ORDINANCE amending and supplementing some articles of the Ordinance on handling administrative violations _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 was revised, some additional articles by resolution No. 51/2001/QH10;
Pursuant resolution No. 11/2007/QH12 of Parliament about the program of building laws and Ordinances the term tags XII (2007-2011) and in 2008;
The Standing Committee of the National Assembly enacted the Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations.
Article 1. Amendments and supplements to some articles of the Ordinance on handling administrative violations: 1. Article 12 is amended and supplemented as follows: "article 12. The 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, individual, organization, administrative violations can be applied one or the additional sanctions: a) deprived of the right to use the license, certificate of practice;
b) confiscated exhibits, the means used to administrative violations.
3. In addition to the sanctions set forth in clause 1 and clause 2 of this individual, organization, administrative violations can also be applied to one or more remedial measures: a) Forced to restore original state has been changed due to administrative violations caused or forced dismantling unauthorised building works;
b) enforce the remedy of environmental pollution, the spread of disease due to administrative violations cause;
c) Forcibly taken out of the territory of Vietnam or forcing the re-export of goods, articles, media;
d) Forced to destroy articles harmful to human health, livestock and crops, toxic food culture;
DD) remedial measures by the competent person decides to apply as specified by the Government.
4. Alien administrative violations can also sanctioned deportation. Expulsion is applied as the main sanctions or additional sanctions in each particular case. "
2. Article 14 be amended and supplemented as follows: "article 14. A fine of 1. Fines in sanctioning administrative violations is from 10,000 Dong to 500,000,000 contract.
2. Based on the nature and extent of the violation, the levels of maximum fines in the field of governance are defined as follows: a) the maximum fine up to 30,000,000 VND applied for administrative violations in the field of: security, safety, social order; the management and protection of transportation; exploitation and protection of irrigation works; labour; measurement, product quality goods; accounting; Statistics; Justice; social insurance; fire, fire;
b) the maximum fine up to 40,000,000 Council applied for administrative violations in the field of: road traffic; inland waterway transport; culture-information; travel; Prevention of social evils; Dyke, prevention of floods, storms; of health; reviews; electric power; protection and quarantine; protection of the aquatic resources; veterinary medicine; plant breeding; livestock breeds; Defense; population and children; laborers to work abroad; vocational training; national boundaries;
c) maximum fines to 70,000,000 Council applied for administrative violations in the areas of: trade; of fees; Customs; safety and radiation control; railway traffic; postal, telecommunications and radio frequency; technology transfer; insurance business; management of industrial explosives; fitness, sport;
d) maximum fine up to 100,000,000 VND applied for administrative violations in the field: marine; Civil Aviation; Science, technology; measurements, maps; education; information technology; water resources; tax;
DD) the maximum fine to 500,000,000 Council applied for administrative violations in the areas of: environmental protection; securities; construction; the land; the Bank; intellectual property; forest management, forest protection and management of forest products; research, exploration and exploitation of oil and gas, marine resources and other mineral types.
3. for administrative violations in the field of governance have not been specified in paragraph 2 of this Article, the Government fines, but not to exceed the maximum of 100,000,000.
In case the law stipulates maximum fine levels other than the provisions of this Article shall apply in accordance with the law. "
3. Supplement Article 21a after article 21 as follows: "article 21a. The cost of implementing remedial measures in individual cases of administrative violations, the Organization could not perform remedial measures due to violations of the rules caused in articles 18, 19, 20 and 21 of this Ordinance or to escape that remedial work is really necessary to timely environmental protection ensure traffic order and social safety, the competent authority to use funds from the State budget for his agency to implement remedial measures. Individuals, organized administrative violations must reimburse the Agency for funding has taken remedial measures. "
4. Article 28 is amended and supplemented as follows: "article 28. Competent handling of administrative violations of the people's Committee Chairman granted the commune people's Committee Chairman granted the commune has the right to: 1. Caution;
2. A fine of up to 2,000,000;
3. the confiscated exhibits, the means used to administrative violations worth up to 2,000,000;
4. Forced to restore original state has been changed due to administrative violations cause;
5. Enforce the remedy of environmental pollution, the spread of disease due to administrative violations cause;
6. Forced culling articles harmful to human health, livestock and crops, toxic food culture;
7. Decides to apply the educational measures in commune, Ward, the commune. "
5. Article 29 is amended and supplemented as follows: "article 29. Competent handling of administrative violations of the people's Committee Chairman granted the district people's Committee Chairman district level have the right to: 1. Caution;
2. A fine of up to 30,000,000 VND;
3. Strip the right to use the license, certificate of practice in the jurisdiction;
4. the confiscated exhibits, the means used to administrative violations;
5. Apply remedial measures prescribed in points a, b and d of article 12 paragraph 3 of this Ordinance;
6. Decides to apply the measures taken on the field brought;
7. Decides to apply the measures taken on the basis of healing. "
6. Article 31 is amended and supplemented as follows: "article 31. Competent handling of administrative violations of the people's public security 1. Soldiers are the people's police on duty have the right: a) caution;
b) a fine of up to 200,000.
