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

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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