Vietnam: Power to record administrative violations in national border management and protection

According to Article 25 of the Decree No. 96/2020/NĐ-CP of Vietnam’s Government, the power to record administrative violations is specified as follows:

- In performance of their duty, the persons specified in Articles 15 through 23 have the power to record administrative violations against regulations on national border management and protection.

- The officials and soldiers in the authorities specified in Articles 15 through 23 who are performing their duty under the legislative document or administrative document promulgated by a competent person or authority have the power to record administrative violations against regulations on national border management and protection.

- Patrol boat masters affiliated to coastal guard fleets, border-guard flotillas, coastguard squadrons, coast guard platoons, fleets affiliated to the People’s Public Security Force and regional sub-departments of fisheries resources surveillance, and the persons assigned by such masters to make records have the power to record administrative violations against regulations on national border management and protection.

- Any person that has the power to record administrative violations against regulations on national border management and protection but does not have the power to impose penalties as specified in Clauses 1, 2 and 3 of this Article are only entitled to record the violations within the extent of their duty and responsible for the records. If a case includes a violation falling within the power to impose penalties of the person competent to make records and another falling beyond his/her power to impose penalties, he/she shall still record all administrative violations detected and transfer the record of the violation beyond his/her power to impose penalties to the person competent to impose penalties as prescribed in Clause 3 Article 58 of the Law on handling administrative violations of Vietnam.

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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