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Decree 92/2010/nd-Cp: Regulations Sanctioning Administrative Violations Of The Protection, Care And Education Of Children

Original Language Title: Nghị định 91/2011/NĐ-CP: Quy định xử phạt vi phạm hành chính về bảo vệ, chăm sóc và giáo dục trẻ em

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Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law the protection, care and education of children, on 15 June 2004;

Basing the Ordinance handling administrative violations on 02 July 2002 and Ordinance amendments and supplements to some articles of the Ordinance on handling administrative violations on 02 Apr 2008;

Considering the recommendation of the Minister of labor, invalids and Social Affairs, Decree chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree regulates the administrative violations, penalties, forms, remedial measures; sanction procedures, the authority sanctioning administrative violations of the protection, care and education of children.

2. the administrative violations of the protection, care and education of children stipulated in chapter II of this Decree are the violations of the provisions of the law on the protection, care and education of children by individuals, organizations make a way intentionally or unintentionally not that crime and under the provisions of the law are sanctioned Act the main.

3. other administrative violations of the protection, care and education of children is not directly specified in this Decree shall apply under regulations sanctioning administrative violations in the field of management of the State concerned.

Article 2. The object of this Decree apply applies to the following subjects: 1. The individual, organization, Vietnam has the the administrative violations of the protection, care and education of children sanctioned under the provisions of this Decree and the provisions of the relevant legislation on sanctioning of administrative violations.

2. Individuals, foreign organizations are administrative violations of the protection, care and education of children on the territory of Vietnam, the Government sanctioned under the provisions of the law of Vietnam.

3. where public servants while performing acts related to the protection, care and education of children which are violations of the law in this area is not sanctioning administrative violations under the provisions of this Decree, which dealt with under the provisions of the law of officers , public servants.

Article 3. The principle of sanctioning administrative violations 1. The principle of sanctioning administrative violations of the protection, care and education of children are applied according to the provisions of article 3 of the Ordinance on handling administrative violations and article 3, article 4 of Decree 128/2008/ND-CP on December 16, 2008 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations in 2002 and the revised Ordinances , the addition of some articles of the Ordinance on handling administrative violations in 2008 (hereafter abbreviated as Decree No. 128/2008/ND-CP).

2. The sanctioning of administrative violations of the protection, care and education of children by people with the authority to make regulations to comply with the law.

Article 4. Aggravation, alleviate The aggravation, mitigated in sanctioning administrative violations with regard to the violations of the provisions of chapter II of this Decree shall be made according to the provisions of article 8 and article 9 Ordinance on handling administrative violations and article 6 of Decree 128/2008/ND-CP.

Article 5. Time sanctioning administrative violations 1. Time sanctioning administrative violations of the protection, care and education of the child is one year from the date of the administrative violations are made.

2. Individual has been prosecuted, indicted or had decided to bring the case to trial under criminal proceedings, but later decided to suspend the investigation or the suspension of the case which have sign violations administrative violations of the protection, care and education of children, the sanctioned administrative offense; within three days from the date of the decision to suspend the investigation, to suspend the case, who decide to send the decision and records violation for sanction authority; in this case, time sanctioning administrative violations is three months from the date the competent sanctions get decided to suspend and records violations.

3. Within the time limit prescribed in clause 1 and clause 2 of this that individuals, organizations have new administrative violations of the protection, care and education of children or willfully evading, obstructing the sanctions do not apply time limits prescribed in clause 1 and clause 2 of this Thing. In that case, time sanctioning administrative violations are calculated from the time of implementation of new administrative violations or end point behaviour to evade, obstruct the sanction.

4. If the time limit specified in paragraph 1 of this article, the individual, the Organization has administrative violations of the protection, care and education of children are not sanctioned but still be applied one or more remedial measures as prescribed in paragraph 3 article 7 of this Decree.

