
a) A person undergoing the health
examination commits fraud to falsify their health classification results in
order to evade reserve officer’s responsibilities or training for reserve
officers;
b) Offer or receive money, property
or other material benefits valued at less than VND 2.000.000 to officers,
medical staff or other people in order to falsify the health classification
results of reserve officers or conscripted persons for training for reserve
officers.
3. Any person who fails to receive
reserve officers to work at their previous units or organizations after their
training shall be liable to a fine of from VND 20.000.000 to VND 30.000.000.
4. The following remedial measures
shall be applied: The violator committing violations as prescribed in clause 3
of this Article is forced to receive reserve officers to work at their previous
units or organizations after their training.
Article 14. Violations regarding
training, exercise or inspection of mobilization and fighting readiness
1. Any person who commits fraud to
falsify health classification results of reserve servicemen in order to evade
orders for training or exercise shall be liable to a fine of from VND
10.000.000 to VND 15.000.000.
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3. Any person who fails to allocate
time for reserve servicemen to participate in training, exercise or inspection
of mobilization and fighting readiness shall be liable to a fine of from VND
20.000.000 to VND 30.000.000.
4. Any person who fails to receive
and assign works for reserve servicemen at their previous units or
organizations after training, exercise or inspection of mobilization and
fighting readiness shall be liable to a fine of from VND 30.000.000 to VND
40.000.000.
5. The following remedial measures
shall be applied: The violator committing violations prescribed in clause 3 of
this Article is forced to receive and assign works for reserve servicemen at
their previous units or organizations after training, exercise or inspection of
mobilization and fighting readiness.
Article 15. Violations regarding
mobilization of technical equipment
1. Any person who fails to comply
with the decision or order regarding mobilization of reserve technical
equipment that has been assigned to the reserve unit for training, exercises
and inspection of the reserve unit during peacetime shall be liable to a fine
of from VND 15.000.000 to VND 20.000.000.
2. The following remedial measures
shall be applied: The violator committing violation prescribed in clause 1 of
this Article is forced to carry out decision or order regarding mobilization of
reserve technical equipment.
Section 3. VIOLATIONS REGARDING
MILITIA AND SELF-DEFENSE FORCES
Article 16. Violations regarding
organization of militia and self-defense forces
1. Any person who obstructs the
organization of militia and self-defense forces; obstruct the implementation of
the decision on expansion of militia and self-defense forces issued by the
competent authority shall be liable to a fine of from VND 10.000.000 to VND
15.000.000.
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3. A fine of from VND 50.000.000 to
VND 75.000.000 shall be imposed on any of the following acts:
a) Establish or organize militia
and self-defense forces against the law;
b) Fail to comply with the decision
on expansion of militia and self-defense forces issued by the competent
authority.
4. The following remedial measures
shall be applied: The militia and self-defense forces that are established or
organized against the law are forced to be dissolved for violations prescribed
in point a, clause 3 of this Article.
Article 17. Violations regarding
fulfillment of service of militia and self-defense forces
1. Any person who evades service of
militia and self-defense forces shall be liable to a fine of from VND 3.000.000
to VND 5.000.000.
2. Any person who obstructs other
people to fulfill their service of militia and self-defense forces shall be
liable to a fine of from VND 5.000.000 to VND 8.000.000.
3. Any person who voluntarily
ceases to fulfill service of militia and self-defense forces without a decision
on dismissal from militia and self-defense forces before time limit or removal
from list of militia and self-defense forces of issued by the competent
authority shall be liable to a fine of from VND 8.000.000 to VND 10.000.000.
4. The following remedial measures
shall be applied: The violator committing violations prescribed in clause 1 of
this Article is forced to fulfill service of militia and self-defense forces.
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1. Any person who evades training
for militia and self-defense forces shall be liable to a fine of from VND
8.000.000 to VND 10.000.000.
2. Any person who obstructs other
people to participate in training for militia and self-defense forces shall be
liable to a fine of from VND 10.000.000 to VND 15.000.000.
3. Any person who fails to comply
with the decision on mobilization for training for militia and self-defense
forces shall be liable to a fine of from VND 15.000.000 to VND 20.000.000.
4. The following remedial measures
shall be applied: The violator committing violations prescribed in clauses 1
and 3 of this Article is forced to participate in training for militia and
self-defense forces.
Article 19. Violations regarding
implementation of tasks of militia and self-defense forces
1. Any person who evades the
decision on mobilization of militia and self-defense forces for implementation
of tasks as prescribed by law shall be liable to a fine of from VND 10.000.000
to VND 20.000.000.
2. A fine of from VND 20.000.000 to
VND 40.000.000 shall be imposed on any of the following acts:
a) Obstruct the implementation of
the decision on mobilization of militia and self-defense forces for
implementation of tasks issued by the competent state authority in accordance
with the law;
b) Obstruct militia and
self-defense forces to implement their tasks.
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4. The following remedial measures
shall be applied: The violator committing violations prescribed in clause 1 of
this Article is forced to comply with the decision on mobilization of militia
and self-defense forces for implementation of tasks.
Section 4. VIOLATIONS REGARDING
CIVIL DEFENSE
Article 20. Violations regarding
mobilization of forces, equipment and properties for civil defense
1. Any person who obstructs the
implementation of the decision on mobilization of forces, equipment and
properties for civil defense issued by the competent authority shall be liable
to a fine of from VND 8.000.000 to VND 10.000.000.
2. Any person who fails to comply
with the decision on mobilization of forces, equipment and properties for civil
defense issued by the competent authority shall be liable to a fine of from VND
10.000.000 to VND 15.000.000.
3. The following remedial measures
shall be applied: The violator committing violations prescribed in clause 1 of
this Article is forced to comply with the decision on mobilization of forces,
equipment and properties for civil defense issued by the competent authority .
Article 21. Violations regarding
training and exercise for civil defense
1. Any person who fails to comply
with the decision on mobilization for training and exercise for civil defense
issued by the competent authority shall be liable to a fine of from VND
5.000.000 to VND 10.000.000.
2. Any person who fails to allocate
time for people who are mobilized for training and exercise for civil defense in
accordance with the plan of the competent authority shall be liable to a fine
of from VND 10.000.000 to VND 15.000.000.
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Article 22. Violations regarding
civil defense activities
1. Any person who refuses to
participate in search and rescue activities in favorable conditions shall be
liable to a fine of from VND 5.000.000 to VND 10.000.000.
2. Any person who provides false
information on incidents and disasters shall be liable to a fine of from VND
10.000.000 to VND 20.000.000.
3. Any person who obstructs or intentionally
delay the implementation of directives and commands for civil defense of the
competent authority or person shall be liable to a fine of from VND 20.000.000
to VND 30.000.000.
4. A fine of from VND 50.000.000 to
VND 75.000.000 shall be imposed on any of the following acts:
a) Fails to comply with the
decision on mobilization of manpower, equipment, properties and essential
supplies to serve emergency response activities issued by the competent
authority;
b) Fails to comply with the
directives and commands for civil defense of the competent authority or person.
5. The following remedial measures
shall be applied:
a) The violator committing
violations prescribed in clause 2 of this Article is forced to correct false or
misleading information on incidents or disasters;
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Article 23. Violations regarding
management and protection of civil defense equipment and works
1. Any person who damages civil
defense equipment and works shall be liable to a fine of from VND 8.000.000 to
VND 10.000.000.
2. Any person who obstructs the
management and protection of civil defense equipment and works of management
and protection forces or authorities, organizations, individuals shall be
liable to a fine of from VND 10.000.000 to VND 20.000.000.
3. Any person who fails to comply
with the request of management and protection forces or authorities,
organizations, individuals responsible for management and protection of civil
defense equipment and works shall be liable to a fine of from VND 20.000.000 to
VND 30.000.000.
4. Any person who destroys or
appropriates civil defense equipment and works shall be liable to a fine of
from VND 30.000.000 to VND 50.000.000.