2. The station chief, Captain of the provisions in paragraph 1 of this article has the right to: a) caution;
b) a fine of up to 500,000 VND.
3. Head of public security social apply forms of handling administrative violations specified in article 28 of this Ordinance, except for the decision to apply the educational measures in commune, Ward, the town.
4. Police district level have the right to: a) caution;
b) a fine of up to 10,000,000;
c) Deprived the right to use the license, certificate of practice in the jurisdiction;
d) confiscated exhibits, the means used to administrative violations;
DD) apply remedial measures prescribed in points a, b and d of paragraph 3 of article 12 of this directive.
5. the head of the police administration of social order, the Chief of the police order, the head of the police criminal investigation about the social order, the Chief of the police criminal investigation about order and economic management, the Chief of the criminal investigation police about drugs , Head of traffic police's road-rail, head of transport police, the Chief of police, fire, fire chief of police protection and judicial support, the Chief of police, Chief of environmental management of the entry, exit, head of mobile police unit from the company over Rumors of public security stations, the head of the station chief immigration, export processing zones have the right: a) caution;
b) a fine of up to 10,000,000;
c) Deprived the right to use the license, certificate of practice in the jurisdiction;
d) confiscated exhibits, the means used to administrative violations;
DD) apply remedial measures prescribed in points a, b and d of paragraph 3 of article 12 of this directive.
6. The Director of provincial public security, the Director of the Fire Department, Police Department had the right to fire: a) caution;
b) a fine of up to 30,000,000 VND;
c) Deprived the right to use the license, certificate of practice in the jurisdiction;
d) confiscated exhibits, the means used to administrative violations;
DD) apply remedial measures prescribed in points a, b and d of article 12 paragraph 3 of this Ordinance;
e) Provincial Police Director has the power to apply sanctions expulsion according to the hierarchy of the Minister of public safety. 6. Director of Department of police administration of social order, the Police Director of criminal investigation about the social order, the Police Director of criminal investigation of order and economic management, the Director of criminal investigation police about drugs, the Director of the Police Department of rail-road traffic , Director of Department of water transport police, fire the police Chief, fire chief, police protection and judicial support, Director of Department of environmental police have the right to: a) caution;
b) fines to the maximum extent for the areas in its management rights prescribed in clause 2 and clause 3 of article 14 of this Ordinance;
c) Deprived the right to use the license, certificate of practice in the jurisdiction;
d) confiscated exhibits, the means used to administrative violations;
DD) apply remedial measures prescribed in points a, b and d of paragraph 3 of article 12 of this directive.
8. the Director of Department of management, the competent immigration sanctions prescribed in paragraph 7 of this Article and has the power to apply sanctions expulsion according to the hierarchy of the Minister of public safety. 9. The Minister of public safety decides to apply sanctions expulsion. "
7. Article 32 be amended and supplemented as follows: "article 32. Competent handling of administrative violations of the border guard

1. Border Guard soldiers are on duty have the right: a) caution;
b) a fine of up to 200,000.
2. Captain of the provisions in paragraph 1 of this article, the Chief border checkpoint Stations have the right to: a) caution;
b) a fine of up to 500,000 VND.
3. Head of frontier, the Commander of the border Division, Chief of the U.S. border area, the Commander of the border guards the gate of the port has the right: a) caution;
b) a fine of up to 10,000,000;
c) confiscated exhibits, the means used to administrative violations;
d) apply remedial measures prescribed in points a, b and d of paragraph 3 of article 12 of this directive.
4. the Commander of the provincial border guard, Commander of the squadron directly border the Commander of border guard has the right to: a) caution;
b) fines to the maximum extent for the areas in its management rights prescribed in points a, b, c and d of paragraph 2 and paragraph 3 of article 14 of this Ordinance;
c) confiscated exhibits, the means used to administrative violations;
d) apply remedial measures prescribed in points a, b and d of paragraph 3 of article 12 of this directive. "
8. Article 33 be amended and supplemented as follows: "article 33. Competent handling of administrative violations of Coast Guard 1. Professional team of Police Coast Guard is on duty have the right: a) caution;
b) a fine of up to 500,000 VND.
2. Chief of marine police profession Nest has the right: a) caution;
b) fined up to 1,000,000.
3. The captain of the coast guard service have the right to: a) caution;
b) fines up to 5,000,000 đồng.
4. The Division Head of Coast Guard squadron has the right: a) caution;
b) a fine of up to 10,000,000;
c) apply remedial measures prescribed in points a, b and d of paragraph 3 of article 12 of this directive.
