Vietnam: In the near future, border guards will have many powers in handling administrative violations

According to Clause 13 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 40 of the Law on handling of administrative violations 2012 on the competence of border guards in handling of administrative violations as follows:

- Border guard combatants being on official duties have the rights to:

+ Impose warning;

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

- The station heads and team heads of the persons defined in Clause 1 of this Article shall have the right 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 2,500,000;

- The leaders of Task Force Teams for drug and crime prevention and control which are put under the control of Task Force Commissions shall have the following rights:

+ Imposing penalties in the form of cautions;

+ Imposing a fine equaling up to 10% of a maximum penalty amount for an act arising in the equivalent sector prescribed in Article 24 herein, but not exceeding VND 10,000,000;

+ Confiscating any exhibit or equipment involved in commission of administrative violations if its value is not 02 times as high as the penalty amount specified in point b of this clause;

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

- Commanding Officers of Border Guard Posts, Captains of Naval Border Guard Flotillas, Commanders of the Border Guard Commands at port border gates shall have the following rights:

+ Imposing penalties in the form of cautions;

+ Imposing a fine equaling up to 20% of a maximum penalty amount for an act arising in the equivalent sector prescribed in Article 24 herein, but not exceeding VND 25,000,000;

+ Confiscating any exhibit or equipment involved in commission of administrative violations if its value is not 02 times as high as the penalty amount specified in point b of this clause;

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

- Leaders of Task Force Commissions for Drug and Crime Prevention and Control as an affiliate of the Department of Drug and Crime Prevention and Control under the control of the Command of Border Guards shall have the following rights:

+ 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;

+ Confiscating any exhibit or equipment involved in commission of administrative violations if its value is not 02 times as high as the penalty amount specified in point b of this clause;

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

- Chief Commander of provincial-level Border Guards; Captains of Naval Border Guard Squadrons, and Director of the Department of Drug and Crime Prevention and Control affiliated to the Command of Border Guards, shall be vested with the following powers:

+ Imposing penalties in the form of cautions;

+ Imposing the maximum fine in the equivalent sector prescribed in Article 24 herein;

+ Forfeiting the rights to use certificates, practicing certificates or suspend business 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, i and k of clause 1 of Article 28 hereof.

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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