Vietnam: Fines for violations against regulations on construction of projects and works within border areas and border checkpoint areas

According to Article 11 of the Decree No. 96/2020/NĐ-CP of Vietnam’s Government, penalties for violations against regulations on construction of projects and works within border areas and border checkpoint areas are specified as follows:

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

- Failure to notify the communal People’s Committee or local border-guard post in writing 03 working days in advance of the list of persons, vehicles, time, scope and contents of activities when carrying out survey, design, construction and execution of projects and works within the border area or border checkpoint area;

- Executing a licensed project or work within the border area or border checkpoint area but the investor fails to notify the Border Guard, provincial police authority or district- or communal-level People’s Committee in writing 03 working days in advance.

2. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for building a project or work involving foreign elements within the border area or border checkpoint area but the investor fails to notify the district- or communal-level People's Committee or local border-guard post.

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

- Carrying out survey, design, construction or execution of a project or work, building a project or work involving foreign elements within the border area or border checkpoint area without the license issued by the competent authority;

- Failure to seek opinions of the Ministry of National Defense, the Ministry of Public Security, the provincial People's Committee and relevant agencies upon formulating a planning or a planning project or adjusting the planning or the planning project involving foreign elements within the border area or border checkpoint area.

4. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for the act in Point b Clause 1 or Clause 2 of this Article which fails to be performed at a designated position, affects national border line or damages any national border marker, flag pole, sovereignty stele, marking pole, basepoint, border line sign, item used to mark border, defense work or border work.

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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