5. Chief Squadron Squadron police marine reserves: a) caution;
b) a fine of up to 20,000,000;
c) confiscated exhibits, the means used to administrative violations;
d) apply remedial measures prescribed in points a, b and d of paragraph 3 of article 12 of this directive.
6. the Commander of the Marine Police Region has the right to: a) caution;
b) a fine of up to 30,000,000 VND;
c) confiscated exhibits, the means used to administrative violations;
d) apply remedial measures prescribed in points a, b and d of paragraph 3 of article 12 of this directive.
7. the Director General Coast Guard has the right to: a) caution;
b) fines to the maximum extent for the areas in its management rights prescribed in clause 2 and clause 3 of article 14 of this Ordinance;
c) Deprived the right to use the license, certificate of practice in the jurisdiction;
d) confiscated exhibits, the means used to administrative violations;
DD) apply remedial measures prescribed in points a, b and d of paragraph 3 of article 12 of this directive. "
9. Article 34 is amended and supplemented as follows: "article 34. Competent handling of administrative violations of customs 1. Customs officers are on duty have the right: a) caution;
b) a fine of up to 200,000.
2. professional team in the Bureau of customs, the captain of the profession following Customs inspection Bureau has the right to: a) caution;
b) fines up to 5,000,000 đồng.
3. the Chief Bureau of customs, Bureau Chief of Bureau checked after customs clearance, Captain of the Customs Bureau in control, link the province, central cities (hereafter referred to as the Bureau of customs), the captain of the team in control against smuggling and control Squadron Captain Navy sea anti-smuggling Bureau of investigation Of the Bureau of Customs has the right to : a) caution;
b) a fine of up to 20,000,000;
c) confiscated exhibits, the means used to administrative violations.
4. the Director of the investigation against smuggling, Director the following Customs Inspection Department of the General Directorate of customs, Director of the Bureau of Customs has the right to: a) caution;
b) fines to the maximum extent for the field of customs, the tax provisions in the points c and d, item 2 article 14 of this Ordinance;
c) Deprived the right to use the license in the jurisdiction;
d) confiscated exhibits, the means used to administrative violations;
DD) apply remedial measures prescribed in points c and d article 12 paragraph 3 of this Ordinance.
10. Article 35 be amended and supplemented as follows: "article 35. Competent handling of administrative violations of the Ranger 1. Park Rangers are on duty have the right: a) caution;
b) a fine of up to 200,000.
2. The Station Chief Ranger Stations have the right to: a) caution;
b) fines up to 5,000,000;
c) confiscated exhibits, the means used to administrative violations worth up to 20,000,000.
3. the Chief Grain Seeds, nuts foresters Gospel Seeds Rangers Chief, Captain of the Ranger maneuver has the right: a) caution;
b) a fine of up to 10,000,000;
c) confiscated exhibits, the means used to administrative violations worth up to 30,000,000 VND;
d) Forced to restore original state has been changed due to administrative violations caused.
4. The genus FPD Chief, Captain of special Forest Rangers have the right to: a) caution;
b) a fine of up to 20,000,000;
c) Deprived the right to use the license, certificate of practice in the jurisdiction;
d) confiscated exhibits, the means used to administrative violations;
DD) apply remedial measures prescribed in points a, b and d of paragraph 3 of article 12 of this directive.
5. the Director has the Power Rangers: a) caution;
b) fines to the maximum extent for the field of forest management, forest protection and management of forest products defined in point 2 of article 14 paragraph Ridin Ordinance;
c) Deprived the right to use the license, certificate of practice in the jurisdiction;
d) confiscated exhibits, the means used to administrative violations;
DD) apply remedial measures prescribed in points a, b and d of paragraph 3 of article 12 of this directive. "
11. Article 36 be amended and supplemented as follows: "article 36. Competent handling of administrative violations of the tax authorities unless the law otherwise about the fine, the following people have the right to: 1. tax employees are on duty have the right: a) caution;
b) a fine of up to 200,000.
2. the Chief Tax Stations Stations, the captain of the Tax has the right to: a) caution;
b) fines up to 5,000,000 đồng.
3. Bureau Chief Tax Bureau has the right to: a) caution;
b) a fine of up to 20,000,000;
c) confiscated exhibits, the means used to administrative violations.
4. the Director of the tax has the right to: a) caution;
b) to the maximum fines for the tax specified in point d of paragraph 2 of article 14 of this Ordinance;
c) confiscated exhibits, the means used to administrative violations. "
12. Article 38 be amended and supplemented as follows: "article 38. Competent handling of administrative violations of the specialized inspection 1. Specialized inspectors are on duty have the right: 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 prescribed in points a, b and d of paragraph 3 of article 12 of this directive, with the exception of the measures forced the dismantling of unauthorized building works.
