Nghị định 49-CP xử phạt vi phạm hành chính trong lĩnh vực an ninh, trật tự

THE
GOVERNMENT
——

SOCIALIST
REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
———-

No.
49-CP

Hanoi
,August 15 ,1996

DECREE

ON SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS IN THE DOMAIN
OF SECURITY AND ORDER

THE GOVERNMENT

Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Ordinance on the Handling of Administrative Violations of July
6, 1995;
In order to ensure uniformity in the sanctioning of administrative violations
in the domain of security and order;
At the proposal of the Minister of the Interior,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- All
individuals and organizations committing administrative violations in the
domain of security and order shall be sanctioned according to this Decree.

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Article 3.- An act of
administrative violation shall be sanctioned only once. If an individual or
organization commits many acts of administrative violation, the competent
person shall decide the form of sanction against each of these acts; if all the
sanctions are fines, the overall sanction is the sum of all the fines.

Article 4.- A foreign
individual or organization that commits an act of administrative violation in
the domain of security and order within the territory, the exclusive economic
zone and the continental shelf of the Socialist Republic of Vietnam shall be
sanctioned according to this Decree unless otherwise provided for in the
international conventions which Vietnam has signed or acceded to.

Chapter II

ACTS OF ADMINISTRATIVE
VIOLATION IN THE DOMAIN OF SECURITY AND ORDER AND THE FORMS OF SANCTION

Article 5.- Violations
of public order:

1. A fine of 50,000 to 200,000 VND for one of
the following acts :

a/ Fighting or instigating others to fight;

b/ Throwing bricks, earth, stone, sand or any
other object into houses, onto a ship, boat, train and other means of
transport, or at a person, article or property of another person;

c/ Flying kites or balloons, directing remote
control toy planes or other flying objects in the airport area, or the
protection corridor of electricity transmission lines;

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e/ Causing disturbances in an agency, enterprise
or the office of a social organization, a population center or another public
place;

f/ Causing disturbances at the theaters, movie
houses, cultural houses, clubs, places for art performances or the organization
of physical culture and sport activities, at the railway stations, ports, bus
stations or on the means of communication and transport in city streets and
other public places, or in the border gate or port areas.

2. A fine of 200,000 to 1,000,000 VND for one of
the following acts:

a/ Obstructing the work or failing to comply
with the request of the persons on duty, or using abusing words or acts that
hurt the honor of the persons on duty;

b/ Instigating others not to comply with the
request of the persons on duty;

c/ Causing public disorder at the court, the
place of verdict enforcement, or any other acts which obstructs the trying
activities or the execution of the verdicts.

3. A fine of 1,000,000 to 2,000,000 VND for one
of the following acts:

a/ Disturbing public order while carrying
rudimentary weapons like knives, bayonets, scimitars, chains, cudgels,
sticks…

b/ Using any tricks to create such a
circumstance as to force another person to hand in money or property;

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4. For violations mentioned in Points b and c
Item 1, or Point a Item 3, the evidences and means of violation shall be
confiscated; for violations of Points a, b and e Item 1, Point c Item 2, Points
b and c Item 3, the offenders shall have to pay compensation if they cause
injuries to the health or damage of property.

Article 6.- Acts of
disturbing the common tranquility:

A fine of 100,000 to 500,000 VND for one of the
following acts:

a/ Causing a big noise or a din or uproar during
the night time rest of the people from 22hrs to 5 am;

b/ Failing to comply with the regulations on the
tranquility of hospitals, sanatoria or schools and other places;

c/ Using loudspeakers, gongs, drums, whistles,
bugle or gathering in large numbers at a public place for a promotion activity
without permission of the competent agencies.

Article 7.- Acts which
affect the common sanitation:

1. To serve a warning or to hand a fine of
20,000 to 100,000 VND for one of the following acts:

a/ Failing to comply with the regulations on the
clearance of garbage and draining of gutters within and around dwelling houses,
public offices, enterprises or army barracks thus affecting the common
sanitation and causing clogging of the drainage system;

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c/ Throwing garbage and dead animals, waste
material or any other object that cause pollution at public places or the
places of public fountains, drinking water wells, ponds and lakes regularly
used by the population in their daily life;

d/ Urinating or defecating in the streets and
other public passages;

e/ Letting domestic and other animals urinate or
defecate at public places thus affecting sanitation at these places.

2. A fine of 100,000 to 300,000 VND for one of
the following acts:

a/ Throwing garbage or any other things into
sewage collecting holes or the public drainage system;

b/ Letting buffaloes, oxen, horses, dogs or
other animals range freely in the city, on highways and at public places;

c/ Building latrines at variance with
regulations thus affecting public saniatation;

d/ Collecting or transporting night-soil in the
towns and cities from 6 hrs to 22 hrs or to let it drop on the ground, thus
affecting sanitation;

e/ Letting domestic animals cause injuries to
other persons.

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a/ Burying a person who dies of epidemics,
exhuming a grave and moving the remains of the dead at variance with the
prescriptions thus affecting public sanitation;

b/ Selling diseased animals or their meat.

4. For violations of Point c Item 2, the
offender is obliged to overcome the unsanitary state, dismantle the latrine;
for violations of Point b Item 3, the offender is obliged to destroy the
diseased animal and its meat.

Article 8.- Violations
of the regulations on civilized lifestyle:

1. Warning or a fine of 20,000 to 100,000 VND
for one of the following acts:

a/ Wearing undergarments at places of gathering,
working places in State offices or offices of economic and social
organizations;

b/ Entering without tickets places where tickets
are required;

c/ Violating the protection rules of offices,
enterprises or other public places;

d/ Using rude, obscene and other uncultured
language or gestures at public places;

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f/ Smearing the offices of the agencies,
organizations, schools, hospitals, signboards, advertisement billboards,
panels, posters; damaging the flowers, trees, meadows at the public parks,
garden flowers and other public cultural centers.

