The captain of the Coast Guard Squadron in Vietnam will have the right to confiscate means of administrative violations worth up to VND 50 million from July 22, 2022?
- How does the Vietnam Coast Guard have the authority to sanction administrative violations in the seas, islands and continental shelf of our country today?
- The captain of the Coast Guard Squadron in Vietnam will have the right to confiscate means of administrative violations in Vietnam's seas and islands and continental shelf worth up to VND 50,000,000 in the near future?
- Currently, what is the maximum fine level for administrative violations in the seas and islands and continental shelf of Vietnam?
How does the Vietnam Coast Guard have the authority to sanction administrative violations in the seas, islands and continental shelf of our country today?
Pursuant to Article 28 of Decree 162/2013/ND-CP stipulates as follows:
“Article 28. Sanctioning competence of the Vietnam Coast Guard
1. Coast Guard officers on duty have the right to:
a) Impose a warning;
b) A fine of up to 1,500,000 VND
2. The head of the Coast Guard's Operational Team has the right to:
a) Impose a warning;
b) A fine of up to 5,000,000 VND.
…
7. The Coast Guard Commander has 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 the remedial measures specified at Points a, b, c, d, dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clauses 2, 3, 4 and 5, Article 4 of this Decree. .”
Accordingly, at present, each position and position in the Vietnam Coast Guard will have the authority to impose administrative sanctions according to the sanctioning frameworks specified in the above content.
The captain of the Coast Guard Squadron in Vietnam will have the right to confiscate means of administrative violations worth up to VND 50 million from July 22, 2022?
The captain of the Coast Guard Squadron in Vietnam will have the right to confiscate means of administrative violations in Vietnam's seas and islands and continental shelf worth up to VND 50,000,000 in the near future?
Pursuant to Clause 20, Article 3 of Decree 37/2022/ND-CP, there are amendments to the administrative sanctioning competence of the Vietnam Coast Guard 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 November 13) March 2017) of the Government on sanctioning of administrative violations in the seas, islands and continental shelf of the Socialist Republic of Vietnam
…
20. To amend and supplement Article 28 as follows:
“Article 28. Sanctioning competence of the Vietnam Coast Guard
1. Coast Guard officers on duty have the right to:
a) Impose a warning;
b) A fine of up to 1,500,000 VND.
2. The head of the Coast Guard's Operational Team has the right to:
a) Impose a warning;
b) A fine of up to 5,000,000 VND.
3. The captain of the Coast Guard professional team and the station commander of the Coast Guard station has the right to:
a) Impose a warning;
b) A fine of up to 10,000,000 VND;
c) Apply remedial measures specified at Points a and c, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
4. The captain of the Coast Guard Squadron 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 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 and 4, Article 4 of this Decree.
5. Captain of the Coast Guard Squadron; The Commander of the Reconnaissance Delegation and the Chief of the Special Task Force on drug crime prevention under the Vietnam Coast Guard Command has the power to:
a) Impose a warning;
b) A fine of up to VND 50,000,000;
c) Confiscate exhibits and means of administrative violations with a value not exceeding VND 100,000,000;
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.
6. The Commander of the Coast Guard Region, the Director of the Legal and Professional Affairs Department under the Vietnam Coast Guard Command has the power to:
a) Impose a warning;
b) A fine of up to VND 100,000,000;
c) Deprivation of the right to use licenses or practice certificates for a definite time;
d) Confiscation of material evidences and means of administrative violations;
dd) Apply remedial measures specified at Points a, c and d, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clauses 2, 3, 4 and 5, Article 4 of Decree No. this determination.
7. The Commander of the Vietnam Coast Guard has 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 the remedial measures specified at Points a, b and c, Clause 1, Article 28 of the Law on Handling of Administrative Violations and in Clauses 2, 3, 4 and 5, Article 4. this Decree.”
Thus, in the near future, the administrative sanctioning competence of the Vietnam Coast Guard in the seas and islands and continental shelf of our country will be applied according to the above provisions.
Currently, what is the maximum fine level for administrative violations in the seas and islands and continental shelf of Vietnam?
Pursuant to Clause 1, Article 3 of Decree 162/2013/ND-CP stipulates as follows:
“Article 3. Fine levels and fines competence
1. The maximum fine in the management of sea areas, islands and continental shelf of the Socialist Republic of Vietnam for individuals is 1,000,000,000 VND, for organizations is 2,000,000,000 VND.”
Accordingly, the administrative sanction for administrative violations in the sea, islands and continental shelf of Vietnam will be up to 1,000,000,000 VND for individuals and 2,000,000,000 VND for organizations. office.
Note: The sanctioning authority mentioned in the above regulations only applies to individuals who violate fines, in case of violations by organizations, the administrative sanctioning competence will be double that of individuals.
Decree 37/2022/ND-CP will take effect from July 22, 2022.
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