2. The Chief Inspector of the Department-level professions have the right to: a) caution;
b) a fine of up to 30,000,000 VND;
c) Deprived the right to use the license, certificate of practice in the jurisdiction;
d) confiscated exhibits, the means used to administrative violations;
DD) apply remedial measures prescribed in points a, b and d of paragraph 3 of article 12 of this directive.
3. The Chief Justice Inspector of specialized ministries, ministerial-level agencies have the right to: a) caution;
b) fines to the maximum extent for the field in his management rights prescribed in paragraph 2 and paragraph 3 of article 14 of this Ordinance;
c) Deprived the right to use the license, certificate of practice in the jurisdiction;
d) confiscated exhibits, the means used to administrative violations;
DD) apply remedial measures prescribed in points a, b and d of paragraph 3 of article 12 of this directive. "
13. Article 39 is amended and supplemented as follows: "article 39. Competent handling of administrative violations of maritime Port Director, Director of inland waterways port, Port Director for Port Services Director aeronautical, maritime, port Director of inland waterways, the Director of port service row does not have the right to: 1. Caution;
2. A fine of up to 10,000,000;
3. Strip the right to use the license, certificate of practice in the jurisdiction;
4. the confiscated exhibits, the means used to administrative violations;
5. Apply remedial measures prescribed in points a, b and d of paragraph 3 of article 12 of this directive. "
14. Article 40 was amended and supplemented the articles 40 and 40a as follows: "article 40. Competent handling of administrative violations of the people's courts 1. The judge presiding the trial have the right to: a) caution;
b) a fine of up to 2,000,000;
c) confiscated exhibits, the means used to administrative violations.
2. The judge assigned the bankrupt has the right: a) caution;
b) a fine of up to 10,000,000;
c) confiscated exhibits, the means used to administrative violations.
3. The Chief Justice at district level people's Court, the Chief Justice of the Court of the people's provincial court, the Chief Justice of military court area that has the right to: a) caution;
b) fines up to 15,000,000;
c) confiscated exhibits, the means used to administrative violations.
4. the Chief Justice of the provincial people's Court, the Chief Justice of the Court of military zone and equivalent courts, Chief of the Supreme People's Court has the right to: a) caution;
b) a fine of up to 20,000,000;
c) confiscated exhibits, the means used to administrative violations.
Article 40a. Competent handling of administrative violations of civil enforcement agencies 1. Executive Member civil enforcement are on duty have the right: a) caution;
b) a fine of up to 200,000.
2. Major civil enforcement agencies at district level have the right to: a) caution;
b) a fine of up to 500,000 VND.
3. Major civil enforcement agencies, provincial court granted enforcement agency Chief of military region has the right to: a) caution;
b) fined up to 1,000,000.
4. Executor civil enforcement is head of management, liquidation of assets of the bankrupt has the right: a) caution;

b) fines up to 5,000,000 VND. "
15. Additional Articles 40b and 40 c, 40 d after Article 40a as follows: "article 40b. Competent handling of administrative violations of the heads of diplomatic missions, consular agency, other agencies authorized to perform consular functions of Vietnam abroad, Director of Department of labor management abroad 1. Heads of diplomatic missions, consular agency, other agencies authorized to perform consular functions of Vietnam abroad have the right to: a) caution;
b) a fine of up to 10,000,000;
c) apply measures to force the workers to work in a foreign country in accordance with Article 75 of law 6 paragraph labourer Vietnam go to work abroad under contract.
2. the Director of Department of labor management abroad have the right to: a) caution;
b) fines up to 40,000,000;
c) apply the additional sanctions as specified in point b paragraph 3 to article 75 of the law of Vietnam laborers to work abroad under contract;
d) apply remedial measures prescribed in paragraph 4 to article 75 of the law of Vietnam laborers to work abroad under contract.
Article 40 c. Competent handling of administrative violations of the competition Council Chairman and heads of regulatory competition unless the law otherwise, the following people have the right to: 1. Director manages the competition has the right: a) caution;
b) fines to 70,000,000;
c) confiscated exhibits, the means used to administrative violations;
d) Stripped the right to use the license, certificate of practice in the jurisdiction.
2. The Chairman of the competition has the right: a) caution;
b) fines to 70,000,000;
c) confiscated exhibits, the means used to administrative violations;
d) apply remedial measures prescribed in points a, b and d of paragraph 3 of article 12 of this directive.
Article 40 d. Competent handling of administrative violations of the Securities Committee 1. The Chief Inspector of the securities has the right to: a) caution;
b) fines to 70,000,000.