Article 6. The time limit is considered to be not yet sanctioned personal administrative violations, the organization sanctioned administrative offense on the protection, care and education of the child if over one year from the date of decision done executive sanction or from the date of execution without sanction decision it shall be regarded as not yet sanctioned administrative offense on the protection , care and education of children.

Article 7. Sanctions administrative violations and remedial measures 1. For each administrative violations, the individual, the organization suffered a breach in the sanctions: a) caution;

b) fine.

2. Depending on the nature and extent of the violation of the individual, the Organization has administrative violations of the protection, care and education of children can be applied one or the following additional sanctions: a) deprived of the right to use the license, certificate of practice from one month to three months or from three months to six months or deprivation of rights to use the license to operate no time limit for individuals, implementation of administrative violations of the protection, care and education of children;

b) confiscated exhibits, personal media, organizations are using to make the administrative violations of the protection, care and education of children.

3. In addition to the sanctions set forth in paragraph 1, item 2 of this article, the Organization, the individual administrative violations of the protection, care and education of children can be applied one or more of the following remedial measures: a personal, organization) forced to bear all the costs of medical examination , healing, treatment of accident, injury to children;

b) Forcing individuals, organizations to bear all expenses to bring the kids back with their families, alternative family or child support base;

c) Forced his father, mother, guardian made the care, nurturing, child support in accordance with the law;

d) forced the destruction of content products seduce, entice children left home to wander;

DD) forced the destruction of cultural goods, products or toys containing pornography, inciting violence, depraved, horror, danger harmful to the healthy development of children is used to perform the administrative violations of the protection, care and education of children;

e) Forced quarantine or destruction of items harmful to children's health, livestock, crops, implementation of measures to overcome the lack of safety, environmental pollution, spread of disease for violations;

g) Forcing individuals, organizations to restore original state has been changed or the forced dismantling of buildings, unauthorized installation of equipment;

h) Forced the Organization to register the establishment of child support prescribed;

I) Compel individuals, the organization returned to the person who submitted the money already collected the rules or the return of the money have been due to the implementation of administrative violations of the protection, care and education of children;

k) Forcing individuals, organized return of money or other material interests had been due to make the administrative violations of the protection, care and education of children.

Chapter II ADMINISTRATIVE VIOLATIONS, the form and the LEVEL of SANCTIONS article 8. Acts impedes, not the doctor, cure for children 1. Caution or a fine of from 500,000 to 1,000,000 VND VND for the person who is caring, nurturing, caring, teaching for the children discovered the children get sick or have signs of illness without timely notice for family or don't bring the kids to the doctor, cure at the nearest medical facility leads to serious consequences for children.

2. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) refuse medical examination and treatment for children under the regulations or in emergencies;

b) collect the money doctor, cure for children under six years old are contrary to the provisions of the law;

c) do not use the equipment, consultation means, healing for the children while the condition and be allowed to use leads to serious consequences for children.

3. additional sanctions: deprived of the right to use the license, certificate of practice from three months to six months for individuals, the Organization performed acts specified in clause 1 and clause 2 of this Thing.

4. remedial measures: a personal, organization) forced to bear all the costs of examination and treatment for children due to perform acts specified in clause 1 and clause 2 of this Thing;

b personal, organization) forced to return the money because the behavior specified in point b of paragraph 2 of this Article.

Article 9. Acts of father, mother, guardian neglected children 1. A fine from 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) after childbirth, the father or the mother leave me, not caring, nurturing;

b) parents leave children, guardian deliberately abandoned the child in a public place or forcing the child does not live with the family, leaving children living self, don't care, foster care and child education, for children this fall in special circumstances as prescribed in article 40 of law protection , care and education of children;

c) the father, mother, guardian not service in nourishment, severed the physical and emotional relationship with the children, except for children for adoption or forced quarantines children under the provisions of the law.

2. remedial measures: Forcing the father, mother, guardian service, foster care and education of children in accordance with the law due to perform acts specified in paragraph 1 of this article.