Article 24. Violations regarding
use of civil defense equipment and works
. Any person who uses civil defense
equipment for inappropriate purpose or misuses the functions of civil defense
works shall be liable to a fine of from VND 5.000.000 to VND 8.000.000.
2. Any person who creates obstacles
to obstruct civil defense activities shall be liable to a fine of from VND
8.000.000 to VND 10.000.000.
3. The following remedial measures
shall be applied: The violator committing violations prescribed in clause 2 of
this Article is forced to dismantle or remove obstacles.
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Article 25. Violations regarding
development and mobilization for participation in People’s air defense force
1. Any person who evades the
implementation of decision on mobilization for participation in People’s air
defense force issued by the competent authority shall be liable to a fine of from
VND 5.000.000 to VND 10.000.000.
2. Any person who obstructs the
development of People’s air defense force or obstructs the implementation of
decision on mobilization for participation in People’s air defense force issued
by the competent authority shall be liable to a fine of from VND 10.000.000 to
VND 15.000.000.
3. Any person who fails to comply
with the decision on development of People’s air defense force or the decision
on mobilization for participation in People’s air defense force issued by the competent
authority shall be liable to a fine of from VND 10.000.000 to VND 20.000.000.
4. The following remedial measures
shall be applied: The violator committing violations prescribed in clauses 1
and 3 of this Article is forced to comply with the decision on mobilization for
participation in People’s air defense force issued by the competent authority.
Article 26. Violations regarding
training and exercise for People’s air defense
1. Any person who fails to comply
with the decision on mobilization for training and exercise for People’s air
defense issued by the competent authority shall be liable to a fine of from VND
5.000.000 to VND 10.000.000.
2. Any person who fails to allocate
time for people who are mobilized for training and exercise for People’s air
defense issued by the competent authority shall be liable to a fine of from VND
10.000.000 to VND 15.000.000.
3. The following remedial measures
shall be applied: The violator committing violations prescribed in clause 1 of
this Article is forced to participate in training and exercise for People’s air
defense.
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1. Any person who mobilizes the
People’s air defense force for purposes other than the approved plan of the
competent authority shall be liable to a fine of from VND 10.000.000 to VND
20.000.000.
2. Any person who mobilizes the
People’s air defense force against the approved plan of the competent authority
shall be liable to a fine of from VND 20.000.000 to VND 30.000.000.
3. Any person who obstructs or
intentionally delay the implementation of directives and commands for People’s
air defense of the competent authority or person shall be liable to a fine of
from VND 30.000.000 to VND 50.000.000.
Article 28. Violations regarding
management and protection of People’s air defense equipment and works
1. Any person who commits the
following acts shall be liable to a fine of from VND 5.000.000 to VND
10.000.000: film, photograph, measure, draw and collect information on the
location, function, structure and records related to People’s air defense works
without proper authority, responsibility or approval from the competent
authority.
2. Any person who damages People’s
air defense equipment and works shall be liable to a fine of from VND 10.000.000
to VND 20.000.000.
3. Any person who obstructs the
management and protection of People’s air defense equipment and works of
management and protection forces or authorities, organizations, individuals
shall be liable to a fine of from VND 20.000.000 to VND 30.000.000.
4. Any person who fails to comply
with the request of management and protection forces or authorities,
organizations, individuals responsible for management and protection of
People’s air defense equipment and works shall be liable to a fine of from VND
30.000.000 to VND 50.000.000.
5. A fine of from VND 50.000.000 to
VND 75.000.000 shall be imposed on any of the following acts: Seize or destroy
dossiers, documents and information on People’s air defense works; destroy or
seize People’s air defense equipment and works; provide information or tip off
that exposes targets, positions, plans, technical equipment or combat works of
People’s air defense that are not serious to an extent that the violators are
liable to criminal prosecution.
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7. The following remedial measures
shall be applied: The violator committing violations prescribed in clause 1 of
this Article is forced to return the amount equivalent to the value of
evidences and means of administrative violations that have been consumed,
dispersed or destroyed against the law.
Article 29. Violations regarding
use of People’s air defense equipment and works
1. Any person who uses People’s air
defense equipment for inappropriate purpose or misuses the functions of
People’s air defense works shall be liable to a fine of from VND 5.000.000 to
VND 8.000.000.
2. Any person who creates obstacles
to obstruct People’s air defense activities shall be liable to a fine of from
VND 8.000.000 to VND 10.000.000.
3. The following remedial measures
shall be applied: The violator committing violations prescribed in clause 2 of
this Article is forced to dismantle or remove obstacles.
Section 6. VIOLATIONS REGARDING
PROTECTING AND COUNTERING THE PROLIFERATION OF WEAPONS OF MASS DESTRUCTION
Article 30. Violations regarding
provision and notification of information on protecting and countering the proliferation
of weapons of mass destruction
1. Any person who fails to provide
the information on protecting and countering the proliferation of weapons of
mass destruction to the competent authority shall be liable to a fine of from
VND 20.000.000 to VND 30.000.000.
2. The following remedial measures
shall be applied: The violator committing violations prescribed in clause 1 of
this Article is forced to provide information on protecting and countering the
proliferation of weapons of mass destruction.
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1. A fine of from VND 15.000.000 to
VND 20.000.000 shall be imposed on any of the following acts:
a) Fails to update the list of
suspended organizations and individuals;
b) Fails to the list of
organizations and individuals removed from the list of suspension.
2. The following remedial measures
shall be applied:
a) The violator committing violations
prescribed in point a, clause 1 of this Article is forced to update the list of
suspended organizations and individuals;
b) The violator committing
violations prescribed in point b, clause 1 of this Article is forced to update
the list of organizations and individuals removed from the list of suspension.
Article 32. Violations regarding
sponsorship of proliferation of weapons of mass destruction
1. Any person who provides money or
properties to organizations or individuals related to the proliferation of
weapons of mass destruction shall be liable to a fine of from VND 50.000.000 to
VND 75.000.000, except in cases where it is permitted, authorized or notified
in accordance with relevant resolutions of the United Nations Security Council.
2. The following additional
penalties shall be applied:
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b) The foreigner committing
violations prescribed in clause 1 of this Article shall be expelled.
3. The following remedial measures
shall be applied: The violator committing violations prescribed in clause 1 of
this Article is forced to return the amount equivalent to the value of
evidences and means of administrative violations that have been consumed,
dispersed or destroyed against the law.
Section 7. VIOLATIONS REGARDING
MANAGEMENT AND PROTECTION OF HO CHI MINH MAUSOLEUM
Article 33. Violations regarding
management and protection of Ho Chi Minh Mausoleum
1. Any person who writes, draws,
defaces or desecrates the works within the Ho Chi Minh Mausoleum shall be
liable to a fine of from VND 3.000.000 to VND 5.000.000
2. Any person who gathers a large
crowd illegally within protected areas of Ho Chi Minh Mausoleum shall be liable
to a fine of from VND 5.000.000 to VND 8.000.000.
3. A fine of from VND 20.000.000 to
VND 30.000.000 shall be imposed on any of the following acts:
a) Destroy special landscape
forests in the K9 Historical Site;
b) Disrupt the security and order
in the protected areas of Ho Chi Minh Mausoleum that are not serious to an
extent that the violators are liable to criminal prosecution.
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Article 34. Violations regarding
operations of Ho Chi Minh Mausoleum
1. A fine of from VND 5.000.000 to
VND 10.000.000 shall be imposed on any of the following acts:
a) Obstruct or fail to comply with
the inspection, control or orders of the management and security forces of Ho
Chi Minh Mausoleum;
b) Make threatening statements or
actions, insult or offend the honor and dignity of the management and security
forces of Ho Chi Minh Mausoleum while they are performing their tasks;
c) Organize, instigate, assist,
persuade or incite other people to disobey the inspection, control or orders of
the management and security forces of Ho Chi Minh Mausoleum.
