Vietnam: Competence of People's Public Security Force to sanction administrative violations in the field of national border management and protection

According to Article 17 of the Decree No. 96/2020/NĐ-CP of Vietnam’s Government, power delegated to People's Public Security Force to sanction administrative violations in the field of national border management and protection is specified as follows:

1. People’s police 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 are entitled to:

- issue warnings;

- impose a maximum fine of VND 1,500,000;

3. Chiefs of the communal police, commanders of police stations and heads of police stations at border checkpoints and export-processing zones are entitled to:

- issue warnings;

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

- 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, c and d Clause 3 Article 3 hereof.

4. Chiefs of the district-level Police, chiefs of Traffic Police Divisions, chiefs of Social Order-related Crime Investigation Divisions; chiefs of Police Divisions for Environmental Crime Prevention and Control; chiefs of Traffic Police Divisions or Road and Rail Traffic Police Divisions; chiefs of Road Traffic Police Divisions; chiefs of Internal Waterways Police Divisions affiliated to the Police of bordering provinces are entitled to:

- issue warnings;

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

- suspend licenses and practicing certificates or suspend the operation;

- 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, c, d, e and i Clause 3 Article 3 hereof.

5. Director of the provincial Police is entitled to:

- issue warnings;

- impose a maximum fine of VND 25,000,000;

- suspend licenses and practicing certificates or suspend the operation;

- 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 deportation;

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

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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