Vietnam: Penalties and remedial measures for sanctioning administrative violations against regulations on national border protection

According to Article 3 of the Decree No. 96/2020/NĐ-CP of Vietnam’s Government, penalties and remedial measures for sanctioning administrative violations against regulations on national border management and protection are as follows:

For each administrative violation against regulation on national border management and protection regulated by this Decree, the violator will receive either:

- a warning; or

- a fine.

Besides, depending on the nature and severity of the violation, the entity that commits administrative violations may also incur one or more of the following additional penalties:

- Confiscation of the exhibits and instrumentalities used for committing administrative violations;

- Suspension of the license to extract or explore natural resources or minerals, the aquatic product exploration license, the fishing license, the environmental license, the construction permit, the transport license or the business license for 06 - 12 months; suspension of the driver’s license, the certificate of competency, the international tour operator license, the license to provide services or the license to conduct commercial activities at land border checkpoints for 03 - 06 months;

- Deportation.

Concurrently, in addition to the abovementioned penalties, an entity that commits administrative violations may be liable to one or more of the following remedial measures:

- Enforced restoration to original condition;

- Enforced dismantling of works or parts of works constructed without a construction permit or against the construction permit;

- Enforced implementation of remedial measures against environmental pollution or spread of diseases;

- Enforced destruction of goods or items detrimental to human, animal and plant health and the environment, and indecent materials;

- Enforced return of illegal benefits obtained from the administrative violations or enforced transfer of amounts of money equivalent to the value of the exhibits and/or instrumentalities of administrative violations which have been sold, hidden or destroyed inconsistently with the law;

- Enforced exit from a border area or border checkpoint area;

- Enforced destruction of expired identity documents and entry/exit documents;

- Enforced transport of goods in transit, transshipped goods, goods moved to another custom post outside the checkpoint area or temporarily imported goods at correct border checkpoint or route;

- Enforced incurrence of costs of restoring the following to original condition: national border markers, marking poles, base points, sovereignty steles, border line signs, items used to mark border, waters defense works, border works and signs in border areas, land and port border checkpoint areas;

- Enforced obtainment of opinions of the Ministry of National Defense, Ministry of Public Security, provincial People’s Committees and relevant agencies;

- Enforced return of shore pass or boarding pass;

- Suspension of exit procedures for Vietnamese vehicles and entry/exit procedures for foreign vehicles.

Note: The deportation of foreign nationals may be a primary or additional penalty.

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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