2. A fine of from VND 20.000.000 to
VND 30.000.000 shall be imposed on any of the following acts:
a) Film or photograph in restricted
areas, protected areas that are not allowed to film or photograph;
b) Use violence or threaten to use
violence against the management and security forces of Ho Chi Minh Mausoleum
while they are performing their tasks that are not serious to an extent that
the violators are liable to criminal prosecution;
c) Damage properties or means of
the management and security forces of Ho Chi Minh Mausoleum while they are
performing their tasks;
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4. The following additional penalties
shall be applied: The evidences, means of administrative violations prescribed
in clause 2 of this Article shall be confiscated.
5. The following remedial measures
shall be applied:
a) The violator committing
violations prescribed in point b, clause 1 of this Article is forced to make
public apology;
b) The violator committing
violations prescribed in point a, clause 2 of this Article is forced to return
the amount equivalent to the value of evidences and means of administrative
violations that have been consumed, dispersed or destroyed against the law.
Article 35. Violations regarding
protection of equipment and works of Ho Chi Minh Mausoleum
1. Any person who disposes toxic
waste or chemicals within Ho Chi Minh Mausoleum shall be liable to a fine of from
VND 5.000.000 to VND 8.000.000.
2. Any person who creates obstacles
to obstruct operations within Ho Chi Minh Mausoleum shall be liable to a fine
of from VND 8.000.000 to VND 10.000.000.
3. Any person who violates
regulations on protection and use, or damages the equipment and works of Ho Chi
Minh Mausoleum with a value under VND 100.000.000 shall be liable to a fine of
from VND 20.000.000 to VND 30.000.000.
4. Any person who destroys
appropriates the equipment and works of Ho Chi Minh Mausoleum that are not
serious to an extent that the violator is liable to criminal prosecution shall
be liable to a fine of from VND 50.000.000 to VND 75.000.000.
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a) The violator committing
violations prescribed in clause 1 of this Article is forced to remove toxic
waste or chemicals out of Ho Chi Minh Mausoleum;
b) The violator committing
violations prescribed in clause 2 of this Article is forced to dismantle or
remove obstacles.
Section 8. VIOLATIONS REGARDING
NATIONAL DEFENSE AND SECURITY INDUSTRY AND INDUSTRIAL MOBILIZATION
Article 36. Violations regarding
participation in national defense and security industry
1. Any person who fails to comply
with the inspection or reporting regime regarding national defense and security
industry shall be liable to a fine of from VND 3.000.000 to VND 5.000.000.
2. Any person who does not maintain
the conditions of infrastructure, manpower, equipment of facilities
participating in national defense and security industry shall be liable to a
fine of from VND 5.000.000 to VND 10.000.000.
3. A fine of from VND 10.000.000 to
VND 20.000.000 shall be imposed on any of the following acts:
a) Participate in national defense
and security industry inconsistent with the assigned scope;
b) Participate in national defense
and security industry inconsistent with the assigned tasks;
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d) Participate in national defense
and security industry inconsistent with the assigned sector.
4. Any person who exploits or uses
equipment and properties of national defense industry facilities assigned by
the State shall be liable to a fine of from VND 20.000.000 to VND 30.000.000.
5. Any person who purchases, sells,
donates, leases, pledges or mortgages equipment or other properties of national
defense industry facilities assigned by the State shall be liable to a fine of
from VND 30.000.000 to VND 50.000.000.
6. Any person who destroys or
intentionally damages equipment and properties of national defense industry
facilities assigned by the State shall be liable to a fine of from VND
50.000.000 to VND 75.000.000.
7. The following remedial measures
shall be applied: The violator is forced to return the illegal gains obtained
from committing administrative violations prescribed in clauses 3, 4 and 5 of
this Article.
Article 37. Violations regarding
industrial mobilization
1. Any person who fails to provide
full and accurate information on production and repairing capacity of the enterprise
to surveying authorities shall be liable to a fine of from VND 5.000.000 to VND
10.000.000.
2. A fine of from VND 10.000.000 to
VND 20.000.000 shall be imposed on any of the following acts:
a) Fail to provide full and
accurate information on production and repairing capacity of the enterprise to
surveying authorities;
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3. A fine of from VND 20.000.000 to
VND 40.000.000 shall be imposed on any of the following acts:
a) Fail to cooperate with surveying
authorities in conducting survey on production and repairing capacity of
industrial enterprises;
b) Fail to provide information on
production and repairing capacity of the enterprise to surveying authorities.
4. A fine of from VND 50.000.000 to
VND 75.000.000 shall be imposed on any of the following acts:
a) Fail to carry out tasks or evade
responsibility for preparation and implementation of assigned industrial
mobilization tasks;
b) Fail to comply with the decision
on relocation of industrial mobilization facilities issued by the competent
authority;
c) Fail to comply with the decision
on mobilization for participation in exercise for industrial mobilization.
5. The following remedial measures
shall be applied:
a) The violator committing
violations prescribed in clauses 1 and 2 of this Article is forced to provide
full and accurate information on production and repairing capacity of the
enterprise to surveying authorities;
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Article 38. Violations regarding
management and use of equipment and materials for industrial mobilization
1. A fine of from VND 3.000.000 to
VND 5.000.000 shall be imposed on industrial facilities of which equipment is
assigned by the State for committing any of the following acts:
a) Fail to make the record on the
use and changes o the assigned equipment;
b) Fail to development regulations
on management and use of assigned equipment;
c) Fail to carry out the inventory
of the quantity and quality of the assigned equipment;
d) Fail to report to the competent
authority on the result of the inventory of the quantity and quality of the
assigned equipment.
2. A fine of from VND 8.000.000 to
VND 12.000.000 shall be imposed on any of the following acts:
a) Fail to report to the superior
authority or submit the request for use of equipment assigned by the State for
production and repairing the equipment outside of the industrial mobilization
plan to the Minister of National Defense;
b) Fail to submit written report to
the authority issuing the decision on establishment of the enterprises and the
Ministry of National Defense when there is a decision on merger, division,
dissolution, transfer of ownership to another entity; or there is a request for
bankruptcy ; or when technological upgrades have been completed resulting in
the inability to fulfill industrial mobilization tasks.
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a) Use equipment outside the
industrial mobilization plan or inconsistent with the permitted content and
duration;
b) Use materials assigned by the
State to produce industrial mobilization products for purposes other than those
prescribed in the assigned mobilization plan;
c) Use depreciation reserves of
State-invested assets for unauthorized purposes.
4. A fine of from VND 30.000.000 to
VND 50.000.000 shall be imposed on any of the following acts:
a) Fail to fully hand over
transferred technological materials and equipment assigned by the State when
there is a decision on revocation;
b) Purchase, sell, donate, lease,
pledge or mortgage the technical equipment, technical professional means,
technical materials and industrial mobilization products assigned to industrial
mobilization facilities by the State.
5. A fine of from VND 50.000.000 to
VND 75.000.000 shall be imposed on any of the following acts:
a) Destroy or lose technology
documents serving industrial mobilization assigned by the State;
b) Destroy or intentionally damage
equipment and other properties assigned to industrial mobilization facilities
by the State.
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a) The violator committing
violations prescribed in point d, clause 3 of this Article is forced to return
the amount of property depreciation that is invested for improper purposes;
b) The technology equipment and
documents serving industrial mobilization assigned by the State shall be
revoked for violations prescribed in clause 4 of this Article;
c) The violator is forced to return
the illegal gains obtained from committing violations prescribed in points b
and c, clause 3; illegal purchasing, selling, donating, leasing, pledging or
mortgaging the technical equipment, technical professional means, technical
materials and industrial mobilization products serving industrial mobilization
as prescribed in point b, clause 4 of this Article.
Article 39. Violations regarding
industrial mobilization products
1. Any person who fails to deliver
sufficient amount of industrial mobilization products shall be liable to a fine
of from VND 20.000.000 to VND 30.000.000.
2. Any person who delivers
industrial mobilization products of insufficient quality shall be liable to a
fine of from VND 30.000.000 to VND 40.000.000.
3. Any person who uses industrial
mobilization products for business, donation, leasing, pledging, mortgaging or
transferring ownership shall be liable to a fine of from VND 40.000.000 to VND
50.000.000.