Article 10. The behavior seduce, entice, coerce, control children roam; taking advantage of children wandered to profited


1. A fine of 1,000,000 to 3,000,000 đồng VND for the father, mother, guardian has captured children roam make a living.

2. A fine from 10,000,000 to copper copper 3,000,000 for one of the following behaviors: a) speak, write, translate, duplicate, record, record books, newspapers, documents, paintings, pictures, tapes, discs or other acts intended to seduce, entice, coerce, control of the children left home to wander;

b) use the money, material, or other benefits to lure, entice, coerce, control children are living together with his family left home to wander.

3. A fine from 10,000,000 VND to 20,000,000 Board for one of the acts, harboring child wandering to sell lottery tickets, books, newspapers, paintings, photos, vendors or other activities in order to gain.

4. remedial measures: a) the Forced destruction for books, newspapers, documents, paintings, pictures, tapes, disks in order to seduce, entice, coerce, control of the children left home to wander as defined in point a of paragraph 2 of this;

b) Forcing individuals, organized the return of the money had been due to perform the acts specified in paragraph 3 of this article.

Article 11. The behavior for children exposed to cultural products, information media have pornography, violence, horror 1. A fine from 5,000,000 VND to 10,000,000 VND for the behavior for children exposed to cultural products, information media have pornography, violence, horror.

2. A fine from 10,000,000 20,000,000 for copper to copper acts taken photos of children on cultural products, information media have pornography, violence, horror.

3. the remedial measures: forcing the destruction of cultural products, information, and media have pornography, violence, horror is used to perform the acts specified in clause 1 and clause 2 of this Thing.

Article 12. Acts of abuse, seduction, force the children to buy, sell, use literature inciting violent, depraved, horror; make out, copying, circulation, transmission, storing literature of child pornography; manufacture, sales of toys, games are harmful to the healthy development of the child 1. A fine from 5,000,000 to copper copper 3,000,000 for one of the acts taking relationship, the prestige, the dependence of the child; use of money, material, or other benefits; lying, cheating to seduce, entice children exposed, buy, sell, rent, borrow, use, distribute, participate in the production of cultural products, information media, toys, games, gadgets have violent content, sexual, horror, harmful to the child's development.

2. A fine of 5,000,000 VND to 10,000,000 VND for acts of force, threat of force or use the authority to force children into contact, buy, sell, rent, borrow, use, distribute, participate in the production of cultural products, information media, toys, games, gadgets have violent content in, depraved, horror, harmful to the child's development.

3. A fine fellow to fellow 20,000,000 15,000,000 words for one of the following behaviors: a) the production, circulation, transmission, trading, storing, distributing, advertising, toys games provoke violent, depraved, horror, are harmful to the healthy development of children;

b) write, translate, copy, production, circulation, transporting, storing, distributing, advertising the product of culture, information, media, toys, games, furniture child pornography;

c) imported toys, games provoke violent, depraved, horror, are harmful to the healthy development of children.

4. additional sanctions: deprived of the right to use the business license is not time limit (if any) for the individual, the Organization performed acts specified in paragraph 2 and paragraph 3 of this article.

5. remedial measures: forcing the destruction of cultural products, information, media, toys, games, gadgets have pornography, inciting violence, depraved, horror, are harmful to the healthy development of children is used to perform the acts specified in paragraph 1 , clause 2 and clause 3 of this article.

Article 13. Acts of beating, torture, child abuse; abusing children because the gain 1. Caution or a fine of from 1,000,000 to 5,000,000 đồng VND for one of the following: a behavior) beat, invasive physical, damage of health for children;

b) treated worse with children such as: fasting, drinking fast, getting good cold spell, even torn, not for or restrictions on personal hygiene, getting to live in a toxic environment, dangerous; prevent children participating in social activities, community of healthy, legitimate;

c) hurting mentally, offend the dignity, honor, swear at, yelled at, threatened, humiliated, isolated, neglected influence the development of children;

d) Use punitive measures to teach children, do kids hurt, hurt physically and mentally;

DD) regularly threatens kids by the images, sounds, animals, things kids fear, hurt morale.

2. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) Organization, getting children to go begging;

b) For rent, borrow or use kids to kids begging.

3. The remedy of the consequences: a personal, organization) forced to bear all expenses for medical examination and treatment (if any) for children due to perform acts specified in paragraph 1 of this article;

b) forced the destruction of matter harmful to children's health; implementation of the remedy of environmental pollution for individuals, organizations make infringements in paragraph 1 of this article;

c) Forcing individuals, organized return of money have been made by the acts specified in paragraph 2 of this Article;

d) Forcing individuals, organizations to bear all expenses to bring the kids back with their families, alternative family or child support facility due to perform acts specified in paragraph 2 of this Article.

Article 14. Acts instigated, provoking children hated his father, mother, guardian or incite, instigate, deceive child encroaching body, dignity, honor of the others 1. Caution or a fine of from 1,000,000 to 3,000,000 đồng VND for acts instigated, provoking, deceived child under all forms of making kids hate my father, mother, guardian.

2. A fine from 5,000,000 to 7,000,000 copper copper for acts instigated, provoking, deceived child encroaching body, honor, dignity by others.

3. personal organization, forced to bear all costs of examinations, healing for the body being violated, dignity, honor children performed acts specified in paragraph 2 of this Article.

Article 15. The abuse of child labor, children do use heavy-duty, dangerous or toxic substances exposure, do the other work contrary to the provisions of the law 1. Caution or a fine of from 1,000,000 to 5,000,000 đồng VND for one of the following behaviors: a) the father, mother, guardian captures catch your child guardian, the recipients nurture children catch the children that his foster family work too hard, too time, affects learning -fun, entertainment, bad influence to the development of the child or children do the work that the law does not allow;

b) vocational training for children who get caught children do work too hard, heavy, too, in a time of toxic, dangerous environment, adversely affecting the development of children.

2. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) use children to do the job in the basis of physiotherapy, massage, Casino, pubs, breweries or those where the risk of harm to the personality development of children;

b) To child participation, use of children in the production, business, popular culture products, information, media, toys, games, gadgets have violent content, sexual, horror, dangerous, inappropriate, or harmful to the child's development.

3. A fine of 20,000,000 40,000,000 for copper to copper use children to buy, sell, transport the imitation goods, tax evasion, illegal currency over the border.

4. additional sanctions: confiscate the goods tax evasion, commodities, currencies do perform acts specified in paragraph 3 of this article.

5. remedial measures: a) Forcing individuals, organized the return of the money has been made by the acts specified in paragraph 2 and paragraph 3 of this article;

b) Forcing individuals, organizations to bear all expenses for medical examination and treatment for children due to perform acts specified in paragraph 2 of this Article;

c) forced the destruction of cultural products, information, media, toys, games, gadgets have violent content, sexual horror, dangerous, inappropriate or harmful to the child's development by performing the behavior specified in point b of paragraph 2 of this Article.

Article 16. Acts impedes learning of children 1. Caution or a fine of from 1,000,000 to 5,000,000 đồng VND for one of the following behaviors: a) the Use of force, threat of force or use the authority to force children to skip school, school vacation;

b) refuse reception, obstruct, infected children infected, at risk for HIV/AIDS or children have parents infected with HIV/AIDS attended the institution according to the rules;

c) refuse to accept children with disabilities still are eligible for admission in the institution as prescribed;

d) lure, entice children quit school, school vacation;

DD) ruin the book, the play, the children's school supplies;

e) Are conditions that do not guarantee the learning conditions for children to limit the rights of the child;

g) deliberately not made contributions to the study of the child under the provisions of the law, does not guarantee the time, learning conditions for children.

2. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) catch the kids skip school, school to pressure, complaints, protests against the law;

b) sabotage of infrastructure, equipment, learning, teaching in educational establishments.

3. additional sanctions: confiscated exhibits, personal media, organizations are using to perform the acts specified in point b of paragraph 2 of this Article.

4. remedial measures:


Forcing individuals, organizations to restore original state has been changed by the facilities, equipment, learning, teaching has been ruined due to perform acts specified in point b of paragraph 2 of this Article.

Article 17. The behavior is offensive, lower the honor, dignity for children breaking the law 1. A fine of 1,000,000 to 3,000,000 đồng VND for one of the acts used words, actions or other behaviour offensive, lower the honor, dignity for children breaking the law.

2. remedial measures: Forcing individuals, institutions bear all costs for medical examination and treatment for children due to perform acts specified in paragraph 1 of this article.

Article 18. Set the behavior of the cemetery, production facilities, warehouses for pesticides, toxic chemicals, radioactive substances, substances that cause fire near children's upbringing, education, culture, entertainment, children's entertainment or reverse 1. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) the most recent graveyard, production facilities, warehouses for pesticides, toxic chemicals, substances that cause fire, explosion in the scope affect the upbringing of children, educational facilities, cultural establishments, attractions , children's entertainment;

b) Latest production facilities, business has toxic waste, there is great noise in excess of the allowable limit affecting the upbringing of children, educational facilities, cultural establishments, entertainment, children's entertainment;

c) place the child upbringing, educational facilities, cultural establishments, entertainment, children's entertainment in the scope of influence of the cemetery, production facilities, warehouses for pesticides, toxic chemicals, substances that cause fire, explosion or production facilities, business has toxic waste , has big noise in excess of the limit prescribed by law.

2. additional sanctions: deprived of the right to use the license to operate indefinitely with respect to individuals, the Organization performed acts specified in paragraph 1 of this article.

3. the remedial measures: a) individual, Forced the Organization to restore original state has been changed or the forced dismantling of buildings, installation of unauthorized equipment due to perform acts specified in paragraph 1 of this article;

b) Forcing individuals, organizations implement measures to overcome environmental pollution due to perform acts specified in point b of paragraph 1 of this article.

Article 19. The behavior does not guarantee safety in the production, trading, transport, leading to accidents, injuries for children 1. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) doesn't notice, put the signage, railings or timely indications of dangerous places, toxic, explosive, electrocution or unsafe on transport leads to accidents, injuries to children;

b) is not in full compliance, timely measures to ensure the safety of production, business, circulation of means of transport lead to accidents, injuries to children.

2. remedial measures: a) Forcing individuals, the Organization immediately measures to overcome the lack of safety by performing acts specified in paragraph 1 of this article;

b) Forcing individuals, organizations to bear all the costs of the treatment of accidents, injuries to children due to perform acts specified in paragraph 1 of this article.

Article 20. Unauthorized use of the facilities for studying, living, entertainment, children's entertainment into other purposes affecting the interests of the child 1. A fine from 5,000,000 to copper copper 3,000,000 for the wrong purpose use, damaging the base material for studying, living, entertainment, children's entertainers do affect the interests of the child.

2. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) the encroachment of land, buildings, homes, acreage, area, time used for studying, living, entertainment, children's entertainment;

b) is not made, done or falsify the planning basis for the studying, living, entertainment, children's entertainment was approved.

3. the remedial measures: a) Forcing individuals, organized the return of the money or other material interests had been due to perform the acts specified in clause 1 and clause 2 of this Thing;

b) Forcing individuals, organizations to restore original state has been changed or the forced dismantling of buildings, unauthorized installation of equipment due to perform acts specified in clause 1 and clause 2 of this Thing.

Article 21. The behavior does not notice or do not write the age of children is not to be used on publications, toys, radio programs, television, art, cinema, if there is content not suitable for children 1. A fine from 5,000,000 to copper copper 3,000,000 for one of the following behaviors: a) No notes about the children not be used on publications, publications, toys if publications, publications, toys with content not suitable for children.

b) Not reported age of children are not watching, listening to radio programs, television, art, cinema and the demonstration if there is content not suitable for children.

2. additional sanctions: a) deprived of the right to use the license to operate from one month to three months for individuals, the Organization performed acts specified in point a and point b of paragraph 1 of this Article;

b) confiscated publications, publications, toys of the individual, the Organization performed acts specified in point a of paragraph 1 of this article.

Article 22. Violations of the administration of the health care facility, foster children 1. Caution or a fine of from 1,000,000 to 3,000,000 đồng VND for one of the following behaviors: a) does not guarantee one of the conditions was the establishment of the register as no adequate facilities, equipment, qualified professional staff; quality, ethics officers, teachers do not match the content of activities help children have registered; insufficient financial resources ensuring costs for activities help children;

b) expiry of the activity licence has not extended according to the rules, which still continue to operate.

2. A fine of 5,000,000 3,000,000 Dong to Dong for one of the following behaviors: a) the proper operation of the content in the active license;

b) Not done or done improperly, not full of provisions of the regulations have been approved by the authority;

c) Not do the procedure changes the operating licence when changing the name, location based, owner, active content.

3. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) repair, falsified or forged documents in the record, documents to be allowed to establish child help foundations;

b) use funds assisting child base on other purposes, not for child support;

c) held currency money services contrary to the provisions of the law;

d) works without register established or unlicensed activity in accordance with the law;

DD) does not guarantee full rations of children or use the food, chemical, contrary to the rule of law, affect health to food for children.

4. additional sanctions: a) deprived of the right to use the license to operate from three months to six months for individuals, the Organization performed acts specified in point a of paragraph 2 of this Article; deprived of the right to use the license to operate indefinitely with respect to individuals, the Organization performed acts specified in point a, point b and point c of paragraph 3 of this article;

b) confiscated fake papers for the individual, the Organization performed acts specified in point a of paragraph 3 of this article.

5. remedial measures: a) Forced the Organization to register the establishment of child support prescribed in the law on protection, care and education of children and the provisions of the relevant laws by the acts specified in point a of paragraph 1, point d of paragraph 3 of this article;

b) Forcing individuals, organized the return of the money had been due to perform the acts specified in point b and point c of paragraph 3 of this article.

Chapter III jurisdiction, PROCEDURE for SANCTIONING of ADMINISTRATIVE VIOLATIONS and ENFORCEMENT of PUNISHMENT DECISIONS Article 23. The authority sanctioning administrative violations of labor inspectors, invalids and society 1. Labour inspectors, invalids and Social Affairs while on duty has the authority: a) caution;

b) a fine of up to 500,000;

c) confiscated exhibits, the means used to administrative violations worth up to 2,000,000;

d) apply remedial measures specified in point a of paragraph 4 Article 10, paragraph 3 article 11, paragraph 5, point b article 12 paragraph 3 article 13, point c paragraph 5 article 15, paragraph 4, article 16, paragraph 3 Article 18, point b article 20 paragraph 3 of this Decree.

2. The Chief Inspector of the Department of labor, invalids and Social Affairs has the authority to: a) caution;

b) a fine of up to 30,000,000 VND;

c) Deprived the right to use the license, certificate of practice by the authority;

d) confiscated exhibits, the means used to make the administrative violations;

DD) apply remedial measures specified in point a of paragraph 4 Article 10, paragraph 3 article 11, paragraph 5, point b article 12 paragraph 3 article 13, point c paragraph 5 article 15, paragraph 4, article 16, paragraph 3 Article 18, point b article 20 paragraph 3 of this Decree.

