Vietnam: What is failure to report, concealment or facilitation of another person’s illegal temporary residence, staying or traveling in land border areas?
- What is failure to report, concealment or facilitation of another person’s illegal temporary residence, staying or traveling in land border areas of Vietnam?
- What is the fine for failure to report, concealment or facilitation of another person’s illegal temporary residence, staying or traveling in land border areas of Vietnam?
- Who has the power to impose penalties for failing to report, concealing or facilitating another person’s illegal temporary residence, staying or traveling in land border areas of Vietnam?
What is failure to report, concealment or facilitation of another person’s illegal temporary residence, staying or traveling in land border areas of Vietnam?
Pursuant to Clause 2, Article 4 of Circular 82/2022/TT-BQP stipulating as follows:
Violation against the regulations on land border areas specified at Points b, c, Clause 1, Point a, Clause 3, Point c, Point d, Point e, Clause 5, Clause 9, Article 6 of Decree No. 96/2020/ND-CP
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2. Acts specified at Point c, Clause 1, Article 6 of Decree No. 96/2020/ND-CP are acts of individuals or organizations that fail to report, declare or register temporary residence, stay or travel in a land border area or conceal or facilitate another person’s illegal temporary residence, staying or traveling in a land border area.
At Point c, Clause 1, Article 6 of Decree 96/2020/ND-CP, the fine for failure to report, declare or register temporary residence, stay or travel in a land border area, or conceals or facilitate another person’s illegal temporary residence, staying or traveling in a land border area was regulated.
Accordingly, failure to report, concealment or facilitation of another person’s illegal temporary residence, staying or traveling in land border areas of Vietnam is that individuals, organizations temporarily reside or stay in the land border area, but they fail to report or declare to competent agencies or individuals, the organization conceal or facilitate another person’s illegal temporary residence, staying or traveling in a land border area.
What is the fine for failure to report, concealment or facilitation of another person’s illegal temporary residence, staying or traveling in land border areas of Vietnam?
Pursuant to Clause 1, Article 6 of Decree 96/2020/ND-CP stipulating as follows:
Violations against regulation on land border area
1. A fine ranging from VND 300,000 to VND 500,000 shall be imposed:
a) on a Vietnamese citizen who enters a land border area or the border belt without his/her ID card or Citizen ID card; or
b) on a person who temporarily resides, stays or travels in a land border area in contravention of regulations; or
c) for failure to report, declare or register temporary residence, stay or travel in a land border area, or conceal or facilitate another person’s illegal temporary residence, staying or traveling in a land border area.
Accordingly, the act of failure to report, concealment or facilitation of another person’s illegal temporary residence, staying or traveling in land border areas of Vietnam will be fined from VND 300,000 to VND 500,000.
Note, the above fine only applies to individuals. For organizations, the fine shall be doubled.
Who has the power to impose penalties for failing to report, concealing or facilitating another person’s illegal temporary residence, staying or traveling in land border areas of Vietnam?
Pursuant to Clause 1, Article 15 of Decree 96/2020/ND-CP, a number of provisions amended by Point a, Clause 14, Article 2 of Decree 37/2022/ND-CP stipulating as follows:
Power delegated to People’s Committees of bordering communes, districts and provinces
1. Presidents of communal People’s Committees are entitled to:
a) issue warnings;
b) impose a maximum fine of VND 5,000,000;
c) confiscate the exhibits and instrumentalities used for administrative violation commission, the value of which does not exceed VND 10,000,000;
d) enforce the remedial measures mentioned in Points a, b, c and d Clause 3 Article 3 hereof.
Pursuant to Clause 1, Article 16 of Decree 96/2020/ND-CP stipulating as follows:
Power delegated to the Border Guard
1. The Border Guard officers on duty are entitled to:
a) issue warnings;
b) impose a maximum fine of VND 500,000;
Pursuant to Clause 1, Article 17 of Decree 96/2020/ND-CP stipulating as follows:
Power delegated to People's Public Security Force
The People’s Public Security Force is entitled to impose penalties for the violations mentioned in this Decree in the fields and areas under its management as follows:
1. People’s police officers on duty are entitled to:
a) issue warnings;
b) impose a maximum fine of VND 500,000;
Pursuant to Article 24 of Decree 96/2020/ND-CP as amended by Clause 23, Article 2 of Decree 37/2022/ND-CP stipulating as follows:
Delegation of power to impose penalties
1. Presidents of People's Committees at all levels where borders are located have the authority to sanction administrative violations specified in Articles 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of this Decree within the scope of management of their localities according to the competence specified in Article 15 This Decree.
2. Competent persons of the Border Guards have the authority to sanction administrative violations specified in Articles 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of this Decree according to the competence specified in Article 16 of this Decree and assigned functions, tasks and powers.
3. Competent persons of the People's Public Security have the authority to sanction administrative violations for violations specified in Article 5; Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Point c, Clause 7, Clause 8, Point a, Clause 9, Clause 10, Article 6; Article 7; Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Point b, Point c, Point d, Clause 8, Point b, Clause 10, Clause 11, Article 8; Clause 1, Point a, Point b, Point c Clause 2, Point a, Point b Clause 3, Point a Clause 4, Point a, Point b Clause 5, Point d Clause 6 Article 9; Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Article 10; Clause 1, Clause 2, Point a, Clause 3, Clause 4, Article 11; Clause 1, Clause 2, Article 12; Points a, b, c, d, dd, e, Clause 1, Article 13 and Article 14 of this Decree according to the competence specified in Article 17 of this Decree and their assigned functions, tasks and powers.
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According to the above-mentioned provisions, the Chairman of the commune-level People's Committee, the border guards and the People's Police Security shall impose penalties for failing to report, concealing or facilitating another person’s illegal temporary residence, staying or traveling in land border areas of Vietnam.
Circular 82/2022/TT-BQP will take effect from January 8, 2023.
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