2. A fine of 200,000 to 1,000,000 VND for one of
the following acts:

a/ Misusing the superstition of others to make
illicit profit or to damage their health, honor and dignity;

b/ Organizing without permission festivals or
other cultural and artistic activities or physical culture and sport activities
which must be permitted by law.

3. For violations of Point g Item 1, the
offender is obliged to restore the state that has been altered. For violations
of Point a Item 2, the offender may have the evidences and means of violation
confiscated.

Article 9- Violations of
the regulations on the management of permanent residence and household
registration:

1. Warning or a fine of 20,000 to 100,000 VND
for one of the following acts:

a/ Failing to comply with or comply not fully or
not in time with the regulations on registration of permanent residence when
changing the place of residence;

b/ Failing to comply with the regulations on the
changes in the number of persons in the family such as: newborns, deaths or
missing;

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2. A fine of 100,000 to 500,000 VND for one of
the following acts:

a/ Making erasions or corrections to the household
register or altering one of the contents of the household register;

b/ Using the household register to carry out
unlawful acts.

3. A fine of 500,000 to 2,000,000 VND for one of
the following acts:

a/ Making a false declaration or faking a
dossier in order to be registered in a household register;

b/ Faking a household register;

c/ Letting a house to a foreigner for use as
dwelling or working place without declaring to the Public Security service or
without a certificate of security and order.

4. The violator of Point a Item 3 shall have to
annul the result of the household registration if he/she has registered in the
household register. If he/she violates Point b Item 3 he/she shall have the
evidences of violation confiscated.

Article 10.- Violations
of the regulations on the issue, management and use of the people�s
identity card, certificate of armyman or defense worker (collectively referred
to as identity card) and other traveling documents :

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a/ Failing to carry the identity card when
traveling; failing to produce the identity card when requested by the control
officer;

b/ Entering without permit or with an
invalidated permit an area where an entry permit is required;

c/ Failing to fill the procedure for an identity
card after being notified of the time and place of the issue of identity cards;

d/ Failing to observe strictly the regulations
on the remittance, re-issue or change of identity cards.

2. A fine of 100,000 to 500,000 VND for one of
the following acts:

a/ Making erasions or corrections to the
identity card or other traveling documents;

b/ Hiring, borrowing, leasing or lending one�s identity card and other
traveling documents for the performance of law-breaking acts;

c/ Deliberately abandoning the identity card
after being checked and taken into temporary custody.

3. A fine of 500,000 to 1,000,000 VND for one of
the following acts:

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b/ Faking the identity card or other traveling
permits.

4. The violator of Point a Item 2 and Points a
and b Item 3 shall have his/her identity card or traveling permit confiscated.

Article 11.- Violations
of the regulations on the management of the use of weapons, explosives, support
devices and of the regulations on firecrackers and dangerous toys:

1. A fine of 50,000 to 200,000 VND for one of
the following acts:

a/ Failing to fully declare or register the
weapons, explosives and support devices to the competent agency;

b/ Using weapons, explosives or support devices
without permit or permits which are no longer valid;

c/ Failing to carry out or to carry out not in
time and not fully the regulations on periodical control of weapons and support
devices and the extension of permits for weapons and support devices;

d/ Violating the regime of maintenance of
weapons, explosives and support devices;

e/ Handing weapons, support devices or explosives
to persons who have no conditions or criteria to use them;

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g/ Using banned kinds of toys;

h/ Exploding firecrackers or using any other
devices in replacement of firecrackers.

2. A fine of 200,000 to 1,000,000 VND for one of
the following acts:

a/ Borrowing or lending weapons, support devices
or use permits;

b/ Correcting, erasing or losing use permits and
transport permits of weapons, support devices or explosives;

c/ Using weapons and explosives to cause an
explosion contrarily to prescriptions;

d/ Using weapons, support devices and explosives
for hunting and fishing;

e/ Using firearms, bows, crossbows or other
means for hunting in the cities, towns and other crowded places;

f/ Losing weapons, support devices or
explosives.

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a/ Buying, selling or transporting rudimentary
weapons or support devices in small quantities without permit or with an
invalidated permit;

b/ To conduct business in various kinds of waste
material or substandard goods mixed with weapons, explosives or suppot devices;

c/ Violating the regulations on safety in the
transportation of weapons, explosives or support devices;

d/ Sawing or dismantling bombs, mines, shells,
hand-grenades or torpedoes for illegal extraction of gunpowder;

e/ Producing, stocking, trading in or
transporting firecrackers, firecracker powder and dangerous toys which,
however, is not serious enough to be examined for penal liability.

4. A fine of 5,000,000 to 10,000,000 VND for one
of the following acts:

a/ Manufacturing or repairing without permit
rudimentary weapons, support devices and toys on the ban list;

b/ Illegally trading in or transporting
rudimentary weapons and support devices in large quantities;

c/ Transporting military weapons, sport weapons
and explosives without permit or without complying with the prescriptions in
the permit or with invalidated permits.

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a/ Illegal manufacturing or designing of
military weapons or sport or hunting rifles;

b/ Illegally taking in and out of Vietnamese
territory military weapons, sport weapons and hunting rifles, different kinds
of firecrackers or dangerous toys which, however, is not serious enough to be
examined for penal liability.

6. Violations of Points b, e, g, h, and i Item
1; Point c, d and e Item 2; Points a, d and e of Item 3, Item 4 and Item 5 may
lead to the confiscation of the evidences and means of violation. Violations of
Points a and b Item 2; Points b and c Item 3 may lead to the stripping of the
right to use permits. Violations of Points d and e Item 2 are liable to
forcible compensation for damage.