2. Chairman of the State Securities Committee has the right to: a) caution;
b) fines to the maximum extent for the securities sector provided for in paragraph 2 of article 14 DD point Ordinance;
c) applying additional sanctions and remedial measures prescribed in paragraph 2 and paragraph 3 Article 119 of the securities laws. "
16. Article 41 be amended and supplemented as follows: "article 41. Authorization handling administrative violations The competent handling of administrative violations specified in articles 28, 29 and 30, paragraphs 2, 3, 4, 5, 6, 7 and 8 article 31, paragraphs 2, 3 and 4 Article 32, paragraphs 3, 4, 5, 6 and 7 Article 33, paragraphs 2, 3 and 4 Article 34 , the item 2, 3, 4 and 5 to article 35, paragraphs 2, 3 and 4 Article 36, paragraphs 2, 3 and 4 Article 37, paragraph 2, Article 3, article 38 39, paragraph 3, Article 40, paragraph 4, 2, 3 Article 40a, 40b, 40 c, 40 d of the Ordinance may authorize deputies made competent handling of administrative violations. The authorisation must be made in writing. Deputies are authorized to bear the responsibility for the decision to handle its administrative violations before the Chief level and before the law. "
17. Article 42 is amended and supplemented as follows: "article 42. Principles determining the right handling of administrative violations 1. Chairman of people's Committee of the authority sanctioning administrative violations in the field of local governance.
Authority sanctioning administrative violations stipulates in articles from article 31 of the 40 d of the Ordinance has the authority sanctioning administrative violations in the field, his industry management.
In the case of administrative violation under the jurisdiction of many sanctions, the sanctions by accepting the first made.
2. The authority of those sanctions is regulated in articles from Article 28 of the 40 d of this Ordinance is the authority to apply for an administrative violation. In the case of a fine, sanction authority 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 following rules: a) If form, the sanction is prescribed for individual acts are under the jurisdiction of the sanction, the sanction Authority still belongs to that person;
b) If form, the sanction is prescribed for one of the acts beyond jurisdiction of the sanction, then that person must transfer the violations to the competent sanctions;
c) If the acts under the authority sanction of many people in different fields, then the right to sanction in the President of the people's Committee of the authority sanction where infringement occurs. "
18. Article 45 is amended and supplemented as follows: "article 45. The custody jurisdiction under the administrative procedures 1. The following people have the right to decide the custody under administrative procedures: a) the President of the people's Committee of the communes, Chief of police;
b) police districts;
c) Chief of police administration of social order, the Chief of the police order, head of traffic police's road-rail, head of transport police, head of the police criminal investigation about order and economic management, the Chief of the police criminal investigation about the social order , Chief of the criminal investigation police about drugs, head of the exit and entry administration of the public security;
d) heads mobile police unit from the company over, the station chief immigration Station;
Chief Ranger Beads Beads), the captain of the Rangers to maneuver;
e) Bureau Chief, Captain of the customs control Department of the Bureau of customs, the captain of the anti-smuggling and control Sea control squadron on the captain of the anti-smuggling Bureau of investigation Of the Bureau of customs;
g) Captain of market management;
h) Commander U.s. border zone, the Commander of the Squadron, border border Division Commander, head of the frontier and the heads of border guard units stationed on the border, Islands;
I) Chief Squadron, Squadron Chief of the coast guard;
k) the Commander of the ship, the ship when the ship, the ship had left the airport, the harbor.
2. The persons specified in clause 1 of this article may authorize deputies made the custody jurisdiction under the administrative procedure when absent and is authorized to implement measures to prevent violations and ensure the handling of administrative violations. The authorisation must be made in writing. Deputies are authorized to take responsibility for the decision to temporarily keep his head level and people before the law.
19. Article 46 be amended and supplemented as follows: "article 46. Custody exhibits, means of administrative violations 1. The custody exhibits, means of administrative violations only applies in case of need to verify details as a base the decision to treat or prevent the right of administrative violations.
Those are the provisions of article 45 of this Ordinance, the Chief Justice Inspector of the Department-level professional and Chief Inspector of the majors, ministerial-level agencies, Director of Maritime Ports, Port Director for inland waterway services, Port Services Director has no power to decide the custody exhibits, means of administrative violations.
2. In case there is grounds for that if not outright custody then exhibits, means of administrative violations may be gone, destroyed, the heads of soldiers directly to police people, border guard, Rangers, customs officers, inspectors or inspectors market specialization is entitled to a decision to temporarily keep the exhibits means of administrative violations. Within 24 hours, since the decision, decision makers must report their heads is the one who has the authority to temporarily hold exhibits, means of administrative violations set forth in paragraph 1 of this article and the written consent of that person; in the absence of their consent, the person who has the custody decision to cancel the right of custody decisions and pay back the money, animals, goods, vehicles were detained.
3. Decision to temporarily keep the exhibits, means of administrative violations must be established thereon regarding custody. In the minutes must specify name, number, category of exhibits, hold media and must be signed by the person in custody decisions. The custody decision is responsible for preservation of exhibits, that means; If this person's fault that exhibits, the media lost, sold, swapping or damaged, they must bear the responsibility of compensation.
