Vietnam: Handling violations of national border management and protection

According to Article 5 of the Decree No. 96/2020/NĐ-CP of Vietnam’s Government, penalties for violations against regulations on management and protection of national border, national border markers and border line signs are specified as follows:

1. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for any one of the following violations:

- Carrying out geological exploration, natural resource extraction or mineral mining according to the license in a manner that damages national border line signs, national border makers, marking poles, items used to mark border, flag poles, sovereignty steles on islands or base points; waters defense works or border works;

- Dumping of soil, rocks and waste in border rivers and streams.

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

- Damaging any national border marker, marking pole, border line sign, border maker, item used to mark border, flag pole, basepoint or sovereignty stele on an islands;

- Changing water flows of border rivers and streams or affecting national border;

- Building permanent works within 30m from the Vietnam - China land border or 100m from the Vietnam - Laos and Vietnam - Cambodia land borders with Laos and Cambodia;

- Illegally building works on border rivers and streams.

3. Additional penalties:

- Confiscation of the exhibit or instrumentality used for committing the administrative violations specified in this Article.

- Suspension of the license to extract or explore natural resources, the mining license or the construction permit for 06 - 12 months in the case of the violations mentioned in Point a Clause 1 and Points c and d Clause 2 of this Article;

- Deportation of the foreign national who commits any of the violations mentioned in this Article.

Moreover, remedial measures include: The violator is compelled to restore the original condition or bear the costs of restoring the original condition or dismantle works or parts of works constructed without a construction permit or against the construction permit if any of the violations in this Article is committed.

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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