Article 12.- Violations
of the regulations on the management of the special businesses:

1. A fine of 500,000 to 2,000,000 VND for one of
the following acts:

a/ Conducting business not in comformity with
the contents and places prescribed in the operating permits for special
businesses;

b/ Printing and copying documents without permit
or in excess of the permitted quantities (concerning music tapes and discs,
video tapes, films, pictures, photos, books, newspapers and calendars,
sanctions shall be handed according to Decree No.88-CP of December 14, 1995).

2. A fine of 5,000,000 to 20,000,000 VND for one
of the following acts:

a/ Conducting a special business without a
certificate of qualification in the domain of security and order;

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3. Violations of Points a and b Item 1, Points a
and b Item 2 shall lead to the stripping of the right to use the permit;
violations of Point b Item 1 may lead to the confiscation of evidences and
means of violation.

Article 13.- Violations
of the regulations on the management and use of seals.

A fine of 100,000 to 500,000 VND for one of the
following acts:

a/ Using a seal which has not been registered
for the model or which has not been granted a certificate of registration;

b/ Taking the seal out of the agency or unit
without authorization of the competent person;

c/ Losing the seal in use;

d/ Remitting the seal in arrears with the
prescribed time after a decision has been issued by the competent agency to
retrieve the seal.

2. A fine of 500,000 to 1,000,000 VND for one of
the following acts:

a/ An individual or organization that has a seal
made before filling all the procedures prescribed for seal making or having got
a permit from the competent Public Security service;

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c/ Bringing in a seal from abroad for use on Vietnamese
territory without permission of the competent agency or without registering as
prescribed;

d/ Failing to remit the seal after a decision
has been issued by a competent authority to retrieve the seal;

e/ Affixing the seal to a document or paper without
any contents or to documents which are not yet signed by the competent person.

3. A fine of 2,000,000 to 5,000,000 VND for an
act of using seals of foreign countries in Vietnam without permission or before
registering with the competent agency.

4. A violation of Item 2 and Item 3 may lead to
the confiscation of the seal. A violation of Points a and b Item 2 may lead to
the stripping of the right to use the permit.

Article 14.- Violations
of the regulations on criminal proceedings, administrative proceedings, the
execution of verdicts or the decisions of handling administrative violations:

1. A fine of 100,000 to 500,000 VND for a
violation of the regulations on re-education at the commune, ward or township
or on administrative forcible residence.

2. A fine of 500,000 to 2,000,000 VND for one of
the following acts:

a/ Violation of the regulations on the use of
preventive measures such as: arrest, temporary custody, temporary detention,
bail, ban from leaving the place of residence, pledging money or valued
property to stand security for an offender;

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c/ Violating the rules and regimes in the
execution of criminal verdicts such as: suspended sentences, house arrest, ban
on residence, forcible residence, reformation without detention, serving prison
sentences, refusing to carry out or obstructing the carrying out of civil, administrative
and labor verdicts.

Article 15.- Violations
of the regulations on the prevention and fight against fires:

1. A fine of 200,000 to 1,000,000 VND for one of
the following acts:

a/ Failing to carry out or carrying out
inadequately the regulations on the prevention and fight against fires;

b/ Failing to procure or inadequately procure
oneself with equipments; failing to correctly observe the regulations on the
maintenance and repair of equipments and tools for the prevention and fight
against fires;

c/ Failing to remedy on schedule the weaknesses
and inadequacies in the prevention and fight against fires in spite of the
relevant request of the responsible agency;

d/ Failing to organize the on-the-spot fire
fighting force; failing to work out an internal rule on the prevention and
fight against fires, and to put up the “No Fire” sign at the places
vulnerable to fires and explosions;

e/ Giving false or untrue fire alarm;

f/ Digging, moving, dismantling or doing any
other acts which damage the public water supply system for the fight against
fires;

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h/ Obstructing the fight against fires;

i/ Failing to carry out or delaying the carrying
out of the order for mobilization of human power and equipments for fire
fighting;

j/ Placing goods or any other things thus
obstructing the way to the place to fight fire, or the place to take water for
fire fighting or obstructing the exit from a fire;

k/ Using unprotected fire, or equipments and
machinery likely to spark fire, burning garbage or votive paper, lighting
joss-sticks for worship, smoking cigarette or water bubble pipe or throwing
cigarette stubs or any other burning things in a “No Fire” area;

l/ Using without authorisation specialized means
for fire fighting for other purposes;

m/ Using fire prevention and fighting equipments
requiring check-up without prior examination and quality certification by the
fire preventing and fighting agency;

n/ Placing materials, goods or inflammable
substances within the safety corridor against fire;

o/ Driving a means to transport passengers,
gasoline, oil, explosives and inflammable liquids without being fully equipped
with the prescribed fire-fighting equipments and tools;

p/ Failing to inventorize all the explosives,
strong toxics and radioactive matters according to the prescribed form;

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r/ Installing and using an electric system,
electric equipment and electricity-consuming system without meeting the safety
standard for fire prevention and fighting;

s/ The driver of a passenger transport means who
lets passengers take inflammable, explosive or radioactive substances onto the
means;

t/ Failing to report to the fire police or
report belatedly to the fire police when a fire breaks out;

u/ Failing to work out or work out inadequately
a plan against fires; failing to hold periodical drills against fires.

