Will the captain of the Drug and Crime Task Force in Vietnam be entitled to impose fines for administrative violations in the seas and islands and continental shelf of Vietnam?
- From July 22, 2022, will the Captain of the Task Force on Drugs and Crime Prevention have the power to sanction administrative violations in Vietnam's seas and islands and continental shelf?
- Sanctioning competence of the Border Guard in sanctioning administrative violations in the sea, islands and continental shelf today?
- In case the violator is an individual or an organization, how does the sanctioning authority apply?
From July 22, 2022, will the Captain of the Task Force on Drugs and Crime Prevention have the power to sanction administrative violations in Vietnam's seas and islands and continental shelf?
Pursuant to Clause 21, Article 3 of Decree 37/2022/ND-CP, there have been changes in the administrative sanctioning competence of the Border Guard for administrative violations in the sea, islands and continental shelf of Vietnam. South 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
…
21. To amend and supplement Article 29 as follows:
“Article 29. Sanctioning competence of the Border Guards
The Border Guard has the power to impose penalties for violations specified in this Decree in the fields and areas under their management as follows:
1. Station commanders and captains of Border Guard soldiers on duty have the right to:
a) Impose a warning;
b) A fine of up to 2,500,000 VND.
2. The captain of the Special Task Force on Drug and Crime Prevention of the Task Force on Drugs and Crime Prevention has the right to:
a) Impose a warning;
b) A fine of up to 10,000,000 VND;
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 c, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
3. The Commander of the Border Guard Station, the Captain of the Border Guard Squadron, and the Commander of the Commanding Board of the Border Guard at the port border gate shall have the power 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 50,000,000;
d) Apply remedial measures specified at Points a, c and d, Clause 1, Article 28 of the Law on Handling of Administrative Violations and in Clauses 2, 4 and 5, Article 4 of this Decree.
4. The leader of the Drug and Crime Task Force under the Drugs and Crime Prevention Department of the Border Guard Command has the power to:
a) Impose a warning;
b) A fine of up to VND 100,000,000;
c) Confiscate exhibits and means of administrative violations with a value not exceeding VND 200,000,000;
d) Apply remedial measures specified at Points a, c, d and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and in Clauses 2, 4 and 5, Article 4 of Decree No. this determination.
5. Commanders of Provincial Border Guards; The Commander of the Border Guard Squadron and the Director of the Drug and Crime Prevention Department under the Border Guard Command has the power 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, c, d and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and in Clauses 2, 3, 4 and 5. Article 4 of this Decree.”.
Accordingly, from July 22, 2022, the Border Guard force will have the authority to impose administrative penalties for administrative violations in the seas and islands and continental shelf of Vietnam in accordance with the above provisions. .
The captain of the Special Task Force on Drugs and Crime in Vietnam will be entitled to a fine of up to 10 million dong for administrative violations in Vietnam's seas and islands and continental shelf?
Sanctioning competence of the Border Guard in sanctioning administrative violations in the sea, islands and continental shelf today?
Pursuant to Article 29 of Decree 162/2013/ND-CP (amended by Clause 3, Article 1 of Decree 23/2017/ND-CP) as follows:
“Article 29. Sanctioning competence of the Border Guards
The Border Guard has the power to impose penalties for violations specified in this Decree in the fields and areas under their management as follows:
1. Station commanders and captains of Border Guard soldiers on duty have the right to:
a) Impose a warning;
b) A fine of up to 2,500,000 VND.
2. The Commander of the Border Guard Station, the Captain of the Border Guard Squadron, the Commander of the Border Guard Sub-area, and the Commander of the Port Border Guard have the power 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 25,000,000;
d) Apply remedial measures specified at Points a, c, dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clauses 2, 4, and 5, Article 4 of this Decree.
3. Commanders of Provincial Border Guards and Commanders of Border Guard Squadrons under the Border Guard Command have the power 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, c, dd, i, Clause 1, Article 2.8 of the Law on Handling of Administrative Violations and Clauses 2, 3, 4, 5, Article 4 of this Decree.”
Thus, the authority to impose administrative sanctions on the Border Guard force on the seas and islands and on the continental shelf of our country is currently implemented in accordance with the above provisions.
In case the violator is an individual or an organization, how does the sanctioning authority apply?
Pursuant to Clause 3, Article 3 of Decree 162/2013/ND-CP stipulates as follows:
“Article 3. Fine levels and fines competence
…
3. The competence to impose fines of the titles specified in Chapter III of this Decree is the competence to impose fines on individuals; authority to impose fines on organizations is equal to 02 times for individuals.”
Thus, the administrative sanctioning authority applied under the above provisions applies only to individuals. In case the organization commits administrative violations, the sanctioning competence will be doubled.
Decree 37/2022/ND-CP will take effect from July 22, 2022.
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