Vietnam: District-level Police Heads are entitled to impose fines of up to VND 40 million for administrative violations in journalistic activities

According to Article 39 of Decree No. 119/2020/NĐ-CP of Vietnam’s Government, those competent to impose penalties for administrative violations of the people’s public security have the power to impose penalties for administrative violations in journalistic and publishing activities for the actions specified at point a, clause 1, clause 2 and clause 3 of Article 6; Article 7; point a, clause 1, Article 9; Article 11; clause 1 and point a clause 2 Article 13; Article 15; Article 16; points a, c, e and g clause 1, points b, c, d and dd clause 2, clauses  3, 4, 5 and 6 of Article 20; clause 3 of Article 21; Chapter III of this Decree, specifically according to the provisions of clauses 1, 2, 3, 4 and 5 of this Article and in conformity with the functions, tasks and powers of the People's Public Security force. To be specific:

- Team leaders and chiefs of the People's Public Security are entitled to:

+ Issue warnings;

+ Impose fines of up to VND 3,000,000.

- Communal-level police chiefs, heads of police stations, heads of police stations at border gates and export processing zones are entitled to:

+ Issue warnings;

+ Impose fines of up to VND 5,000,000;

+ Confiscate the exhibits and means of administrative violations, the value of which must not exceed VND 5,000,000;

+ Enforce the remedial measures mentioned in point n clause 3 Article 3 of this Decree.

- District-level Police Heads, Provincial-level Public Security Heads include:  Chief of Police Department of Investigation of Crime In Corruption, Economics, Smuggling, Chief of Police Department of Investigation of Crime of Social Order, Head of Division Police in Administrative Management of Social Order, Head of Economic Security Division, Head of Internal Political Security Division, Head of Cyber​​Security and High-Tech Crime Prevention and Control Division, Chief of Police Traffic Division, Chief of Division of Road or Railway Traffic Police and Chief of Waterway Traffic Police Division are entitled to:

+ Issue warnings;

+ Impose fines of up to VND 40,000,000;

+ Confiscate the exhibits of administrative violations, the value of which must not exceed the amount mentioned in Point a of this Clause;

+ Suspend the license, the definite-term practicing certificate, or the operation;

+ Apply remedial measures specified in points c, dd, e, g, h, i, k, l, n, o, p and q clause 3 Article 3 of this Decree.

- Director of Police of province is entitled to:

+ Impose fines of up to VND 100,000,000;

+ Confiscate the illegal items, the value of which must not exceed the amount mentioned in Point a of this Clause;

+ Suspend the license, the practicing certificate, or the operation;

+ Apply remedial measures specified in points c, d, dd, e, g, h, i, k, l, n, o, p and q clause 3 Article 3 of this Decree.

- Director of Department of Cyber ​​Security and High-tech Crime Prevention and Control, Director of Police Department for Investigation of Crime of Social Order, Director of Police Department of Investigation of Crime in Economic Corruption and Smuggling, the Director of the Police Administration of Social Order, the Director of the Drug-related Crime Investigation Police, the Director of the Internal Political Security Department, the Director of the Economic Security Bureau are entitled to:

+ Impose fines of up to VND 200,000,000;

+ Confiscate the exhibits and means of administrative violations;

+ Suspend the license, the practicing certificate, or the operation;

+ Apply remedial measures specified in points c, d, dd, e, g, h, i, k, l, n, o, p and q clause 3 Article 3 of this Decree.

View more details at Decree No. 119/2020/NĐ-CP of Vietnam’s Government, effective from December 01, 2020.

Le Vy

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