2. A fine of 2,000,000 to 5,000,000 VND for one
of the following acts:

a/ Violating the regulations on the manufacture,
trading and repair services for the means, instruments and chemicals against
fires;

b/ Violating the regulations on the manufacture,
maintenance, transportation and use of inflammables; violating the regulations
on fire prevention and fighting in the use of electricity;

c/ Putting a construction into use while not yet
ensuring the conditions for the prevention and fight against fire, or while the
construction has not been tested on completion as prescribed;

d/ Changing without authorization the
utilization character of a project or changing the furniture and structures
which results in the obstruction to the emergency exit or creates difficulties
for the use of the fire fighting equipment of the project;

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f/ Violating the regulations on the import and
export of fire fighting equipments and inflammable, explodable and toxic goods;

g/ Building a project at variance with the
ratified design in terms of safety against fires;

h/ Causing a fire but not seriously enough to
warrant examination for penal liability;

i/ Producing or trading in inflammable,
explodable and toxic goods without a certificate of the competent fire police
or with an invalidated certificate;

j/ Using unprotected sources of fire and fire
sparking equipment in the repair and replacement of equipments at the “No
Fire” places or places containing many inflammable substances without
complying strictly with the process and regulations on safety against fires;

k/ Failing to take part in the fight against
fire even when fire fighting force and means are available;

l/ Using fire fighting means and chemicals which
have been banned from use;

m/ Losing the “M” insignia, the permit
for the transportation of explosives, radioactive matters and toxic substances.

3. A fine of 5,000,000 to 20,000,000 VND for one
of the following acts:

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b/ Building projects without the ratification by
the fire agency of the anti-fire design although such ratification has been
prescribed;

c/ Using explosives, strong toxics and
radioactive matters on the list of the substances banned from circulation in
Vietnam;

d/ Failing to design or to build an anti-fire
water supply system fitting in with the system of water supply in urban areas;

e/ Conducting consultancy in fire prevention and
fighting, designing and installing an anti-fire system without certification of
qualification by the fire police;

f/ Using petrol and gas projects without
technical solutions to ensure safety against fire, explosion, toxicity and
other contingencies;

g/ Piloting foreign ships and boats into the territorial
waters and territory of Vietnam without ensuring safety against fire.

4. Violations of Points q and u Item 1; Points
a, b, g, k and n Item 2; Points a and c Item 3 may lead to the stripping of the
right to use the permit and the confiscation of the evidences of violation.
Violations of the regulations in Points g, h, l and p Item 1; Points d and h
Item 2 shall lead to the forcible restoration of the state that has been
altered or compensation for damage caused by the administrative violation. Violations
of Point t Item 1, Point l Item 2; Points b and g Item 3 shall lead to the
forcible suspension of the construction and the forcible observance of the
regulations on anti-fire designing.

Article 16.- Acts
causing damage to the property of others:

1. A fine of 50,000 to 200,000 VND for one of
the following acts which are not serious enough to warrant examination for
penal liability:

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b/ Causing damage to the property of others;

c/ Illegally appropriating the property of
others;

d/ Buying, selling and hiding the property of
another person while knowing perfectly that the property comes from a
law-breaking act of that person;

e/ Committing fraud in buying, selling or
exchanging goods or forcing others to buy goods against their will.

2. A fine of 200,000 to 1,000,000 VND for one of
the following acts:

a/ Faking or trading in tickets of various
kinds;

b/ Hustling others or causing troubles to others
while carrying, transporting or keeping baggages at landing stages, bus stations,
airports, sea ports, railway stations and other public places.

3. Violations of Points a, d and e Item 1; Point
a, Item 2 shall lead to the confiscation of the evidences and means of
violation. Violations of Point b Item 1 of this Article shall lead to forcible
compensation for damage.

Article 17.- Acts
causing damage to public utilities and security and order installations:

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a/ Digging without authorisation or any other
acts that damage dykes, dams, embankments, culverts, tunnels, railways or other
public utilities;

b/ Moving or dismantling without authorization
or any other acts that damage the warning signs, direction signs, name signs of
agencies, telephone or telegraph posts, lamp posts, fences of State agencies or
other public utilities.

2. A fine of 2,000,000 to 10,000,000 VND for the
violation of the regulations on the protection of security and order
installations.

3. Violations of the regulations in the points
of Item 1 and Item 2 of this article shall lead to the forcible restoration of
the state that has been altered.

Article 18.- Violations
of the statute of the sea areas in the territory, the exclusive economic zone
and the continental shelf of the Socialist Republic of Vietnam:

1. A fine of 500,000 to 2,000,000 VND for one of
the following acts:

a/ Lightering at and conducting transactions
with foreign ships; conducting illicit purchases, sales, transportation and
exchange of goods;

b/ Failing to comply with or obstructing the
control and inspection by the patrol and control force on the sea;

2. A fine of 10,000,000 to 50,000,000 VND for
one of the following acts:

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b/ Failing to comply with the internal rules for
the landing stages, sea ports and other regulations concerning order and safety
on the sea.

3. A fine of 50,000,000 to 100,000,000 VND for
one of the following acts:

a/ Driving a means in violation of the
regulations on the movement, entry and exit from the sea areas on the
Vietnamese territory, entering off-limit areas or entering without permit areas
which require a permit of entry;

b/ Conducting activities of exploitation,
research, exploration and other illegal activities on the sea areas of Vietnam;

c/ Submarine and other submarine means moving
and anchoring in the Vietnamese territorial waters without surfacing or without
flying the Vietnamese flag as prescribed.

4. Violations of Point a, Item 1 shall lead to
the confiscation of goods. Violations of Point a Item 2, Points a and b, Item 3
may lead to the confiscation of the evidences and means of violation.
Violations of Points a and b, Item 2 and Points a and b, Item 3 of this Article
may lead to the stripping of the right to use the permit.

Article 19.- Violations
of the regulations on the management and protection of the national border
line, marker posts and signs.

