The foreign individual that commits the administrative violation against regulations on land surveying and mapping may be expelled from Vietnam

According to Decree No. 18/2020/ND-CP of Vietnam’s Government, based on the violation's seriousness, the foreign individual that commits the administrative violation against regulations on land surveying and mapping may be expelled from the Socialist Republic of Vietnam.

Specifically, according to Clause 4 Article 10, Point b Clause 4 Article 11 and Point c Clause 3 Article 13 of Decree No. 18/2020/ND-CP, in addition to being fined and having the exhibit or instrumentality used for committing the administrative violation confiscated, the foreign individual that commits the following violations may be expelled from the Socialist Republic of Vietnam:

Article 10. Violations against regulations on transfer, provision, exploitation, use and exchange of land surveying and mapping information, data and products

…

3. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for international exchange or import/export of land surveying and mapping information/data/products related to national sovereignty without representing or without accurately representing the national sovereignty or national border lines in accordance with regulations of law on land surveying and mapping.

Article 11. Violations against regulations on publishing and circulation of land surveying and mapping products and map publications

…

2. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for circulating a land surveying and mapping product or map publication related to national sovereignty without representing or without accurately representing the national sovereignty or national border lines in accordance with regulations of law on land surveying and mapping.

3. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for publishing a land surveying and mapping product or map publication related to national sovereignty without representing or without accurately representing the national sovereignty or national border lines in accordance with regulations of law on land surveying and mapping.

Article 13. Act of misusing land surveying and mapping activities to infringe upon national interests and lawful rights and interests of entities

…

2. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for misusing land surveying and mapping activities to infringe upon national interests.

This means that from April 01, 2020, if a foreign individual commits any of the aforementioned acts, they may be subjected to both fines and deportation from the Socialist Republic of Vietnam. This is a new form of penalty that has been added in Decree No. 18/2020/ND-CP, as the previous Decree No. 173/2013/ND-CP amended by Decree No. 84/2017/ND-CP did not mention the form of deportation.

Moreover, Decree No. 18/2020/ND-CP also specifies that if any administrative violation occurs prior to the effective date of this Decree, is detected after the effective date of this Decree or action against such violation is considered, regulations of Decree No. 173/2013/ND-CP and Decree No. 84/2017/ND-CP shall apply. If the regulations on penalty imposition specified in Decree No. 18/2020/ND-CP are advantageous to entities, they shall prevail.

View more details at Decree No. 18/2020/ND-CP of Vietnam’s Government, effective from April 01, 2020.

Toan Trung

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE