Regulations on sanctioning of administrative violations in the field of national border management and protectionThe new Government issued Decree No. 96/2020 / ND-CP on the regulations on sanctioning administrative violations in national border management and protection.
This Decree provides for administrative violations, forms, levels of sanctions, remedial measures, competence to make records, and competence to sanction administrative violations in management and protection National border. Subjects of application include Vietnamese organizations and individuals, foreign organizations, and individuals who commit acts of administrative violations in the Vietnamese territory; persons competent to make records and persons qualified to sanction administrative violations specified in this Decree.
The maximum adequate level for acts of administrative violations of individuals in the domain of national border management and protection is VND 50,000,000.
Accordingly, the level of fines and the competence to impose penalties in national border management and protection such as. The maximum adequate level for acts of administrative violations of individuals in the domain of national border management and conservation is VND 50,000,000; If the organization commits the same breach like that of the individual, the adequate level shall be twice the proper level for that individual.
For violations of regulations on the management and protection of national borders, national landmarks, and border markers, a fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following violations: To conduct geological exploration, to exploit natural resources and minerals under license damaging the signs of national borders, national landmarks, markers, border markers, flag poles, sovereignty markers on islands base score; marine defense works, border works; Pour soil, rock, waste into border rivers and streams.
A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for any of the following violations: Damaging national boundary markers, stakes, border markers, flag poles, base points, sovereignty markers on islands; Altering border flows of rivers or streams or affecting national borders; Construct concrete building within 30 meters from the land border of the Vietnam-China borderline or 100 meters from the inland boundary of the Vietnam-Laos, Vietnam-Cambodia borderline; Illegally building projects on border rivers and streams.
There are also additional sanctions such as: Confiscate administrative violation material evidence and means for acts of the violation; Deprivation of the right to use the license to exploit, explore natural resources, minerals or construction permits, from 06 months to 12 months for acts of the violation; Expulsion of foreigners who commit violations specified in this Decree.
This Decree also stipulates the chairperson of the commune-level People's Committee has the right to impose a warning or a fine of up to VND 5,000,000. Chairman of the district People's Committee has the right to charge a warning or fine up to 25,000,000 VND; Chairman of the provincial People's Committee has the right to impose notice or penalty up to VND 50,000,000. Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a substantial time; Confiscation of administrative violation material evidence and means...
A warning or a fine of between VND 300,000 and 500,000 shall be imposed for one of the following acts: Vietnamese citizens entering the land border areas or the border belt do not carry their identity cards or citizenship ID cards or passports; Temporarily residing, staying, or traveling within the land border area in contravention of regulations; Failure to notify, register or conceal or assist others in illegally crossing, visiting or temporarily residing in the land border area.
A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed for any of the following violations: Border residents let others use valuable papers on border entry or exit to cross the border; Failure to report to the local border guard station or the local police station on the purpose, time, list of people, number of means of transport, content, and scope of activities in the border belt; exiting, entering, traveling, operating a vehicle, conducting improper activities in the restricted area; ...
This Decree takes effect on October 10, 2020. Besides, for administrative violations in the field of national border management and protection that occurred before this Decree took effect but only later detected or considered and resolved, it shall apply regulations that are beneficial to violating organizations and individuals./.