The act of launching flying vehicles over the border area in Vietnam will be administratively fined up to VND 75,000,000 in the near future?
What is the administrative sanction for launching flying vehicles in border area in Vietnam or across borders?
Pursuant to Clause 10, Article 6 of Decree No. 96/2020/ND-CP stipulating the level of administrative sanction for the act of launching aircraft within or over the border area in Vietnam as follows:
“Article 6. Acts of violating regulations on land border areas
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10. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for one of the following acts:
a) Shoot, launch, release and control flying vehicles in border areas or across borders;
b) Mining minerals within 500 meters from the land border line;
c) Install hazardous chemical storage devices and build a hazardous waste treatment facility within 1,000 meters of the land border.”
The act of launching flying vehicles over the border area will be administratively fined up to VND 75,000,000 in the near future?
In the near future, the act of launching flying vehicles over the border area in Vietnam may be subject to heavier administrative penalties?
Pursuant to Clause 7, Article 2 of Decree 37/2022/ND-CP amending the administrative sanction for the act of launching aircraft in or over the border area in Vietnam as follows:
“Article 2. Amending and supplementing a number of articles of Decree No. 96/2020/ND-CP dated August 24, 2020 of the Government providing for penalties for administrative violations in the field of border management and protection nation
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7. To amend and supplement a number of clauses of Article 6 as follows:
a) To amend and supplement Point b, Clause 9 as follows:
“b) Shooting hunting guns within 1,000 meters from the land border, but not to the extent of criminal prosecution.”.
b) Amending and supplementing the opening paragraph of Clause 10 as follows:
"10. A fine ranging from VND 40,000,000 to VND 75,000,000 shall be imposed for one of the following acts:”.
c) Add point e after point dd Clause 12 as follows:
“e) Forcibly bringing out of the territory of the Socialist Republic of Vietnam or re-exporting goods, articles and means not mentioned in Point d of this Clause, for violations specified in Clause 8 and Point a, Clause 1 of this Article. 9 This.”.”
According to the revised regulations mentioned above, the act of launching aircraft over the border area can be administratively fined up to 75,000,000 VND.
Calculating the statute of limitations for sanctioning the act of launching aircraft over the border area in Vietnam?
Pursuant to Clause 2, Article 2 of Decree 37/2022/ND-CP, the time limit for calculating the statute of limitations for sanctioning administrative violations in the field of national border management and protection has been added as follows:
“Article 2. Amending and supplementing a number of articles of Decree No. 96/2020/ND-CP dated August 24, 2020 of the Government providing for penalties for administrative violations in the field of border management and protection nation
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2. To add Article 2a after Article 2 as follows:
“Article 2a. Time to calculate the statute of limitations for sanctioning administrative violations in the field of national border management and protection
The time limit for calculating the statute of limitations for sanctioning administrative violations in the field of national border management and protection shall comply with the provisions of Clause 1, Article 6 of the Law on Handling of Administrative Violations 2012, as amended and supplemented at Point a, Clause 4, Article 1 of the Law amending and supplementing a number of articles of the Law on Handling of Administrative Violations in 2020, specifically as follows:
1. For administrative violations specified at Point c, Clause 2, Article 6 and Point dd, Clause 5, Article 9 of this Decree, the statute of limitations for sanctioning is counted from the date the individual or organization completes the act of providing information. untrue; carry out incomplete or inaccurate declaration procedures to be issued with valid border entry and exit documents or falsify electronic border guard dossiers.
2. Acts of administrative violations against regulations on notification, declaration, reporting, registration, and permission; failing to present the license, using the wrong license, exceeding the time limit and scope stated in the permit as prescribed at point c, clause 1, point dd clause 2, point d clause 3, point a clause 4, point a, point b Clause 7 Article 6; Point c Clause 1, Point b, Point c Clause 8, Clause 9, Point b Clause 10, Point c Clause 11 Article 8; Clause 1, Clause 2, Point b, Point d Clause 3, Point d, Point e Clause 5, Point a Clause 6 Article 9 of this Decree, the statute of limitations for sanctioning is counted from the date the individual or organization commits the violation. offense.
3. Administrative violations specified at Point b, Clause 4, Article 6; Clause 3, Point d Clause 4 Article 7; Point a, Clause 3, Point dd, Clause 4, Point a, Clause 5, Article 9 of this Decree, the statute of limitations for sanctioning is counted from the date on which the organization or individual fails to comply with the decision on inspection or opposes or fails to provide information according to regulations. orders and decisions of competent state agencies in accordance with law.
4. Acts of violation on reporting and notification deadlines specified at Point c, Clause 2, Point a, Clause 6, Article 8; Point d Clause 6 Article 9; Clause 1, Article 11 of this Decree, the time of termination of violations is the date the organization or individual reports or gives notice as prescribed.
5. On-going administrative violations are violations that do not fall into the cases specified in Clauses 1, 2, 3 and 4 of this Article, the statute of limitations shall be counted from the date the competent person executes service to detect violations.
6. Within the time limit specified in Clauses 1, 2, 3, 4 and 5 of this Article, if an individual or organization intentionally evas or obstructs the sanctioning, the statute of limitations for sanctioning administrative violations shall be recalculated from the time of termination of the act of evading or obstructing the sanctioning.”.
Thus, the time to calculate the statute of limitations for administrative handling for the act of launching an aircraft over a border area is counted from the date a competent person on duty detects the violation.
Decree 37/2022/ND-CP will take effect from July 22, 2022.
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