Supplementing the authority to sanction administrative violations of the Chief of the Commune Police in Vietnam in the seas, islands and continental shelf of Vietnam from July 22, 2022?
- In the near future, the commune police chief has the power to impose an administrative fine of up to 2,500,000 VND for administrative violations in the sea, islands and continental shelf of Vietnam?
- Will the market management force have the authority to impose administrative sanctions for administrative violations in the seas, islands and continental shelf of Vietnam?
- Supplementing regulations on the authority to impose administrative sanctions on the islands and continental shelf of the Presidents of the People's Committees at all levels?
In the near future, the commune police chief has the power to impose an administrative fine of up to 2,500,000 VND for administrative violations in the sea, islands and continental shelf of Vietnam?
Pursuant to Clause 22, Article 3 of Decree 37/2022/ND-CP stipulates as follows:
“Article 3. Amending and supplementing a number of articles of Decree No. 162/2013/ND-CP dated November 12, 2013 (amended and supplemented by Decree No. 23/2017/ND-CP dated May 13). 3, 2017) of the Government on sanctioning of administrative violations in the sea areas, islands and continental shelf of the Socialist Republic of Vietnam
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22. To add Article 29a after Article 29 as follows:
“Article 29a. Sanctioning competence of the People's Public Security force
The People's Public Security Forces have the power to impose penalties for violations specified in this Decree in the fields and areas under their management as follows:
1. Commune-level police chiefs and marine captains have the right to:
a) Impose a warning;
b) A fine of up to 2,500,000 VND;
c) Confiscate exhibits and means of administrative violations with a value not exceeding 5,000,000 VND;
d) Apply remedial measures specified at Points a and c, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
…
4. Director of Economic Security Department; Director of the Criminal Investigation Department of Social Order; Director of the Police Department investigating crimes related to corruption, economy and smuggling; Director of the Police Department for Investigation of Drug-related Crimes; Director of the Traffic Police Department; Director of the Police Department for Fire Prevention and Fighting and Rescue; Director of the Environmental Crime Prevention and Control Department; The Director of the Department of Cybersecurity and High-Tech Crime Prevention and Control has the right to:
a) A fine of up to 1,000,000,000 VND;
b) Deprivation of the right to use licenses or practice certificates for a definite time or suspension of operations for a definite time;
c) Confiscate exhibits and means of administrative violations;
d) Apply remedial measures specified at Points a, c and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and in Clause 2, Article 4 of this Decree.
5. The director of the Immigration Department has the authority to impose penalties as prescribed in Clause 4 of this Article and has the right to decide on the application of the expulsion sanction.”. "
Thus, in the near future, the Chief of the Commune Police in Vietnam will have the authority to impose administrative sanctions on administrative violations in the seas and islands and continental shelf of Vietnam. The determination of the administrative sanctioning competence of the People's Public Security force will be carried out in accordance with the above provisions in the near future.
Supplementing the authority to sanction administrative violations of the Chief of the Commune Police in Vietnam in the seas, islands and continental shelf of Vietnam from July 22, 2022?
Will the market management force have the authority to impose administrative sanctions for administrative violations in the seas, islands and continental shelf of Vietnam?
Pursuant to Clause 25, Article 3 of Decree 37/2022/ND-CP stipulates as follows:
“Article 3. Amending and supplementing a number of articles of Decree No. 162/2013/ND-CP dated November 12, 2013 (amended and supplemented by Decree No. 23/2017/ND-CP dated May 13). 3, 2017) of the Government on sanctioning of administrative violations in the sea areas, islands and continental shelf of the Socialist Republic of Vietnam
…
25. To amend and supplement Article 31a as follows:
“Article 31a. Sanctioning authority of the Market Manager
Market management has the power to impose penalties for administrative violations specified in Article 15 of this Decree, within the scope of its management as follows:
1. The leader of the Market Management Team, the Head of the Operations Department of the Market Management Operations Department has the right to:
a) Impose a warning;
b) A fine of up to VND 25,000,000;
c) Confiscate exhibits and means of administrative violations with a value not exceeding VND 20,000,000;
d) Apply remedial measures specified at Points a and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
...
3. The General Director of the General Department of Market Management has the right to:
a) Impose a warning;
b) A fine of up to 1,000,000,000 VND;
c) Confiscate exhibits and means of administrative violations;
d) Deprivation of the right to use licenses or practice certificates for a definite time or suspension of operations for a definite time;
dd) Apply remedial measures specified at Points a, c and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations.”.”
Accordingly, in the near future, the market management force will have the authority to impose administrative sanctions on the seas, islands and continental shelf of Vietnam according to the above regulations.
Supplementing regulations on the authority to impose administrative sanctions on the islands and continental shelf of the Presidents of the People's Committees at all levels?
According to Clause 26, Article 3 of Decree 37/2022/ND-CP stipulates as follows:
“Article 3. Amending and supplementing a number of articles of Decree No. 162/2013/ND-CP dated November 12, 2013 (amended and supplemented by Decree No. 23/2017/ND-CP dated May 13). 3, 2017) of the Government on sanctioning of administrative violations in the sea areas, islands and continental shelf of the Socialist Republic of Vietnam
…
26. To amend and supplement Article 31b as follows:
“Article 31b. Sanctioning competence of the President of the People's Committee
The President of the People's Committee has the power to impose penalties for violations specified in this Decree within the scope of his/her local management as follows:
1. Presidents of the People's Committees of coastal communes have the right to:
a) Impose a warning;
b) A fine of up to 5,000,000 VND;
c) Confiscate exhibits and means of administrative violations with a value not exceeding VND 10,000,000;
d) Apply remedial measures specified at Points a, b and c, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
2. Presidents of People's Committees of coastal districts have the right to:
a) Impose a warning;
b) A fine of up to VND 100,000,000;
c) Deprive the right to use licenses or practice certificates for a definite time or suspend operations for a definite time;
d) Confiscation of material evidences and means of administrative violations;
dd) Apply remedial measures specified at Points a, b, c, e and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clauses 4 and 5, Article 4 of Decree No. this determination.
3. Presidents of People's Committees of coastal provinces have the right to:
a) Impose a warning;
b) A fine of up to 1,000,000,000 VND;
c) Deprive the right to use licenses or practice certificates for a definite time or suspend operations for a definite time;
d) Confiscation of material evidences and means of administrative violations;
dd) Apply remedial measures specified at Points a, b, c, d, e and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clauses 2 and 3 , Clauses 4 and 5, Article 4 of this Decree.”.”
Accordingly, in the near future, the Presidents of the People's Committees at all levels will have the authority to impose administrative sanctions on Vietnam's seas, islands and continental shelf according to the content of the above regulation.
Decree 37/2022/ND-CP takes effect from July 22, 2022.
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