In the case of exhibits, means of offense that need to be sealed must be conducted immediately before the violation; If people violate the absence must then proceed to seal in front of the family representatives, representative of the Organization, Government representatives and witnesses.
4. With regard to Vietnam, foreign currency money, gold and silver, precious stones, precious metal, the Narcotics and the special management mode in the other, the maintenance is performed according to the provisions of the law.
As for the exhibits violated the Administration's goods, vulnerable items, the decision of custody must be processed as specified in paragraph 3 Article 61 of this Ordinance.
5. within ten days from the date of the custody, the custody decisions to handle the exhibits, hold by means of the measures stated in the decision of handling or returns for individuals, the organization if not apply shape confiscated for exhibits, hold media. The duration of custody evidence, means of administrative violations can be extended to the complex case, should proceed to verify but for no more than sixty days from the date of the custody exhibits, media. The extended time limit of the custody right media, exhibits by persons specified in clause 1 of this decision.
6. The custody exhibits, means of administrative violations must be decided in writing accompanied by the minutes of the custody and must be handed to violators, represents a violation of organization. "
20. Article 49 is amended and supplemented as follows: "article 49. Visit places of hiding evidence and means of administrative violations

1. Visit the hiding place exhibits, means of administrative violations are conducted only when there is evidence that in the place where it has hidden evidence and means of administrative violations.
2. Who are the provisions of article 45 of the Ordinance has the right to decide to visit the place of hiding evidence and means of administrative violations; in the case where hiding exhibits, means of administrative violations is where in the screening decision must be agreed in writing by the Chairman of the people's Committee of the district level before proceeding.
3. When the examination place of hiding evidence and means of administrative violations must be clinics where owners presence or people in their families and bystanders. In the case where the root was examined, the teens in the family absent that the visit could not be deferred to the Government representative and two bystanders.
4. do not visit places of hiding evidence and means of administrative violations at night, except in cases of emergency or examination being made that has not ended but must specify the reason on the minutes.
5. All cases examined where hiding exhibits, means of administrative violations must be decided in writing and to set the minutes. Decided to visit the place of hiding evidence and means of administrative violations and must be delivered to the server where the exploited a. "
21. Article 54 be amended and supplemented as follows: "article 54. Simple procedure in the case of disposal of caution or a fine from 10,000 to 200,000 Dong Dong, the Authority decided to sanction sanctions in place. The sanctions in place are not formed thereon, except in cases of administrative violations were discovered thanks to the use of vehicles, technical equipment.
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. In the case of juveniles were caution then decided to sanction warning is also sent to the parents, the guardian of that person or the school where juvenile offense is learning.
Fine, in case the decision must specify the level of the fines. Individuals, organizations can file infringement fines on the spot for sanctioning authority. Who has the authority to sanction delivery of receipts for the person sanctioned. "
22. Article 55 be amended and supplemented as follows: "article 55. Set the minutes about administrative violations 1. When administrative violations in the field of management, competent people are on duty must be promptly established thereon, unless sanctioned by a simple procedure. In the case of administrative violation not under the control of the sanction set the minutes, the minutes of which have to be transferred immediately to the authority sanction to proceed with sanctions.
In the case of administrative violation was discovered thanks to the use of the media, professional technical equipment shall establish administrative infringement thereon be conducted immediately after the identified person of violations.
Administrative violations occur on board, the ship, the Commander of the ship, the ship is responsible for setting the minutes to transfer authority for the sanction when the ship, the ship arrived at the airport, the harbor.
2. in the report on administrative violations must specify day, month, year, location set thereon; They name, position the set thereon; they, the name, address, occupation or violator name, address offending organization; hour, day, month, year, location occurred in violation of; violations; measures to prevent violations and ensure the administrative sanctions (if any); status of exhibits, hold media (if any); the testimony of the person who violated or breached organizations representatives; If there are witnesses, victims or damaged organization representative must then specify them, your name, address, their testimony.
In the case of administrative violation who deliberately evade or because of objective reasons which are not present at the location, the infringement proceedings are finishing must be signed by the representative authorities of the facility where the violation occurred or of the two witnesses.
3. The minutes shall be established at least two copies; must be the person who set up the minutes and the breach or infringement organization representative; If there are witnesses, victims or representatives held suffered damage, they must sign the minutes; in the case of a multiple sheets, then those specified in this paragraph must sign on each record sheet. If the violation, infringement organization representatives, witnesses, victims or damaged organization representative refused to sign the founding documents must specify the reason on the minutes.
4. finishing thereon must be given personally, organizing a violation; If violations beyond the jurisdiction of the sanctions established thereon, that person must submit a report to the authority sanction. "
23. the following Article 55a Article 55 additional as follows: "article 55a. Use the media, professional technical equipment in order to guarantee traffic safety, to detect the object, administrative violations 1. Camera, speed meter by image or media, professional technical equipment used in ensuring the orderly, safe road traffic, rail, inland waterway, maritime, civil aviation to detect, the object of administrative violations.