4. The following remedial measures
shall be applied: The violator is forced to return the illegal gains obtained
from using industrial mobilization products for business, donation, leasing,
pledging, mortgaging or transferring ownership as prescribed in clause 3 of
this Article.
Section 9. VIOLATIONS REGARDING
MANAGEMENT AND PROTECTION OF WORKS OF NATIONAL DEFENSE AND MILITARY ZONES
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1. Any person who intentionally
enter or travel within restricted areas of works of national defense and
military zones without approval of the competent authority shall be liable to a
fine of from VND 3.000.000 to VND 5.000.000.
2. A fine of from VND 5.000.000 to
VND 8.000.000 shall be imposed on any of the following acts:
a) Enable toxic chemicals to
infiltrate national defense works or enable waste to erode and destroy the
structures and equipment of national defense works;
b) Install equipment in restricted
areas that affects the structure, function, safety or confidentiality of works
of national defense and military zones;
c) Damage or move boundary markers,
boundary walls, fences or warning signs of works of national defense and
military zones;
d) Destroy or kill camouflage trees
within restricted areas of works of national defense and military zones;
dd) Film, photograph, record,
measure or draw within restricted areas of works of national defense and
military zones without approval of the competent authority.
3. Any person who collects
information on the location, function, structure or record related to works of
national defense and military zones within restricted areas without proper
duties or approval of the competent authority.
4. Any person who obstructs the
management and protection of restricted areas of works of national defense and
military zones of management and protection forces or authorities, organizations,
individuals shall be liable to a fine of from VND 20.000.000 to VND 25.000.000.
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6. The following additional
penalties shall be applied: The evidences, means of administrative violations
prescribed in clauses 2 and 3 of this Article shall be confiscated.
7. The following remedial measures
shall be applied:
a) The violator committing
violations prescribed in point a, clause 2 of this Article is forced to remove
toxic waste or chemicals out of national defense works;
b) The violator committing
violations prescribed in point b, clause 2 of this Article is forced to remove
equipment out of national defense works;
c) The violator committing
violations prescribed in points c and d, clause 2 of this Article is forced to
restore the original state of the works;
d) The violator committing
violations prescribed in clauses 2 and 3 of this Article is forced to return
the amount equivalent to the value of evidences and means of administrative
violations that have been consumed, dispersed or destroyed against the law.
Article 41. Violations committed
in protected areas of works of national defense and military zones (except for
works prescribed in points a and d, clause 5, Article 6 of the Law on
Management and Protection of Works of national defense and military zones)
1. Any person who engages in
tourism activities within protected areas of works of national defense and
military zones (Group I, Group II, and Group III) without approval of the
competent authority shall be liable to a fine of from VND 5.000.000 to VND
10.000.000.
2. Any person who obstructs the
management and protection of protected areas of works of national defense and
military zones of management and protection forces or authorities,
organizations, individuals shall be liable to a fine of from VND 15.000.000 to
VND 20.000.000.
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4. Anyone who film, photograph,
record, investigate, survey, locate, measure, draw, take note or described works
of national defense and military zones (Special Group) without approval of the
competent authority shall be liable to a fine of from VND 30.000.000 to VND
50.000.000.
5. The following additional
penalties shall be applied: The evidences, means of administrative violations
prescribed in clause 4 of this Article shall be confiscated.
6. The following remedial measures
shall be applied:
a) The violator committing
violations prescribed in clause 1 of this Article is forced to move out of
protected areas of works of national defense and military zones;
b) The violator committing
violations prescribed in clause 4 of this Article is forced to return the
amount equivalent to the value of evidences and means of administrative
violations that have been consumed, dispersed or destroyed against the law.
Article 42. Violations committed
in safety zones of works of national defense and military zones; safety zones
of ammunition depots and technical safety corridor of the military antenna
system (except for works prescribed in points a and d, clause 5, Article 6 of
the Law on Management and Protection of Works of national defense and military
zones)
1. Any person who anchors or
parking transportation vehicles; goes hunting; engages in tourism or mass
gathering activities within the safety zones of ammunition depots without
approval of the competent authority shall be liable to a fine of from VND
4.000.000 to VND 8.000.000.
2. Any person who uses fire;
explosive materials; flammable or explosive devices; airborne incendiary object
within the safety zones of ammunition depots shall be liable to a fine of from
VND 8.000.000 to VND 10.000.000.
3. Any person who builds houses,
works or architectural structures that violate the minimum distance
requirements for antenna obstacles within the technical safety corridor as
prescribed by the Government; goes hunting; detonates explosives; engages in
tourism or mass gathering activities within a 500-meter radius from the outer
edge of the military antenna system without approval of the competent authority
shall be liable to a fine of from VND 10.000.000 to VND 20.000.000.
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5. Any person who establishes or
expands tourism sites and investment projects for socio-economic development
within safety zones of works of national defense and military zones (Special
Group) without written approval of the Ministry of National Defense shall be
liable to a fine of from VND 30.000.000 to VND 50.000.000.
6. The following additional
penalties shall be applied: The evidences, means of administrative violations
prescribed in clauses 2, 3, 4 and 5 of this Article shall be confiscated.
7. The following remedial measures
shall be applied:
a) The violator committing
violations prescribed in clauses 3, 4 and 5 of this Article is forced to move
out of works of national defense and military zones;
b) The violator committing
violations prescribed in clauses 3, 4 and 5 of this Article is forced to
restore the original state of the works;
c) The violator committing
violations prescribed in clauses 2, 3, 4 and 5 of this Article is forced to
return the amount equivalent to the value of evidences and means of
administrative violations that have been consumed, dispersed or destroyed
against the law.
Article 43. Violations regarding
use of works of national defense and military zones
1. Any person who builds or
installs equipment that affects the architecture, structure, function, safety
and security of national defense works shall be liable to a fine of from VND
10.000.000 to VND 20.000.000.
2. Any person who uses equipment
and materials of national defense works for inappropriate purpose shall be
liable to a fine of from VND 20.000.000 to VND 30.000.000.
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4. Any person who renovates works
of national defense or military zones without approval of the competent
authority shall be liable to a fine of from VND 40.000.000 to VND 50.000.000.
5. The following remedial measures
shall be applied: The violator committing violations prescribed in clauses 1, 2
and 3 of this Article is forced to restore the original state of the works of
national defense or military zones;
Section 10. VIOLATIONS REGARDING
USE OF CERTIFICATES OF REGISTRATION OF MILITARY VEHICLES; MILITARY DRIVING
LICENSES; AND USE, TRADING, PRODUCTION OF LICENSE PLATES FOR MILITARY VEHICLES
AND MEANS OPERATING IN THE FIELD OF INLAND WATERWAYS AND MARITIME NAVIGATION
(HEREINAFTER REFERRED TO AS MILITARY VEHICLES AND MEANS)
Article 44. Violations regarding
use of certificates of registration of military vehicles and military driving
licenses
1. Any person who operates military
vehicles and means without valid driving licenses or licenses for operating
watercraft (licenses with serial numbers printed on the back that do not match
those issued by the competent authority) shall be liable to a fine of from VND
5.000.000 to VND 10.000.000.
2. A fine of from VND 10.000.000 to
VND 15.000.000 shall be imposed on any of the following acts:
a) Operators of military vehicles
and means who hold driving licenses or licenses for operating watercraft that
are not appropriate for the type of vehicle or mean being operated;
b) Operators of military vehicles
and means who do not hold driving licenses or licenses for operating
watercraft, or who hold licenses not issued by the competent authority;
c) Operators of military vehicles
and means who use driving licenses or licenses for operating watercraft that
have been altered or erased.
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4. The following remedial measures
shall be applied: The violator committing violations prescribed in point c,
clause 2 of this Article is forced to return driving licenses/licenses for
operating watercraft that have been erased or altered to the issuing authority.
