Legal Counselling

Vietnam: Captains of border-guard posts are entitled to impose a maximum fine of VND 20,000,000 for administrative customs offenses

17:04, 27/10/2020

On October 19, 2020, the Government of Vietnam issued the Decree No. 128/2020/NĐ-CP on penalties for administrative customs offences.

According to Article 30 of the Decree No. 128/2020/NĐ-CP of Vietnam’s Government, the power to impose penalties of the Border Guard is specified as follows:

- The Border Guard officers on duty are entitled to issue warnings.

- Senior officers of the persons mentioned in Clause 1 of this Article are entitled to:

+ issue warnings;

+ impose a maximum fine of VND 2,500,000 upon an individual and VND 5,000,000 upon an organization.

- 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 20,000,000 upon an individual and VND 40,000,000 upon an organization;

+ confiscate the exhibits which have been used for committing administrative offense but are worth less than the fine specified in Point b of this Clause;

+ enforce the remedial measures mentioned in Point d Clause 5 Article 5 hereof.

- 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 fine up to the maximum fine prescribed herein;

+ confiscate the exhibits used for committing administrative offenses;

+ enforce the remedial measures mentioned in Points dd and e Clause 5 Article 5 hereof.

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