1. A fine of 200,000 to 1,000,000 VND for one of
the following acts:

a/ Damaging or any other acts that damage the
national boundary marker posts or signs;

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c/ Burning undergrowth to cultivate within the
border corridor, or damaging signposts of the border area, the border corridor
and the off-limit area.

2. A fine of 2,000,000 to 10,000,000 VND for the
acts of altering the national border line.

3. Violations of Points a of Item 1 and Item 2
of this Article shall lead to forcible restoration of the state that has been
altered. Violations of Point c Item 1 of this Article shall lead to forcible
compensation for damage.

Article 20.- Violations
of the Regulations on the management of the border and border gate areas:

1. A fine of 100,000 to 500,000 VND for one of
the following acts:

a/ Residing, traveling or doing business
illegally in the border areas;

b/ Failing to declare, covering up or helping
others to reside, travel and do business illegally in the border areas;

c/ Violations of regulations on the management
and protection of the border corridor.

2. A fine of 500,000 to 2,000,000 VND for one of
the following acts:

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b/ Using means to transport and receive persons,
transporting goods within the border gate areas at variance with prescriptions
or failing to obey the guidance of the responsible persons;

c/ Persons or means exiting from or entering the
border and border gates without the prescribed papers;

d/ Driving a means of transport beyond the
allowed limit within the border area;

e/ Persons who are allowed to cross the border
but go beyond the prescribed limit.

3. Violations of Point a, Item 1, Points c and
d, Item 2 of this Article may lead to the confiscation of evidences and means
of violation.

Article 21.- Violations
of the regulations on exit, entry and transit :

1. A fine of 500,000 to 2,000,000 VND for one of
the following acts:

a/ Damaging the passport or other valuable
papers that can replace the transport in entering or leaving Vietnam;

b/ Foreigners or Vietnamese having settled
abroad who correct or alter the certificate of temporary residence, permanent
residence, or who enter Vietnam without declaring as prescribed or use a
certificate of temporary residence in Vietnam which has expired without
permission from the agency managing entries and exits;

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d/ Entering or leaving Vietnam without producing
traveling documents when requested by the Vietnamese authorities; failing to
comply with other requests of the authorities concerning body and baggage
checks as prescribed by law.

2. A fine of 2,000,000 to 10,000,000 VND for one
of the following acts:

a/ Correcting, altering the form and contents of
the passport or visa or making untruthful declaration in order to be granted a
passport or visa, certificate of temporary or permanent residence; using an
invalidated passport or visa to enter or leave Vietnam;

b/ Entering, leaving or transiting through
Vietnam without passport, visa or other papers that can stand for the passport
or visa as prescribed;

c/ Entering, leaving or transiting through
Vietnam at a border gate other than that designated in the visa without
permission from the agency managing entries and exits;

d/ Vietnamese citizens who are permitted to
leave for abroad within a time limit but who deliberately stay abroad beyond
the permitted term;

e/ Hiding in a means of entry or exit with the
aim of entering Vietnam or leaving for abroad.

3. A fine of 10,000,000 to 20,000,000 VND for
one of the following acts which are not serious enough to warrant examination
for penal liability:

a/ Helping, sheltering, hiding and otherwise
creating conditions for other persons to leave for abroad, to stay back in a
foreign country or to cross the national border illegally;

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c/ A Vietnamese individual or organization that
stands security for or who fill the procedures for foreigners or Vietnamese
having settled abroad to enter Vietnam without complying with the aim, contents
and program already registered with the specialized agency when standing
security or filling procedures for their entry in Vietnam.

4. A fine of 20,000,000 to 50,000,000 VND for
one of the following acts which is not serious enough to warrant examination
for penal liability:

a/ Faking a file or papers in order to be
granted a passport or other papers that can stand for the visa of exit, entry
or transit or the certificate for temporary or permanent residence;

b/ Counterfeiting a passport, visa, certificate of
temporary or permanent residence or the seal of control;

c/ Using a faked passport, visa, or certificate
of temporary or permanent residence, or a control seal or any other faked
papers to leave, enter or transit through Vietnam;

d/ Seeking shelter in a foreign embassy or
consulate or the office of an international agency or organization based in
Vietnam.

5. Violation of one of the points of this
Article may lead to the confiscation of the passport or paper that can stand
for the passport, confiscation of the evidences and means of violation; for a
foreigner it may lead to expulsion from Vietnamese territory as stipulated in
Articles 14, 15 and 16 of the Ordinance on entry and exit, residence and
traveling of foreigners in Vietnam.

Article 22.- Violations
of the regulations on the prevention, fight and control of narcotics:

1. A fine of 100,000 to 500,000 VND for one of
the following acts:

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b/ Instigating others to use narcotics.

2. A fine of 500,000 to 1,000,000 VND for one of
the following acts:

a/ The owner or the manager of a restaurant,
hotel, inn, rest house, club and other establishments who lets others use
narcotics in the area under his/her management;

b/ Violations of the regulations on the planting
of narcotic-containing plants.

3. A fine of 1,000,000 to 5,000,000 VND for one
of the following acts:

a/ Producing, buying or selling instruments for
the injection, smoking or other forms of using narcotics;

b/ Providing the place and means for others to
smoke, inject or use narcotics in other forms;

c/ Acting as intermediary for others to inject,
smoke of use narcotics in any forms;

d/ Violating the regulations on the preparation,
storing, transportation, distribution and exchange of base substances and
narcotic-containing medicaments;

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f/ Giving recipes and supplying medicaments or
buying and selling narcotic-containing medicaments at variance with
prescriptions;

g/ Delivering without authorization
narcotic-containing medicaments and psychotropic substances for keeping or use
to others.

4. A fine of 5,000,000 to 20,000,000 VND for one
of the following acts:

a/ Violating the regulations on the procedures
for the export, import, and transit transportation of narcotics, goods,
merchandises and medicaments containing narcotics, soporific or base
substances;

b/ Sending by mail goods and objects containing
narcotics;

c/ Offering for sale or accepting such offer
goods containing narcotics and psychotropic at variance with prescriptions;

d/ Violating regulations on the storing,
distribution and transportation of narcotics, narcotic containing articles,
psychotropic and base substances;

e/ Using at variance with prescriptions after
being authorized to use articles containing narcotics or psychotropic or base
substances for scientific or medical research;

f/ Producing, buying, selling, transporting or
storing narcotics but not seriously enough to warrant examination for penal
liability.

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Article 23.- Acts of
prostitution:

1. A fine of 50,000 to 200,000 VND for one of
the following acts:

a/ Prostituting;

b/ Sexual abuse.

2. A fine of 500,000 to 2,000,000 VND for one of
the following acts:

a/ Buying sex;

b/ Providing a place for prostitution
activities.

3. A fine of 2,000,000 to 5,000,000 VND for one
of the following acts:

a/ Procuring prostitutes;

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c/ Relapsing in the violations of stipulations
in Item 1, Item 2 of this Article which have led to administrative sanctions.

4. A fine of 30,000,000 to 50,000,000 VND for
one of the following acts which are not serious enough to warrant examination
for penal liability:

a/ Using the activities in buying and selling
sex and other sex activities as a means of business;

b/ Using measures of coercion and threat to
extort money and expropriate the sex buyers and sellers.

5. The acts of procuring and sheltering
prostitution shall be sanctioned according to the provisions in Article 18 of
Decree No.88-CP of December 14, 1995.

6. Violations of Items 1, 2, 3 and 4 of this
Article shall lead to the confiscation of all the money earned from the act of
violation.

Article 24.- Acts of
gambling:

An individual or organization that commits acts
of gambling which is not serious enough to warrant examination for penal
liability shall be sanctioned under Article 20 of Decree No.88-CP of December
14, 1995 of the Government on sanctioning administrative violations in the
cultural, cultural service activities and on the prevention and fight against
social evils.

Article 25.- Violations
of the regulations on the production, buying, selling and use of alcohol and
beer:

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a/ Getting drunk at the office or working place,
in hotels, restaurants and other eating places, on means of transport and
public places;

b/ Instigating and creating conditions for
children (under 16) to drink alcoholic beverages including beer;

c/ The owner of a hotel, restaurant and eatery
who sells liquors and other beverages having an alcoholic volume of 14 degrees
upward to the juniors; or selling liquors and beer to children under 16 years
old;

d/ Selling and drinking liquors and beer in the
general education schools.

2. A fine of 500,000 to 2,000,000 VND for one of
the following acts:

a/ Relapse in the violation of the regulations
in Item 1 which has led to administrative sanction;

b/ Getting drunk and causing public disorder.

Article 26.- Violations
of the rights of the child which is not serious enough to warrant examination
for penal liability:

1. A fine of 1,000,000 to 5,000,000 VND for one
of the following acts:

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b/ Using child labor in contravention of law;

c/ Enticing children to gamble, drink alcoholic
beverages, smoke and use stimulants harmful to their health;

d/ Selling to children or allowing them to use
noxious cultural products or toys or allowing them to play games harmful to
their development.

2. A fine of 5,000,000 to 10,000,000 VND for one
of the following acts:

a/ Delivering or receiving a child as adoptive
child in contravention of law;

b/ Inciting, enticing or instigating children to
break law;

c/ Using without authorization the material
establishments and public means designed for the educational, entertainment and
recreation activities of children for other purposes;

d/ Committing sex abuse against children.

3. A fine of 10,000,000 to 50,000,000 VND for
the act of using the child protection fund and other financial sources designed
for the protection, care and education of children for other purposes.

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a/ Making untruthful declarations on resumes and
other documents in order to deliver or receive Vietnamese children as adoptive
children of foreigners;

b/ Filling procedures for foreigners to receive
Vietnamese children as adoptive children at variance with law.

Article 27.- Violations
of regulations on the protection of State confidential documents but not
seriously enough to warrant examination for penal liability.

1. A fine of 500,000 to 2,000,000 VND for one of
the following acts:

a/ Failing to draw up a list of State secrets as
prescribed;

b/ Failing to register with a State agency for
management of science and technology inventions, innovations and useful
solutions related to State secrets;

c/ Preparing, printing, copying documents
classified as top secrets, very confidential or confidential at variance with
prescriptions;

d/ Failing to number, giving a code number, a
code name or a code sign and failing to organize the full implementation of the
regime of management and protection as prescribed with regard to the items
already classified as State secrets;

e/ Failing to carry out the regulations on the
publication, popularization, circulation, study and use of the list of State
secrets;

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g/ Failing to carry out correctly the
regulations on inventorizing, keeping and maintaining State confidential
documents;

h/ To liquidate or destroy the confidential
documents at variance with prescriptions;

i/ Entering the off limit areas, the places for
the maintenance and keeping of State confidential documents without
authorization;

j/ Shooting films, taking photographs or drawing
plans of an off limit area.

2. A fine of 2,000,000 to 10,000,000 VND for one
of the following acts:

a/ Disclosing, appropriating or losing
confidential documents;

b/ Misusing the protection of State confidential
documents to hide law- breaking acts.