3. The Chief Inspector of the Ministry of labor, invalids and Social Affairs has the authority to: a) caution;

b) fines up to 40,000,000;

c) Deprived the right to use the license, certificate of practice by the authority;

d) confiscated exhibits, the means used to make the administrative violations;

DD) apply remedial measures specified in point a of paragraph 4 Article 10, paragraph 3 article 11, paragraph 5, point b article 12 paragraph 3 article 13, point c paragraph 5 article 15, paragraph 4, article 16, paragraph 3 Article 18, point b article 20 paragraph 3 of this Decree.

Article 24. The authority sanctioning administrative violations of the people's Committee Chairman granted 1. Chairman of people's Committee of social authority: a) caution;

b) a fine of up to 2,000,000;

c) confiscated exhibits, the means used to administrative violations worth up to 2,000,000;


d) apply remedial measures specified in point a of paragraph 4 Article 10, paragraph 3 article 11, paragraph 5, point b article 12 paragraph 3 article 13, point c paragraph 5 article 15, paragraph 4, article 16, paragraph 3 Article 18 decrees (except measures forced the dismantling of buildings, unauthorized installation of equipment due to perform acts specified in paragraph 1 to article 18 of the Decree This), point b article 20 paragraph 3 of this Decree (except measures forced the dismantling of buildings, unauthorized installation of equipment due to perform acts specified in clause 1 and clause 2 of this Decree, article 20).

2. President of the district-level people's committees have the authority to: a) caution;

b) a fine of up to 30,000,000 VND;

c) Deprived the right to use the license, certificate of practice by the authority;

d) confiscated exhibits, the means used to make the administrative violations;

DD) apply remedial measures specified in point a of paragraph 4 Article 10, paragraph 3 article 11, paragraph 5, point b article 12 paragraph 3 article 13, point c paragraph 5 article 15, paragraph 4, article 16, paragraph 3 Article 18, point b article 20 paragraph 3 of this Decree.

3. The Chairman of the provincial people's Committee has the authority to: a) caution;

b) fines up to 40,000,000;

c) Deprived the right to use the license, certificate of practice by the authority;

d) confiscated exhibits, the means used to make the administrative violations;

DD) apply remedial measures specified in chapter II of this Decree.

Article 25. The authority sanctioning administrative violations of the people's police, border guard, Coast Guard, customs, tax authorities, market management and other specialized public security inspectors, border guard, Coast Guard, customs, tax authorities, market management and other specialized inspection authority sanctioning administrative violations as stipulated in article 31 , 32, 33, 34, 36, 37, 38 of the Ordinance on handling administrative violations for administrative violations of the protection, care and education of children are directly related to their field of management are specified in this Decree.

Article 26. Delineate the authority sanctioning administrative violations 1. In case of violation of the administrative regulations in this Decree in the authority sanction of more people then the sanctions by accepting the first made.

2. The Authority sanction of those prescribed in article 23, article 24 and article 25 of this Decree is the authority to apply for an administrative violation. In the case of a fine, the punishment authorized is determined based on the maximum level of penalty framework prescribed for each specific violations.

3. In the case of a sanction people who perform many of the administrative violation, the sanction authority is determined according to the principles specified in paragraph 3 Article 42 of the Ordinance on handling administrative violations.

Article 27. Sanction procedure 1. When the administrative violations of the protection, care and education of children, who have the authority to sanction to order the immediate suspension of administrative violations.

2. In case the sanctions warning, the authority sanctioned the decision to sanction in place.

The decision to sanction must specify day, month, year of decision; they, the name, the address of the offending person or the name, the address of the offending organization; violations; location violation; they, the name, the position of the decision; Article, account laws apply. This decision must be assigned to the individual, the organization sanctioned a.

3. in case of sanctioning administrative violations by the fine form under Chapter II of this Decree, the competent sanctions must promptly set up the minutes on administrative violations. Record-setting procedure, the time limit for a decision to sanction taken under the provisions of article 55 and article 56 of the Ordinance on handling administrative violations and articles 22 and 23 of Decree No. 128/2008/ND-CP.

4. When applying the form of fines, fines are specific to each administrative violations is the average of the frame of the fines corresponding to the behaviors that are specified in this Decree. Violations have extenuating circumstances, the penalty may be lower, but not below the lowest level of fine frame has been specified. Violations are aggravating the penalty is higher, but not exceeding the maximum level of fine frame has been specified. When a fine, to announce to the person fined know fine frame and specific penalties.

5. Decide on sanctions in effect since the date of signing, unless otherwise specified in the decision on the other effect.

Sanction decisions addressed to individuals, organizations and agencies sanctioned collecting fines within three days from the day the decision to sanction.

6. The individual, the organization collecting the fines, penalties must comply with the provisions of article 57 and article 58 Ordinance on handling administrative violations.

Article 28. The procedure deprived the right to use the license, certificate of practice the procedure deprived the right to use the license, certificate of practice on the protection, care and education of children taken under the provisions of article 59 Ordinance on handling administrative violations.

Article 29. The procedure of confiscated exhibits and facilities were used to make administrative violations 1. When the apply form confiscated exhibits, the media have been used for administrative violations of the protection, care and education of children, who have the authority to sanction must perform the procedure according to the provisions of article 60 Ordinance handling administrative violations.

2. The disposal of exhibits, the media has been used to make the administrative violations of the protection, care and education of children are made according to the provisions of article 61 of Ordinance on handling administrative violations.

Article 30. Enforcement of punishment decisions 1. Personally, the organization sanctioned administrative violations must accept the punishment decision issued within ten days from the date of delivery of the decision to sanction, unless the law otherwise. This time limit is stipulated clearly in the decision to sanction. So the time limit on, if the individual, non-sanctioned organization self-belief, the Executive authority sanctioning administrative violations have the right to apply coercive measures to enforce.

2. The postponement decided to impose a fine is made according to the provisions of article 65 Ordinance on handling administrative violations.

3. The organization comply and apply coercive measures to enforce the decision sanctioning administrative violations are made according to the provisions of article 66, article 66a and 67 Ordinance on handling administrative violations and Decree No. 37/2005/ND-CP dated 18 March 2005 of the Government regulating the procedure of applying coercive measures in implementation of the decision sanctioning administrative violations.

4. decision sanctioning administrative violations must be assigned to the individual, the organization sanctioned or send notifications for them to receive; personal time, sanctioned organizations receive the sanction decision considered the time assigned to decide punishments.

Article 31. Moving violations records signs crime criminal responsibility so As to consider violations to have decided to sanction, if it deems violation of criminal signs, then the competent person must transfer the right profile for the Agency to have the authority to conduct criminal proceedings under the provisions of article 62 Ordinance on handling administrative violations.

Article 32. Samples of the minutes, decision sanctioning administrative violations attached to this Decree's annex the templates thereon, decision sanctioning administrative violations with regard to the violations of the law on the protection, care and education of children.

Chapter IV the TERMS OF IMPLEMENTATION of Article 33. Effect 1. This Decree is effective as from January 2, 2011.

2. Abolish the following content of Decree No. 114/2006/ND-CP dated 10 October 2006, the Government's sanctioning of administrative violations in population and children: a) the phrase "and children" or "children" in the name and the following provisions of Decree No. 114/2006/ND-CP : clause 1, 2 and 4 Article 1, paragraph 3 article 1 name; paragraph 1 article 2; Article 3; the 1, 2 and 3 article 5; Article 6; item 2 article 7; Article 26; Article 27; Article 28; the 1 and 3 Article 30; Article 31; Article 32;

b) DD and e account 3 things 1; the points d, e, f and g of paragraph 3 article 7;

c) Articles 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25.

Article 34. Responsibility 1. Minister of labor, invalids and Social Affairs, in coordination with the Ministers, heads of ministerial agencies guiding the implementation of this Decree.

2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities, the Organization, the individual concerned is responsible for the implementation of this Decree.