Article 45. Violations regarding
use, trading and production of license plates for military vehicles and means
(hereinafter referred to as military license plates)
1. Any person who uses military
license plates that are inconsistent with certificates of registration of
military vehicles/means, or affixes plates that are not issued by the competent
authority shall be liable to a fine of from VND 5.000.000 to VND 10.000.000.
2. Any person who lends or leases
military license plates to affix on other vehicles or means shall be liable to
a fine of from VND 10.000.000 to VND 20.000.000.
3. Any person who illegally
purchases and sells military license plates shall be liable to a fine of from
VND 20.000.000 to VND 30.000.000.
4. Any person who illegally
produces military license plates shall be liable to a fine of from VND
30.000.000 to VND 50.000.000.
5. The following additional
penalties shall be applied: The evidences, means of administrative violations
prescribed in clauses 1, 2 and 3 of this Article shall be confiscated.
6. The following remedial measures
shall be applied:
a) The violator is forced to return
the illegal gains obtained from leasing, trading and producing military license
plates as prescribed in clauses 2, 3 and 4 of this Article;
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Section 11. VIOLATIONS REGARDING
USE, TRADING AND PRODUCTION OF MILITARY EQUIPMENT OF THE ARMY; UNIFORMS OF
MILITIA AND SELF-DEFENSE FORCE; WORK BADGES AND ENSIGNS
Article 46. Violations regarding
use of military equipment of the Army
1. A fine of from VND 3.000.000 to
VND 5.000.000 shall be imposed on any of the following acts:
a) Illegally wear military uniform
with shoulder boards, unit badge, pine branch insignia, military name tag and
military branch symbols;
b) Wear uniform of the militia and
self-defense force when not on duty;
c) Illegal wear hat attached with
military insignia or insignia of militia and self-defense force.
2. The following additional
penalties shall be applied: The evidences, means of administrative violations
prescribed in clause 1 of this Article shall be confiscated.
3. The following remedial measures
shall be applied: The violator committing violations prescribed in clause 1 of
this Article is forced to return the amount equivalent to the value of
evidences and means of administrative violations that have been consumed,
dispersed or destroyed against the law.
Article 47. Violations regarding
management of military equipment of the Army
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2. Any person who illegally
exchanges military insignia, shoulder boards, unit badge, pine branch insignia,
military name tags, military branch symbols, kepi hats, field hats, ceremonial
uniforms, regular military uniforms, field uniforms, service uniforms of the
Army, uniforms, hat stars, badges of the militia and self-defense force, and
other types of military gears where the total value is under VND 100.000.000;
and obtains illegal gains of under VND 50.000.000 shall be liable to a fine of
from VND 20.000.000 to VND 30.000.000.
3. Any person who illegally
purchases and sells military insignia, shoulder boards, unit badge, pine branch
insignia, military name tags, military branch symbols, kepi hats, field hats,
ceremonial uniforms, regular military uniforms, field uniforms, service
uniforms of the Army, uniforms, hat stars, badges of the militia and
self-defense force, and other types of military gears where the total value is
under VND 100.000.000; and obtains illegal gains of under VND 50.000.000 shall
be liable to a fine of from VND 50.000.000 to VND 75.000.000.
4. The following additional
penalties shall be applied: The evidences, means of administrative violations
prescribed in clauses 1, 2 and 3 of this Article shall be confiscated.
5. The following remedial measures
shall be applied:
a) The violator is forced to return
illegal gains obtained from trading military insignia, shoulder boards, unit
badge, pine branch insignia, military name tags, military branch symbols, kepi
hats, field hats, ceremonial uniforms, regular military uniforms, field
uniforms, service uniforms of the Army, uniforms, hat stars, badges of the
militia and self-defense force, and other types of military gears as prescribed
in clauses 2 and 3 of this Article;
b) The violator committing
violations prescribed in clauses 1, 2 and 3 of this Article is forced to return
the amount equivalent to the value of evidences and means of administrative
violations that have been consumed, dispersed or destroyed against the law.
Article 48. Violations regarding
production of military equipment of the Army
1. A fine of from VND 30.000.000 to
VND 40.000.000 shall be imposed on any of the following acts:
a) Illegally produce military insignia,
shoulder boards, unit badge, pine branch insignia, military name tags, military
branch symbols, kepi hats, field hats, ceremonial uniforms, regular military
uniforms, field uniforms, service uniforms of the Army, uniforms, hat stars,
badges of the militia and self-defense force, and other types of military gears
where the total value is under VND 100.000.000; and obtains illegal gain of
under VND 50.000.000;
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2. The following additional
penalties shall be applied: The evidences, means of administrative violations
prescribed in clause 1 of this Article shall be confiscated.
3. The following remedial measures
shall be applied:
The violator is forced to return
illegal gains obtained from illegal production or fabrication of military
insignia, shoulder boards, unit badge, pine branch insignia, military name
tags, military branch symbols, kepi hats, field hats, ceremonial uniforms,
regular military uniforms, field uniforms, service uniforms of the Army, uniforms,
hat stars, badges of the militia and self-defense force, and other types of
military gears as prescribed in clause 1 of this Article;
b) The violator committing
violations prescribed in clause 1 of this Article is forced to return the
amount equivalent to the value of evidences and means of administrative
violations that have been consumed, dispersed or destroyed against the law.
Article 49. Violations regarding
use of work badges, ensigns and priority signals that are designated for the
Army while on duty
1. Any person who illegally uses
work badges, ensigns and priority signals that are designated for the Army
while on duty shall be liable to a fine of from VND 3.000.000 to VND 5.000.000.
2. Any person who illegally
purchases and sells work badges and ensigns that are designated for the Army
while on duty shall be liable to a fine of from VND 5.000.000 to VND
10.000.000.
3. The following additional
penalties shall be applied: The evidences, means of administrative violations
prescribed in clauses 1 and 2 of this Article shall be confiscated.
4. The following remedial measures
shall be applied:
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b) The violator committing
violations prescribed in clause 2 of this Article is forced to return the
amount equivalent to the value of evidences and means of administrative
violations that have been consumed, dispersed or destroyed against the law.
Article 50. Violations regarding
production of work badges and ensigns that are designated for the Army while on
duty
1. Any person who illegally
produces work badges and ensigns that are designated for the Army while on duty
shall be liable to a fine of from VND 30.000.000 to VND 50.000.000.
2. The following additional
penalties shall be applied: The evidences, means of administrative violations
prescribed in clause 1 of this Article shall be confiscated.
3. The following remedial measures
shall be applied:
a) The violator is forced to return
the illegal gains obtained from illegal production of work badges and ensigns
that are designated for the Army while on duty as prescribed in clause 1 of
this Article;
b) The violator committing
violations prescribed in clause 1 of this Article is forced to return the
amount equivalent to the value of evidences and means of administrative
violations that have been consumed, dispersed or destroyed against the law.
Section 12. AUTHORITY FOR PREPARATION
OF RECORDS AND HANDLING OF ADMINISTRATIVE VIOLATIONS REGARDING NATIONAL DEFENSE
Article 51. Authority for
preparation of records of administrative violations regarding national defense
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1. Individuals competent to impose
administrative penalties as prescribed in Articles 52, 53, 54, 55, 56, 57 and
58 of this Decree.
2. Individuals of the People's Army
or People’s Public Security assigned to carry out tasks regarding national
defense.
3. Civil servants and public
employees assigned to conduct inspection and discovery of administrative
violations regarding national defense.
4. The aircraft commanders,
captains and individuals authorized by the aircraft commander or captain to
prepare records of administrative violations regarding national defense on
aircrafts, watercrafts or trains.
Article 52. Authority for
imposition of penalties of Presidents of People’s Committees at all levels
1. Presidents of People’s
Committees of communes, wards and special zones (hereinafter referred to as
commune-level People’s Committees) have the right to impose the following forms
of penalty:
a) Warning;
b) Fines of up to VND 37.500.000;
c) Confiscation of evidences, means
of administrative violations;
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2. Presidents of People’s
Committees of provinces have the right to impose the following forms of
penalty:
a) Warning;
b) Fines of up to VND 75.000.000;
c) Confiscation of evidences, means
of administrative violations;
d) Remedial measures prescribed in
points a, h and i, clause 1, Article 28 of the Law on Penalties for
Administrative Violations; clause 3, Article 5 of this Decree.
