Vietnam: Heads of Reconnaissance Commissions also have the authority to sanction administrative violations

Specifically, according to Clause 14 Article 1 of the Law on amendments and supplements to certain articles of Law on handling of administrative violations 2020 of Vietnam, amending and supplementing some clauses of Article 41 of the Law on handling of administrative violations 2012 on the competence of Coast Guards in handling of administrative violations as follows: 

1. Policemen of the Coast Guard operation teams, being on official duties, shall have the rights to:

- Impose warning;

- Impose fines of up to 2% of the maximum fine levels for the respective field specified in Article 24 of this Law but not over VND 1,500,000;

2. Heads of the operation units of the Coast Guard shall have the rights to:

- Impose warning;

- Impose fines of up to 5% of the maximum fine levels for the respective field specified in Article 24 of this Law but not over VND 5,000,000;

3. Heads of the operation teams of the Coast Guard, station heads of the Coast Guard stations shall have the right to:

- Impose warning;

- Impose fines of up to 10% of the maximum fine levels for the respective field specified in Article 24 of this Law but not over VND 10,000,000;

- Apply the remedial measures specified in points a, c, and dd Clause 1, Article 28 of this Law.

4. The Coast Guard flotilla captains shall have the rights to:

- Impose warning;

- Impose fines of up to 20% of the maximum fine levels for the respective field specified in Article 24 of this Law but not over VND 25,000,000;

- Confiscate material evidences and/or means used for administrative violations, with value of not over the fine levels specified in point b of this clause;

- Apply the remedial measures specified in point a, c, d, dd and k, Clause 1, Article 28 of this Law.

5. Captains of Naval Border Guard Squadrons; Heads of Reconnaissance Commissions; Heads of Task Force Commissions for Drug Crime Prevention and Control under the control of the Command of Coast Guard of Vietnam shall have the following rights:

- Impose warning;

- Impose fines of up to 30% of the maximum fine levels for the respective field specified in Article 24 of this Law but not over VND 50,000,000;

- Confiscate material evidences and/or means used for administrative violations, with value of not over the fine levels specified in point b of this clause;

- Apply the remedial measures specified in point a, c, d, dd and k, Clause 1, Article 28 of this Law.

6. Regional Commands of Coast Guard and Director of the Department of Operations and Legislation under the control of the Command of Coast Guard of Vietnam shall have the following powers:

- Imposing penalties in the form of cautions;

- Imposing a fine equaling up to 50% of a maximum penalty amount for an act arising in the equivalent sector prescribed in Article 24 herein, but not exceeding VND 100,000,000;

- Forfeiting the rights to use certificates, practicing certificates within a specified duration;

- Confiscating any exhibit or means involved in commission of administrative violation;

- Applying mitigation measures or relief stipulated in point a, c, d, dd and k of clause 1 of Article 28 hereof.

7. The Commander of Coast Guard of Vietnam shall have the following powers:

- Impose warning;

- Impose fines of up to the maximum fine levels for the respective field specified in Article 24 of this Law;

- Deprive right to use permits, professional practice certificates in definite time or suspend operation in definite time;

- Confiscate material evidences and/or means used for administrative violations;

Apply the remedial measures specified in point a, b, c, d, dd and k, Clause 1, Article 28 of this Law.

View more details at the Law on amendments and supplements to certain articles of Law on handling of administrative violations 2020 of Vietnam, effective from January 01, 2022.

Le Vy

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