3. A fine of 5,000,000 to 20,000,000 VND for an
act of unlawfully destroying a State confidential document.

Article 28.- Violations
of traffic order and safety:

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2. The sanctioning of violations of traffic order
and safety in railway and inland water transport shall conform with Decree
No.39-CP and No.40-CP of July 5 1996 of the Government on sanctioning
administrative violations in the domain of railway and inland water transport.

Chapter III

SANCTIONING COMPETENCE
AND PROCEDURE

Article 29.- Competence
of the Police, the agencies managing exists and entries and of the border
guards in the sanctioning of the administrative violations.

1. Members of the People�s Police and the Border Guard on duty have the
right:

a/ To serve a warning;

b/ To fine up to 100,000 VND.

2. The station head or head of group of the
competent person defined at Item 1 of this Article has the right:

a/ To serve a warning;

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c/ To order forcible compensation for the damage
up to 500,000 VND caused by the administrative violation.

3. The Chief of the ward Police has the right:

a/ To serve a warning;

b/ To fine up to 200,000 VND;

c/ To confiscate the evidences and means valued
up to 500,000 VND used to commit the administrative violation;

d/ To force the compensation for the damage up
to 500,000 VND caused by the administrative violation;

e/ To force the restoration of the initial state
which has been altered by the violation;

f/ To order suspension of the activities causing
pollution of the living environment, spread of epidemics and causing uproarious
noise thus breaking the common tranquility.

4. The Chief of the district Police has the
right:

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b/ To fine up to 2,000,000 VND;

c/ To strip the right to use various kinds of
permits under his jurisdiction, confiscate the evidences and means used in the
administrative violation and take other measures defined in Item 3, Article 11
of the Ordinance on the Handling of Administrative Violations.

5. The Chief of Police Section for the
administrative management of social order, the Chief of the Police Section for
traffic order, the Chief of the Police Section for Prevention and Fight against
Fires, the Chief of the Section of Crime Police, the Chief of the Section for
Exists and Entries, the Heads of the Special Police units at the Center, the
Heads of the Mobile Police Units from company level upward operating in an
independent manner, the Head of the Police station at a border gate, export
processing zone, the Commander of the Border Military Sector, the Commander of
the Border Naval Group, the Head of the Police Station, the Head of the Border
Guard Station have the right:

a/ To serve a warning;

b/ To fine up to 2,000,000 VND;

c/ To strip the right to use the permit in the
areas and domains under their jurisdiction, confiscate the evidences and means
used in the administrative violation and take other measures stipulated in Item
3 Article 11 of the Ordinance on the Handling of Administrative Violations.

6. The Director of the Police at provincial
level has the right:

a/ To serve a warning;

b/ To fine up to 20,000,000 VND;

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7. The Heads of the Economic Police Department,
the Head of the Police Department for Prevention and Fight against Fires, the
Head of the Crime Police Department, the Head of the Department for Management
of Exits and Entries, the Head of the Police Department for Traffic Order, the
Head of the Police Department for Administrative Management of Social Order,
the Commander of the Border Guard of provincial level, shall within their
competence, have the right:

a/ To serve a warning;

b/ To fine up to 20,000,000 VND;

c/ To strip the right to use permits under their
jurisdiction, confiscate evidences and means used in the administrative
violation and take other measures stipulated in Item 3, Article 11 of the
Ordinance on the Handling of Administrative Violations.

Article 30.- Competence
of the People�s Committees at various levels in handling administrative
violations:

1. The President of the People�s Committee of the commune,
ward or township ( commune level for short) has the right :

a/ To serve a warning;

b/ To fine up to 200,000 VND;

c/ To confiscate the evidences and means valued
up to 500,000 VND used in the administrative violation;

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e/ To force the restoration to the original
state that has been altered by the administrative violation;

f/ To order the cessation of activities causing
environmental pollution, spread of epidemics and causing uproarious noise thus
disrupting the common tranquility;

g/ To destroy noxious objects that affect human
health.

2. The President of the People�s
Committee of a district, town or city under the province (hereafter referred to
as district level) has the right:

a/ To serve a warning;

b/ To fine up to 10,000,000 VND;

c/ To decide the use of supplementary sanctions
and measures stipulated at Item 2 and Item 3 of Article 11 of the Ordinance on
the Handling of Administrative Violations, except for the stripping of the
right to use permits issued by State agencies of higher level, in which case the
President of the People�s Committee of
district level shall issue a decision to stop the act of violation and propose
to the competent State agency to revoke the permit.

3. The President of the People�s
Committee of a province or a city directly under the Central Government
(hereafter referred to as provincial level) has the right:

a/ To serve a warning;

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c/ To use various forms of supplementary
sanction and measures stipulated in Item 2 and Item 3 of Article 11 of the Ordinance
on the Handling of Administrative Violations, except for the stripping of the
right of permits issued by the State agencies, in which case the President of
the People�s Committee of provincial level shall
issue a decision to stop the act of violation and propose to the competent
State agency to revoke the permit.

Article 31.- Besides
the persons stipulated in Article 29, Article 30 of this Decree, if the persons
having the competence to impose sanctions as stipulated in the Ordinance on the
Handling of Administrative Violations detect administrative violations defined
in this Decree that, under the domain and occur in the territory under their
management, they may impose sanctions but have to comply with the stipulations
of Article 37 of the Ordinance on the Handling of Administrative Violations.

Article 32.- Delegation
of right to impose sanctions against administrative violations:

In case where the persons having the competence
to administer sanctions against administrative violations as stipulated in
Items 3, 4, 5, 6 and 7 of Articles 29, 30 and 31 of this Decree are absent or
with their delegation of powers, their deputies shall have the competence to
administer sanctions according to their competence. The delegation of powers
must comply strictly with the stipulations of Article 36 of the Ordinance on
the Handling of Administrative Violations.