Article 53. Authority for
imposition of penalties of National Defense Inspectorate
1. Inspectors of the Ministry of
National Defense have the right to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 7.500.000;
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2. Heads of inspection teams of
military regions or the High Command of Capital Hanoi have the right to impose
the following forms of penalty:
a) Warning;
b) Fines of up to VND 37.500.000;
c) Confiscation of evidences and
means of administrative violations;
d) Remedial measures prescribed in
points a, h and i, clause 1, Article 28 of the Law on Penalties for
Administrative Violations; clause 3, Article 5 of this Decree.
3. Chief Inspectors of the National
Defense Inspectorate of military regions, Chief Inspector of the National
Defense Inspectorate of the High Command of Capital Hanoi have the right to
impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 60.000.000;
c) Confiscation of evidences and
means of administrative violations;
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4. Chief Inspector of the Ministry
of National Defense; heads of the inspection teams established by the Chief
Inspector of the Ministry of National Defense have the right to impose the
following forms of penalty:
a) Warning;
b) Fines of up to VND 75.000.000;
c) Confiscation of evidences and
means of administrative violations;
d) Remedial measures prescribed in
points a, h and i, clause 1, Article 28 of the Law on Penalties for
Administrative Violations; clause 3, Article 5 of this Decree.
Article 54. Authority for
imposition of penalties of People’s Public Security
1. People's Public Security officers
on duty have the right to impose the following forms of penalty:
a) Fines of up to VND 7.500.000;
b) Confiscation of evidences, means
of administrative violations with a value not exceeding twice the fines
prescribed in point a of this clause;
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a) Fines of up to VND 15.000.000;
b) Confiscation of evidences, means
of administrative violations with a value not exceeding twice the fines
prescribed in point a of this clause;
3. Heads of police stations; heads
of police stations at border gates, export processing zones; heads of mobile
police battalions; heads of water police units, heads of stations; leaders have
the right to impose the following forms of penalty:
a) Fines of up to VND 22.500.000;
b) Confiscation of evidences, means
of administrative violations with a value not exceeding twice the fines
prescribed in point a of this clause;
c) Remedial measures prescribed in
point a, clause 1, Article 28 of the Law on Penalties for Administrative
Violations.
4. Heads of commune-level police
authorities have the right to impose the following forms of penalty:
a) Fines of up to VND 37.500.000;
b) Confiscation of evidences, means
of administrative violations with a value not exceeding twice the fines
prescribed in point a of this clause;
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5. Heads of professional divisions
of the Police Department on Administrative Management of Social Order; heads of
professional departments of Department of Cyber Security and Hi-tech Crime
Prevention; heads of divisions of province-level police authorities including
the heads of the following divisions: Domestic Security; Economic Security, Drug-Related
Crime Investigation, Administrative Management of Social Order, Social
Order-Related Crime Investigation, Corruption, Economy and Smuggling-Related
Crime Investigation, Traffic Police, Mobile Police, Cyber Security and Hi-tech
Crime Prevention; heads of mobile police units at regiment level have the right
to impose the following forms of penalty:
a) Fines of up to VND 60.000.000;
b) Confiscation of evidences, means
of administrative violations with a value not exceeding twice the fines
prescribed in point a of this clause;
c) Remedial measures prescribed in
points a, clause 1, Article 28 of the Law on Penalties for Administrative
Violations; points l, m, n, x and z, clause 3, Article 5 of this Decree.
6. Heads of Immigration Division of
province-level police authorities have the right to impose penalties as
prescribed in clause 5 of this Article and impose the penalty of expulsion.
7. Directors of province-level
police authorities have the right to impose the following forms of penalty:
a) Fines of up to VND 75.000.000;
b) Confiscation of evidences, means
of administrative violations;
c) Expulsion;
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8. Heads of the following
departments: Economic Security; Administrative Management of Social Order;
Social Order-Related Crime Investigation; Corruption, Economy and Smuggling-Related
Crime Investigation; Traffic Police; Environment-Related Crime Prevention;
Cyber Security and Hi-tech Crime Prevention; Domestic Security; Drug-Related
Crime Investigation; Fire Prevention, Fighting and Rescue; commander of mobile
police have the right to impose the following forms of penalty:
a) Fines of up to VND 75.000.000;
b) Confiscation of evidences, means
of administrative violations;
c) Remedial measures prescribed in
points a and i, clause 1, Article 28 of the Law on Penalties for Administrative
Violations; points l, m, n, x and z, clause 3, Article 5 of this Decree.
9. Heads of the Immigration
Department have the right to impose the following forms of penalty:
a) Fines of up to VND 75.000.000;
b) Expulsion;
c) Confiscation of evidences, means
of administrative violations;
d) Remedial measures prescribed in
points a and i, clause 1, Article 28 of the Law on Penalties for Administrative
Violations; points l, m, n, x and z, clause 3, Article 5 of this Decree.
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11. Heads of inspection teams of
Police Department of Fire Prevention, Fighting and Rescue; heads of inspection
teams of province-level police authorities have the right to impose penalties
prescribed in clause 2, Article 53 of this Decree.
12. Chief Inspector of inspection
teams of Police Department of Fire Prevention, Fighting and Rescue; Chief
Inspectors of province-level police authorities have the right to impose
penalties prescribed in clause 3, Article 53 of this Decree.
13. Chief Inspector of the Ministry
of Public Security has the right to impose penalties prescribed in clause 4,
Article 53 of this Decree.
Article 55. Authority for
imposition of penalties of Market Surveillance Authority
1. Market inspectors on duty have
the right to impose the following forms of penalty:
a) Fines of up to VND 7.500.000;
b) Confiscation of evidences, means
of administrative violations with a value not exceeding twice the fines
prescribed in point a of this clause.
2. Heads of the market surveillance
teams affiliated to Sub-departments of Market Surveillance of Departments of
Industry and Trade have the right to impose the following forms of penalty:
a) Fines of up to VND 22.500.000;
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c) Remedial measures prescribed in
point i, clause 1, Article 28 of the Law on Penalties for Administrative
Violations; point z, clause 3, Article 5 of this Decree.
3. Heads of Sub-departments of
Market Surveillance; heads of market surveillance divisions affiliated to
Agency for Domestic Market Surveillance and Development have the right to
impose the following forms of penalty:
a) Fines of up to VND 37.500.000;
b) Confiscation of evidences, means
of administrative violations;
c) Remedial measures prescribed in
point i, clause 1, Article 28 of the Law on Penalties for Administrative
Violations; point z, clause 3, Article 5 of this Decree.
4. Head of the Agency for Domestic
Market Surveillance and Development has the right to impose the following forms
of penalty:
a) Fines of up to VND 75.000.000;
b) Confiscation of evidences, means
of administrative violations;
c) Remedial measures prescribed in
point i, clause 1, Article 28 of the Law on Penalties for Administrative
Violations; point z, clause 3, Article 5 of this Decree.
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1. Border Guard soldiers on duty
have the right to impose the following forms of penalty:
a) Fines of up to VND 3.750.000;
b) Confiscation of evidences, means
of administrative violations with a value not exceeding twice the fines
prescribed in point a of this clause.
2. Heads of stations or leaders of
soldiers prescribed in clause 1 of this Article have the right to impose the
following forms of penalty:
a) Fines of up to VND 7.500.000;
b) Confiscation of evidences, means
of administrative violations with a value not exceeding twice the fines
prescribed in point a of this clause;
c) Remedial measures prescribed in
point a, clause 1, Article 28 of the Law on Penalties for Administrative
Violations.
3. Leaders of Special Task Forces
for Drug and Crime Prevention affiliated to Special Task Unit for Drug and
Crime Prevention have the right to impose the following forms of penalty:
a) Fines of up to VND 11.250.000;
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c) Remedial measures prescribed in
point a, clause 1, Article 28 of the Law on Penalties for Administrative
Violations.
4. Heads of Border Guard Stations;
Captains of Border Guard Naval Divisions; Chief Commanders of Border Commands
at port checkpoints have the right to impose the following forms of penalty:
a) Fines of up to VND 22.500.000;
b) Confiscation of evidences, means
of administrative violations with a value not exceeding twice the fines
prescribed in point a of this clause;
c) Remedial measures prescribed in
points a, clause 1, Article 28 of the Law on Penalties for Administrative
Violations; points l, m, n, u, x and z, clause 3, Article 5 of this Decree.
5. Head of the Special Task Unit
for Drug-related Crime Prevention of the Department of Prevention of
Drug-related Crime Prevention affiliated to the Border Guard High Command has
the right to impose the following forms of penalty:
a) Fines of up to VND 37.500.000;
b) Confiscation of evidences, means
of administrative violations;
c) Remedial measures prescribed in
points a and i, clause 1, Article 28 of the Law on Penalties for Administrative
Violations; points l, m, n, u, x and z, clause 3, Article 5 of this Decree.
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a) Fines of up to VND 75.000.000;
b) Confiscation of evidences, means
of administrative violations;
c) Remedial measures prescribed in
points a and i, clause 1, Article 28 of the Law on Penalties for Administrative
Violations; points l, m, n, u, x and z, clause 3, Article 5 of this Decree.
Article 57. Authority for
imposition of penalties of Vietnam Coast Guard
1. Coast Guard officers on duty
have the right to impose the following forms of penalty:
a) Fines of up to VND 3.750.000;
b) Confiscation of evidences, means
of administrative violations with a value not exceeding twice the fines
prescribed in point a of this clause.
2. Leaders of the Coast Guard
Operational Units have the right to impose the following forms of penalty:
a) Fines of up to VND 7.500.000;
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3. Leaders of the Coast Guard
Operational Teams and heads of Coast Guard Stations have the right to impose
the following forms of penalty:
a) Fines of up to VND 15.000.000;
b) Confiscation of evidences, means
of administrative violations with a value not exceeding twice the fines
prescribed in point a of this clause;
c) Remedial measures prescribed in
point a, clause 1, Article 28 of the Law on Penalties for Administrative
Violations.
4. Captains of the Coast Guard
Divisions have the right to impose the following forms of penalty:
a) Fines of up to VND 22.500.000;
b) Confiscation of evidences, means
of administrative violations with a value not exceeding twice the fines
prescribed in point a of this clause;
c) Remedial measures prescribed in
points a, clause 1, Article 28 of the Law on Penalties for Administrative
Violations; points m, n, u, x and z, clause 3, Article 5 of this Decree.
5. Captains of the Coast Guard
Squadrons, heads of the Investigation Unit, heads of the Special Task Unit for
Drug-Related Crime Prevention affiliated to High Command of Vietnam Coast Guard
have the right to impose the following forms of penalty:
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b) Confiscation of evidences, means
of administrative violations;
c) Remedial measures prescribed in
points a, clause 1, Article 28 of the Law on Penalties for Administrative
Violations; points l, m, n, u, x and z, clause 3, Article 5 of this Decree.
6. Commander of regional Coast
Guard forces, head of the Department of Operations and Legal Affairs affiliated
to High Command of Vietnam Coast Guard have the right to impose the following
forms of penalty:
a) Fines of up to VND 60.000.000;
b) Confiscation of evidences, means
of administrative violations;
c) Remedial measures prescribed in
points a, clause 1, Article 28 of the Law on Penalties for Administrative
Violations; points l, m, n, u, x and z, clause 3, Article 5 of this Decree.
7. Commander of the Vietnam Coast
Guard have the right to impose the following forms of penalty:
a) Fines of up to VND 75.000.000;
b) Confiscation of evidences, means
of administrative violations;
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Article 58. Authority for
imposition of administrative penalties of inspectors and titles regarding
protecting and countering the proliferation of weapons of mass destruction
1. Inspectors who are members of inspection
teams of Vietnam Agency for Radiation and Nuclear Safety have the right to
impose the following forms of penalty:
a) Fines of up to VND 7.500.000;
b) Confiscation of evidences, means
of administrative violations with a value not exceeding twice the fines
prescribed in point a of this clause;
2. Chief Inspector of Vietnam
Agency for Radiation and Nuclear Safety and Chief Inspectors of province-level
police authorities have the right to impose the following forms of penalty:
a) Fines of up to VND 60.000.000;
b) Confiscation of evidences, means
of administrative violations;
c) Remedial measures prescribed in
points n, x and z, clause 3, Article 5 of this Decree.
3. Head of Vietnam Agency for
Radiation and Nuclear Safety; Chief Inspector of the Ministry of Public
Security; Head of Vietnam Telecommunications Authority; Head of Authority of
Broadcasting and Electronic Information; Head of Authority of Press; Head of
Authority of Publication, Printing and Distribution have the right to impose
the following forms of penalty:
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b) Confiscation of evidences, means
of administrative violations;
c) Remedial measures prescribed in
points n, x and z, clause 3, Article 5 of this Decree.
Article 59. Determination of
authority for imposition of penalties regarding national defense
1. Presidents of People's
Committees at all levels have the right to impose administrative penalties
prescribed in Chapter II of this Decree (except for expulsion) within their
jurisdiction in accordance with Article 52 of this Decree within their
management area.
2. National Defense Inspectorate
has the right to impose administrative penalties prescribed in Chapter II of
this Decree (except for expulsion) within their jurisdiction in accordance with
Article 53 of this Decree.
3. Individuals competent to impose
penalties of People’s Public Security as prescribed in points 1, 2, 3, 4, 5, 8,
10, 11, 12 and 13, Article 54 of this Decree have the right to impose
administrative penalties as prescribed in Article 9, 10 and 11 of Section 1;
Section 4; Articles 28 and 29 of Section 5; Section 6; Section 7; Section 9;
Section 10 and Section 11 of Chapter II of this Decree (except for expulsion)
within their jurisdiction in accordance with Article 54 of this Decree,
functions, tasks and authority within their management sector/area.
4. Heads of Immigration Division of
province-level police authorities have the right to impose administrative
penalties as prescribed in Article 9, 10 and 11 of Section 1; Section 4;
Articles 28 and 29 of Section 5; Section 6; Section 7; Section 9; Section 10
and Section 11 of Chapter II of this Decree within their jurisdiction in
accordance with Article 54 of this Decree, functions, tasks and authority
within their management sector/area.
5. Directors province-level police
authorities have the right to impose administrative penalties as prescribed in
Article 9, 10 and 11 of Section 1; Section 4; Articles 28 and 29 of Section 5;
Section 6; Section 7; Section 9; Section 10 and Section 11 of Chapter II of
this Decree within their jurisdiction in accordance with Article 54 of this
Decree, functions, tasks and authority within their management sector/area.
6. Heads of Immigration Department
have the right to impose administrative penalties as prescribed in Article 9,
10 and 11 of Section 1; Section 4; Articles 28 and 29 of Section 5; Section 6;
Section 7; Section 9; Section 10 and Section 11 of Chapter II of this Decree
within their jurisdiction in accordance with Article 54 of this Decree,
functions, tasks and authority within their management sector/area.
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8. Individuals competent to impose
penalties of Vietnam Border Guard have the right to impose administrative
penalties as prescribed in Articles 23 and 24 of Section 4; Articles 28 and 29
of Section 5; Section 6; Section 9; Section 10; Section 11 of Chapter II of
this Decree (except for expulsion) within their jurisdiction in accordance with
Article 56 of this Decree, functions, tasks and authority within their
management sector/area.
9. Individuals competent to impose
penalties of Vietnam Coast Guard have the right to impose administrative
penalties as prescribed in Section 4; Section 6; Section 9; Section 10; Section
11 of Chapter II of this Decree (except for expulsion) within their
jurisdiction in accordance with Article 57 of this Decree, functions, tasks and
authority within their management sector/area.