2. Evidence obtained by means of professional technical equipment, must be made in the minutes of administrative violations.
3. The Prime Minister issued the regulation, management and use of the media, professional technical equipment used to collect evidence of administrative violations. "
24. Article 57 is amended and supplemented as follows: "article 57. Fine procedure 1. The fine of 200,000 contracts in accordance with the above provisions of article 55 and article 56 of the Ordinance.
2. When a fine, level specific fines for administrative violations is the average of the frame of penalties are prescribed for the Act; If there are extenuating circumstances, the level of the fine may be reduced but not excessive reduction of minimum fine frame; If there are aggravating the penalty levels may increase but not exceed the maximum level of fine frame.
3. where to apply fine form for individuals, organizations, then the competent person has the right to sanction the custody of circulating means license or driving licence or other necessary documents are relevant until the individual, the organization that finished Executive decided to sanction. If the individual, the Organization violates none of the aforementioned documents, the authority sanction can tentatively hold exhibits, means of offense.
4. The individual, the Organization fined must pay fines and receive receipts.
5. The fines collected to be paid into the State budget through the open account in the State Treasury.
The fines can be submitted once or many times within the time limit by the competent sanctions decision.
6. The Government specifies fine case repeatedly, receipt management collects the fines and forfeit money. "
25. Amendments, supplements Article 61 as follows: "article 61. Handling of exhibits, means of administrative violations 1. With respect to exhibits, means of administrative violation confiscated, the people decided to confiscate is responsible for preservation of exhibits, media.
The case exhibits, means of administrative violations by the competent central authority of a decision to confiscate the given auction service centre provincial level where violations occurred for auction.
The case exhibits, means of administrative violations by the authority of the provincial agency decision to confiscate the assigned service centre provincial auction where the bodies of the authority decision to confiscate the headquarters for auction.
The case exhibits, means of administrative violations by the authority of the district level back down the decision to confiscate the Council of district-level auction to auction.
The auctioned exhibits, means of administrative violations are made according to the provisions of the law on the auction.
With respect to exhibits, seized vehicles that are not sold, the bodies of people who have decision-making authority confiscated Council to liquidate assets in accordance with the law.
The money collected from auctioning exhibits, means of administrative violations, after deducting the costs according to the provisions of the law, must be submitted to the State budget through the open account in the State Treasury.
2. for exhibits, means of administrative violations are toxic products, culture, counterfeiting has no use value, articles harmful to human health, livestock, crops were destroyed or exhibits, the media seized but no longer worth using, then the competent person must establish the Council treats to destruction. Depending on the nature of the exhibits, the media, the processor board components composed of representatives of the relevant State agencies. The destroyed evidence, means of administrative violations must be set the minutes signed by the members of the Board process.
For goods, articles, vehicles were taken out of Vietnam territory or is forced back, the individual, the organisation must take offense out of Vietnam territory within the time limit stated in the decision to sanction.
3. for exhibits administrative violations as commodities vulnerable items, then the competent person must conduct seizure formed thereon and sales organization. The money collected must be deposited in your account temporarily posted to open in the State Treasury. If after that by decision of the competent person, exhibits that seized the proceeds to be paid into the State budget; in the case of exhibits that are not seized, the proceeds payable to the owner, Manager or legal users.

4. for exhibits, means of administrative violations, except for exhibits, the means provided for in paragraphs 2 and 3 of this article, which do not know the owner, Manager, or users who are not to receive then the competent person must be seizure notice on the mass media and publicly listed at the headquarters of the Agency who has the authority confiscated; within a period of thirty days from the day the notice is listed, if not to identify the owner, the Manager, or users who are not to receive then the competent person must decide to confiscate exhibits, means to handle infringement as defined in paragraph 1 of this article.
5. for exhibits, vehicles hijacked, unauthorized use to administrative violations, then returned to the owner, Manager or legal users.
6. storage costs, charges, expenses of preservation exhibits, means of administrative violations and other expenses consistent with the provisions of the legislation are deducted from the money selling exhibits, means of administrative violations.
No charge storage fees, maintenance fees, in time exhibits, means of custody if the exhibits, no media errors in the administrative violation or does not apply to seizure measure exhibits, media.
7. People are vehicle, exhibits the administrative hold violated only pay storage fees, fees, fees for preservation of exhibits, the media breached and other expenses under the provisions of the law of time exhibits, hold media according to the time limits prescribed in clause 5 Article 46 of this Ordinance.
