Vietnam: Administrative penalties for violations against regulation on land border area

According to Article 6 of the Decree No. 96/2020/NĐ-CP of Vietnam’s Government, penalties for violations against regulation on land border area are specified as follows:

1. A fine ranging from VND 300,000 to VND 500,000 shall be imposed:

- on a Vietnamese citizen who enters a land border area or the border belt without his/her ID card or Citizen ID card; or

- on a person who temporarily resides, stays or travels in a land border area in contravention of regulations; or

- 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.

2. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed:

- on a border citizen who uses expired entry/exit document to cross the border; or

- on a border citizen who travels outside the permitted areas when permitted to travel across the border; or

- for providing inaccurate information to be issued with an entry/exit document; or

- on a foreign national who enters a land border area (except for tourism areas, services areas and economic zones) or the border belt without carrying any prescribed document; or

- on a foreign national who enters the border belt without reporting his/her entry to the local border-guard post; or

- on a resident that grazes cattle and poultry across the border.

3. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed:

- on a border citizen who allows another to use his/her entry/exit document to cross the border; or

- for carrying out farming or excavation within the border sightline; or

- for violating operating principles applied to ships on border rivers and streams; or

- for failure to report to the local border-guard post or communal police authority the purpose, time and list of persons, quantity of vehicles, contents and scope of activities in the border belt; or

- for leaving, entering, traveling, operating vehicles or conducting activities against regulations within a prohibited area.

4. A fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed:

- on an organization that brings foreign nationals to a land border area without sending any person to accompany them or notifying the provincial police authority or provincial Border Guard of arrival; or

- for failure to comply with the decision to suspend activities within a land border area or the border belt issued by a competent person; or

- for facilitating unlawful activities of persons or vehicles within a land border area; or

- for traveling outside permitted areas in a land border area, except for border residents; or

- for illegally filming, photographing, measuring or drawing landscapes or recording videos using electronic devices or radio transceivers in the prohibited area.

5. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed:

- on an organization that brings foreign nationals to a land border area in case where the organization has yet to be licensed or has not been licensed by a competent police authority; or

- on a border resident who crosses the border for farming; or

- on a border resident who crosses the border without his/her entry/exit document in accordance with law; or

- on a border resident who fails to cross the border at border crossing points intended for border residents; or

- for using another person’s entry/exit document to cross the border; or

- for allowing another person to use entry/exit document to cross the border.

6. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following violations:

- Carrying out slash and burn cultivation within 1,000m from the land border;

- Illegally immigrating to a land border area;

- Illegally using explosive materials and explosives precursors within the border belt, which is not so serious that criminal prosecution may be brought;

7. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed:

- on an organizations that operate within the border belt without notifying the local border-guard post of list of persons, vehicles, time, scope and contents of activities; or

- for entering the border belt without prescribed documents and without notifying the local border-guard post or communal People’s Committee, except for border residents; or

- for illegally catching aquatic products or using explosives, toxic substances or electric pulses on rivers, streams or underground in a border area.

8. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for illegally transporting corpses, bones or animal carcasses across the border.

9. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for any one of the following violations:

- Burying corpses, bones or animal carcasses or moving graves within the border belt;

- Firing guns to go hunting within 1,000m from the land border.

10. A fine ranging from VND 40,000,000 to VND 50,000, 000 shall be imposed for any one of the following violations:

- Firing, launching or releasing aircraft within the border area or across the border;

- Mining minerals to within 500m from the land border;

- Installing equipment containing hazardous chemicals and building hazardous waste treatment facilities within 1,000m from the land border.

View more details at the Decree No. 96/2020/NĐ-CP of Vietnam’s Government, effective from October 10, 2020.

Le Vy

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