Article 33.- Warnings:

Warning is a form of sanction applied to an
individual or organization that commits small administrative violations for the
first time or with attenuating circumstances. It shall be decided in writing or
other forms stipulated in the legal documents on the sanctioning of
administrative violations including the sanction by warning.

When it is deemed necessary, the agency with
competence to sanction shall notify the local administration or the agency or
organization where the offender resides or works of the decision to serve a
warning.

Article 34.- Procedures
and measures of fining:

1. Upon detecting an administrative violation, the
user of the right to sanction shall have to tell clearly the offender the item
and name of the legal document which he/she has violated, the level of
responsibility, the form of fining applied to his/her act of violation.

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3. If the fine exceeds 20,000 VND the person on
duty shall make a written report as stipulated in Article 47 of the Ordinance
on the Handling of Administrative Violations. If the case is clearly
established and the offender can pay the fine, the competent person shall
decide the fining right away. In complicated cases which require investigation
and determination of the circumstances related to the fining, within 30 days
after the report is made, the competent person shall issue the fining decision
as stipulated in Article 48 of the Ordinance on the Handling of Administrative
Violations. The fining decision shall be sent to the organization, the fined
person and the fine collection bureau. If the fine is 2,000,000 VND and more,
the decision shall be sent to the People�s Procuracy of the
same level.

The procedure of applying preventive measures
and implementing the fining decision shall conform to the provisions of the
Ordinance on the Handling of Administrative Violations.

The Ministry of the Interior shall provide for
the unified form of the report, the form of the fining decision and of the
documents and other decisions applied in the process of handling administrative
violations in the domain of security and order. It shall direct the procedures
for temporary detention of the circulation permit of the means of transport,
the driving license, and other necessary papers related to the evidences and
means of violation.

4. An individual or organization that is fined
for administrative violations in the domain of security and order shall have to
pay the fine at the place written in the Fining Decision. The fining person is
strictly forbidden to collect the fine on the spot.

5. Within 5 days after the fining decision takes
effect, if the organization or person subject to the fine does not voluntarily
implement the decision, they shall be forced to do so as stipulated in Article
55 of the Ordinance on the Handling of Administrative Violations.

Article 35.- Stripping
the right to use the permit within a given period or indefinitively:

1. All the permits and certificates
(collectively referred to as permit) issued by the competent State agencies to
the individuals or organizations for operation in all domains of the economic
and social life may be subject to this form of sanction if the administrative
violation is directly related to the rules, regulations and regime of using
these permits.

2. Stripping of the right to use a permit within
a given period shall apply to individuals and organizations that commit
administrative violations which warrant the stripping of the right to use the
permits within a given period. Upon expiry of this period, the person who
issues the fining decision shall have to return the permit to that individual
or organization.

3. Stripping of the right to use the permit
indefinitively shall apply to the following cases:

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– The permit �s contents are
contrary to law;

– The offender has violated the rules for using
the permit to the extent that it is deemed impossible to allow him/her to
continue the use of the permit.

4. When the need arises to decide to strip the
right to use a permit, the competent person shall have to order the immediate
cessation of the act of violation. The person on duty must make a written
report in which the reason for stripping the right to use the permit must be
clearly stated as stipulated in Article 50 of the Ordinance on the Handling of
Administrative Violations.

The stripping of the right to use the permit can
be done only when a written decision of the competent person has been issued as
stipulated in Articles 29 and 30 of this Decree. Such decision must be sent to
the sanctioned person right at the moment the Decision is executed and must be
notified to the agency which issued the permit.

In case the stripping of the right to use the
permit does not fall within the competence of the sanctioning agency, the
agency which conducts the sanctioning shall propose to the competent agency to
issue the decision.

Article 36.- Handling
the evidences and means of administrative violations:

1. Confiscation of the evidences, money and
means of violation used by the offender to commit the act of administrative
violation and remitting them to the State public fund.

With regard to the evidences and means under the
ownership of a State agency, a social organization or another person which has
been appropriated or illegally used by the offender to carry out his/her
administrative violation, the competent agency shall return them to the owner
or their lawful manager.

– When confiscating the evidences, money and
means of committing the administrative violations, the person on duty shall
have to make a report according to the unified form prescribed by the Ministry
of the Interior and deliver a copy to the sanctioned person.

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1. Apart from the forms of main sanction and
supplementary sanction stipulated in the clauses of this Chapter, an individual
or organization that commits an administrative violation may be subject to
other measures as stipulated in Article 11 of the Ordinance on the Handling of
Administrative Violations.

2. The form of main sanction shall be applied
independently. The supplementary sanction and the use of other administrative
measures shall apply along with the main sanction.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 38.- If the
person competent to hand the sanction violates the regulations on handling
administrative violations, he/she shall be, depending on the character and
extent of the violation, disciplined or examined for penal liability; if the
violation causes material damage, he/she shall have to make compensation.

Article 39.- This
Decree takes effect on the date of its signing and replaces Decree No.141-HDBT
of April 25, 1991 of the Council of Ministers; replaces the regulations on
sanctions against the acts of buying and selling sex stipulated in Article 4
and the acts of using, producing, buying, selling, stocking and transporting
narcotics stipulated in Items 1, 2 and 3 of Article 5 of Decree No.53-CP of
June 28, 1994.

Article 40.- The
Ministers, the Heads of the ministerial-level agencies, the Heads of the
agencies attached to the Government, the Presidents of the People�s Committees of the provinces and cities directly under the
Central Government shall have to implement this Decree.

The Minister of the Interior shall provide
detailed guidance for, and organize the implementation, of this Decree.

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ON BEHALF OF
THE GOVERNMENT
THE PRIME MINISTER

Vo Van Kiet