Additional penalties and sanctions for military service violations from July 22, 2022
Additional penalties for violations of military service
According to Clause 4, Article 1 of Decree No. 37/2022/ND-CP, effective from July 22, 2022, stipulates the following sanctioning forms:
“Article 2a. Penalties
1. For each administrative violation in the field of national defense and cryptography, organizations and individuals shall be warned or fined.
2. Based on the nature and seriousness of their violations, organizations and individuals that commit violations may also be subject to the following additional sanctioning forms:
a) Deprive the right to use licenses or practice certificates for a definite time;
b) To be confiscated exhibits and vehicles used to commit administrative violations (hereinafter referred to as exhibits and vehicles);
c) Deport foreigners.
3. In case an individual or organization commits administrative violations many times, the violations specified in Chapters II and III of this Decree shall be considered as aggravating circumstances.”
Thus, for violations of military service, the penalties for violations in the defense field mentioned above will be applied.
Additional penalties and sanctions for military service violations from July 22, 2022
Additional remedial measures for violations of military service
According to Clause 5, Article 1 of Decree 37/2022/ND-CP, the sanctions are as follows:
“Article 2b. Remedial measures
1. Remedial measures in the field of national defense include:
a) Forcible restoration of the original state;
b) Forcible demolition of works or parts of works built without permits or not comply with the permits;
c) Forcible remedy of environmental pollution and disease spread;
d) Forcible implementation of procedures for first-time military service registration, military service registration in reserve ranks, additional military service registration, registration upon change of residence or place of work or study practice, register for temporary absence;
d) Forcible performance of military service;
e) Forcible reporting according to regulations;
g) Forcible admission back to school; receive and arrange jobs for non-commissioned officers and soldiers who have completed their military service and return to their old agencies or organizations to work;
h) Forcible reception and re-arrangement of jobs for reserve soldiers upon completion of training, drills and tests of readiness to mobilize, fight and complete tasks and return to the old agency or organization. work;
i) Forcible implementation of decisions or orders to mobilize reserve technical means;
k) Forcible recall of products that do not meet quality standards;
l) Forcible dissolution of militia and self-defense forces illegally established or organized;
m) Forcible participation in militia and self-defense training;
n) Forcible execution of decisions on mobilization of militia and self-defense forces to perform tasks;
o) Forcible relocation out of prohibited areas, protected areas, safety belts of defense works and military zones;
p) Forcible return of illegal profits obtained from committing administrative violations.
2. Remedial measures in the cipher domain include:
a) Forcible handling over cryptographic products to qualified persons as prescribed by law for management;
b) Forcible arrangement cryptographic products according to regulations of competent agencies;
c) Forcible application of technical and professional measures of the cipher industry to ensure the safety and secrecy of state secret information transmitted by means of information and telecommunications or stored in devices. electronics, informatics and telecommunications networks.”
Thus, for violations of military service, remedial measures will be applied in the defense field mentioned above.
Additional subjects of military service violations
According to Clause 3, Article 1 of Decree No. 37/2022/ND-CP, effective from July 22, 2022, stipulates on subjects of military service violations as follows:
“Article 1a. Subjects
1. This Decree applies to Vietnamese organizations and individuals; foreign organizations and individuals (hereinafter referred to as organizations and individuals) that commit acts of administrative violation on national defense and cryptography
in the Vietnamese territory; persons competent to make records of administrative violations and persons competent to sanction administrative violations specified in this Decree.
2. Organizations specified in Clause 1 of this Article include:
a) A state agency commits an act of violation that is not within its assigned state management task;
b) Enterprises established and operating under Vietnamese law; branches and representative offices of foreign enterprises operating in Vietnam;
c) Groups of cooperatives, cooperatives, unions of cooperatives;
d) Non-business units;
d) Social organizations, socio-political organizations, socio-professional organizations.
3. Business households that register their business according to the provisions of law, households that commit administrative violations specified in this Decree shall be sanctioned for such violations same as for individuals”.
Thus, for acts of violating military service, there will be subjects of application in the defense field mentioned above.
Decree 37/2022/ND-CP takes effect from July 22, 2022
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