10. Individuals holding titles
competent to impose penalties as prescribed in Article 58 of this Decree have
the right to impose administrative penalties as prescribed in Section 6 of
Chapter II of this Decree (except for expulsion) within their jurisdiction,
functions, tasks and authority in accordance with the law.
11. Individuals competent to impose
penalties of Government Cipher Committee have the right to impose
administrative penalties as prescribed in Section 9; Section 10; Articles 49
and 50 of Section 11 of this Decree within their jurisdiction, functions, tasks
and authority in accordance with the law.
Chapter III
VIOLATIONS, FORMS OF PENALTIES, FINES AND REMEDIAL
MEASURES FOR VIOLATIONS REGARDING CIPHER ACTIVITIES
Section 1. ADMINISTRATIVE
VIOLATIONS REGARDING CIPHER ACTIVITIES
Article 60. Violations regarding
security and safety for cryptographic activities to protect state secrets
1. A fine of from VND 1.000.000 to
VND 5.000.000 shall be imposed on any of the following acts:
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b) Fail to cooperate in
implementing measures to ensure cyber information security and safety for
information systems using cryptographic products;
c) Lose or misplace cryptographic
products in the List issued by the Head of the Government Cipher Committee
where such loss or misplacement does not affect the technical safety of
cryptographic activities.
2. A fine of from VND 5.000.000 to
VND 8.000.000 shall be imposed on any of the following acts:
a) Enter cryptographic offices or
facilities storing cryptographic products without approval of the competent
authority;
b) Film, photograph, record or draw
the layout of cryptographic offices; sites where cryptographic products are
developed; and facilities storing cryptographic products without approval of
the competent authority.
3. The following additional
penalties shall be applied: The evidences and means of administrative
violations prescribed in point b, clause 2 of this Article shall be
confiscated.
4. The following remedial measures
shall be applied:
a) The violator committing
violations prescribed in point a, clause 1 of this Article is forced to comply
with regulations on security and safety for cryptographic offices; sites where
cryptographic products are developed; and facilities storing cryptographic
products;
b) The violator committing point b,
clause 1 of this Article is forced to comply with regulations on cooperating in
implementing measures to ensure cyber information security and safety for
information systems using cryptographic products.
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Article 61. Violations regarding
time limit for prohibition from participating in cryptographic activities and
the commitment to protect state secrets
1. Any person who violates
regulations on time limit for prohibition from participating in cryptographic
activities shall be liable to a fine of from VND 20.000.000 to VND 30.000.000.
2. Any person who violates the
commitment on protection of state secrets in scientific research and
cryptographic technology shall be liable to a fine of from VND 30.000.000 to
VND 50.000.000.
Article 62. Violations regarding
security and safety for cryptographic information systems that are not serious
to an extent that the violators are liable to criminal prosecution
1. Any person who fails to
cooperate or ensure the smooth, accurate, safe and timely transmission of
cryptographic information classified as state secrets of cryptographic
organizations shall be liable to a fine of from VND 10.000.000 to VND
20.000.000.
2. A fine of from VND 20.000.000 to
VND 30.000.000 shall be imposed on any of the following acts:
a) Use tools, means and software to
spread viruses and malware that harm the normal operation of cryptographic
information systems;
b) Breach, cause malfunctions,
tamper, interrupt, obstruct or disable the normal operation of cryptographic
information systems.
3. Any person who neutralizes the
security and safety solutions of cryptographic information systems shall be
liable to a fine of from VND 50.000.000 to VND 75.000.000.
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5. The following remedial measures
shall be applied:
a) The violator committing
violations prescribed in clauses 2 and 3 of this Article is forced to restore
the original state of the works;
b) The violator committing
violations prescribed in clauses 2 and 3 of this Article is forced to return
the amount equivalent to the value of evidences and means of administrative
violations that have been consumed, dispersed or destroyed against the law.
Article 63. Violations regarding
digital signatures, digital certificates and digital signature authentication
for official use that are not serious to an extent that the violators are
liable to criminal prosecution
1. Any person who intentionally
access to alter data or damage devices that store secret keys shall be liable
to a fine of from VND 10.000.000 to VND 20.000.000.
2. A fine of from VND 30.000.000 to
VND 50.000.000 shall be imposed on any of the following acts: Illegally access,
copy or alter the information in the information on provision of digital
signature authentication for official use serving the provision and management
of digital signatures, digital certificates and digital signature
authentication for official use.
3. A fine of from VND 50.000.000 to
VND 75.000.000 shall be imposed on any of the following acts: Illegally
collect, provide, use, disclose, display, distribute or trade information of
authorities, organizations or individuals in the information system serving the
provision of digital signature authentication for official use.
4. The following additional
penalties shall be applied: The evidences and means of administrative
violations prescribed in clauses 1, 2 and 3 of this Article shall be
confiscated.
5. The following remedial measures
shall be applied:
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b) The violator committing
violations prescribed in clauses 1, 2 and 3 of this Article is forced to return
the amount equivalent to the value of evidences and means of administrative
violations that have been consumed, dispersed or destroyed against the law.
Section 2. AUTHORITY FOR
PREPARATION OF RECORDS AND HANDLING OF ADMINISTRATIVE VIOLATIONS REGARDING
CIPHER ACTIVITIES
Article 64. Authority for
preparation of records of administrative violations regarding cipher activities
Individuals competent to prepare
records of administrative violations regarding cipher activities include:
1. Individuals competent to impose
administrative penalties as prescribed in Articles 65 and 66 of this Decree.
2. Individuals engaging in cipher
activities while on duty.
Article 65. Authority for
imposition of penalties of Cipher Inspectorate
1. Inspectors of the Government
Cipher Committee have the right to impose the following forms of penalty:
a) Fines of up to VND 7.500.000;
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2. Chief Inspector of the
Government Cipher Committee has the right to impose the following forms of
penalty:
a) Fines of up to VND 60.000.000;
b) Confiscation of evidences, means
of administrative violations;
c) Remedial measures prescribed in
clause 4, Article 5 of this Decree.
Article 66. Authority for
imposition of penalties of the head of the Government Cipher Committee
Head of the Government Cipher
Committee has the has the right to impose the following forms of penalty:
1. Fines of up to VND 75.000.000.
2. Confiscation of evidences, means
of administrative violations.
3. Remedial measures prescribed in
clause 4, Article 5 of this Decree.
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IMPLEMENTATION CLAUSE
Article 67. Effect
This Decree takes effect from August
05, 2025 and replaces Decree No. 120/2013/ND-CP dated October 09, 2023 of the
Government on penalties for administrative violations against regulations on
national defense and cipher activities (amended by Decree No. 37/2022/ND-CP
dated June 06, 2022 of the Government).
Article 68. Transitional
provision
1. For violations regarding
national defense and cipher activities that happens and ends before the
effective date of this Decree but are discovered within the prescriptive
period, or being considered or handled when this Decree is effective, they
shall be handled in accordance with the Decree on handling of administrative
violations of the Government at the time that the violations were committed;
2. If the violators have complaints
on decisions on imposition of administrative penalties regarding national
defense and cipher activities issued or completed before the effective date of
this Decree, the regulations in the following documents and relevant
legislative documents shall be applied: Law on Penalties for Administrative
Violations in 2012 (amended in 2020 and 2025); Decree No. 118/2021/ND-CP dated
December 23, 2021 of the Government (amended by Decree No. 68/2025/ND-CP dated
March 18, 2025 of the Government); Decree 120/2013/ND-CP dated October 09, 2013
(amended by Decree No. 37/2022/ND-CP dated June 06, 2022 of the Government);
Decree No. 189/2025/ND-CP dated July 01, 2025 of the Government elaborating the
Law on Penalties for Administrative Violations regarding authority for
imposition of administrative penalties.
Article 69. Implementation
Ministers; Heads of ministerial
authorities; Heads of governmental authorities; Presidents of People's
Committees of provinces and cities are responsible for implementing this
Decree.
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ON
BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Hoa Binh