Competence of Vietnam Border Guard to sanction administrative violations in the field of national border management and protection

On October 10, 2020, the Decree No. 96/2020/NĐ-CP on penalties for administrative violations against regulations on national border management and protection of Vietnam’s Government will come into force.

Thẩm quyền xử phạt của Bộ đội Biên phòng trong quản lý, bảo vệ biên giới quốc gia , , Nghị định 96/2020/NĐ-CP

 

According to Article 16 of the Decree No. 96/2020/NĐ-CP of Vietnam’s Government, power delegated to the Border Guard to sanction administrative violations in the field of national border management and protection is specified as follows:

1. The Border Guard officers on duty are entitled to:

- issue warnings;

- impose a maximum fine of VND 500,000;

2. Senior officers of the persons mentioned in Clause 1 of this Article and heads of border control stations are entitled to:

- issue warnings;

- impose a maximum fine of VND 2,500,000;

3. Captains of border-guard posts, commanders of border-guard flotillas and commanders of border guards at port checkpoints are entitled to:

- issue warnings;

- impose a maximum fine of VND 10,000,000;

- confiscate the exhibits and instrumentalities used for administrative violation commission, the value of which does not exceed the fine specified in Point b of this Clause;

- enforce the remedial measures mentioned in Points a, b, c, d, e, g, h, i, l and m Clause 3 Article 3 hereof.

4. Commanders of provincial border guards and commanders of coastal guard fleets affiliated to the Border Guard High Command are entitled to:

- issue warnings;

- impose a maximum fine of VND 50,000,000;

- suspend licenses and practicing certificates or suspend the operation;

- enforce the remedial measures mentioned in Clause 3 Article 3 hereof.

View more details at the Decree No. 96/2020/NĐ-CP of Vietnam’s Government, issued on August 24, 2020.

Le Vy

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