In case there are exhibits, means of administrative violations have been reported to get back exhibits, hold media that are not to receive timely notice shall pay the storage costs, fees, charges, evidence preservation means violating and other expenses for the time beyond the deadline announced unless there are justifiable reasons; If the time limit of thirty days from the date of expiry of that reportedly have exhibits, means not to get the exhibits, which are handled as specified in paragraph 4 of this Article. "
26. Article 64 is amended and supplemented as follows: "article 64. Executive decision sanctioning administrative violations 1. Personally, the organization sanctioned administrative offense must accept the punishment decision issued within ten days from the date of delivery of the decision, unless the sanction prescribed in clause 5 Article 57 of this Ordinance or the case law have provisions.
2. the time limits specified in paragraph 1 of this article that the individual, the organization sanctioned administrative offense not voluntarily obey the sanction decision comply. "
27. the following Article 66 66a supplement as follows: "article 66a. The liability of the credit institution in the enforcement of coercive enforcement of the decision decision sanctioning administrative violations 1. Upon receiving the decision comply decision sanctioning administrative violations, credit institutions where individuals, organizations suffer coercive enforcement of open account is retained in your personal account, held that the amount equivalent to the amount that the individual, the Organization shall submit at the request of the Agency who are competent, compulsive decision if at the time the deposit account has sufficient balance or more than the amount that the individual, the organisation must be filed; at the same time within ten days from the date of the decision on coercive, is responsible to extract turn from the deposit account of the State budget through the open account in the State Treasury the amount of money that the individual, the Organization must submit; the case of the balance in the deposit account is less than the amount that individuals, organizations coerced to pay the credit organization must still hold back and extract the money transfer. Before quoting move in days, credit institutions have the responsibility to inform individuals, organizations coerced know the quote, but the quote moved do not need their consent.
2. where the credit institution does not make the keep in the account of individuals, organizations coerced the amount prescribed in paragraph 1 of this article, the credit institutions have to submit instead. Individuals, organizations have coerced organization responsible to repay the amount to which the credit institution has filed for the State. The case of the balance in the deposit account is less than the amount of money to extract the individual transfer, addition to the coerced organization must pay the amount to which the credit institution has filed rather then have to submit to the State the rest for enough money to file.
3. in case of not implementing the CITES to transfer the credit organization that fined the amount corresponding to the amount not extract added to the State budget through the open account at the State Treasury but must not exceed 500,000,000 contract. "
28. Article 67 be amended and supplemented as follows: "article 67. The decision-making authority of coercive authority following coercive decisions and has the task of organizing the coercive enforcement of the decision of its sanctions and of lower level: 1. the people's Committee Chairman granted the commune, district level, province level;
2. the head of the police outpost, police districts, fire Police Department Director, fire, provincial police Director, Director of police administration of social order, the Police Director of criminal investigation about the social order, the Police Director of criminal investigation of order and economy management , Director of the criminal investigation police Bureau of narcotics, Director of Department of the road traffic police-railways, Director of Department of water transport police, fire the police Chief, fire chief, exit and entry Management Bureau Chief, police protection and judicial assistance , Director of Department of environmental police;
3. Head of frontier, the Commander of the border guards the gate of the port, Commander of the provincial border guard, Commander of the squadron directly border the Commander of border guard; The Marine Police Bureau Chief;
4. the Director of the Bureau of customs, Bureau Chief following Customs inspection Bureau, Director of the anti-smuggling Bureau of investigation of the Department of customs;
5. The genus FPD Chief, Chief Ranger;
6. the Director of the tax Bureau;
7. Bureau Chief market management Bureau, Director of market management;
8. the Director of Department of labor management abroad; Heads of diplomatic missions, consular agency, other agencies authorized to perform consular functions of Vietnam abroad;
9. the Director of the Bureau of competition management;
10. The Chairman of the State Securities Commission;
11. The Chief Inspector of the Department-level disciplines, Chief Inspector of the specialized ministries, ministerial agencies;
12. The Director of Maritime Ports, port Director of inland waterways, the Director of port service;
13. The Chief Justice at district level people's Court, the Chief Justice of the provincial people's Court, the Chief Justice of military court area, Chief Justice of the Court of military zone and equivalent courts, Chief of the Supreme People's Court; Chief of civil enforcement agencies, provincial court granted enforcement agency Chief of military region. "
29. additional amendments to article 113 as follows: "article 113. Handle the case of a person subject to put into the institution, has to take on the basis of cure or just to put on the market brought, just to put in the basis of healing "1. The case made legal violations just in the object put into an institution fit to take on the basis of cure or just to put on the field brought just to take on the basis of healing, the measures taken on the basis of healing.
2. In the case of drug addiction object of type thugs then violent measures taken on the basis of education, school of education. The institution, the school brought made the withdrawal for this object type.
3. During the cutting phase, recovery, the Executive decided to object at the base of healing if there are violations of the provisions in point c paragraph 2 to article 24 and article 25 clause 2 of this Ordinance shall be applied the measures taken on the Liberal school, institution.
Director of the basis of healing proceed to profile the proposal put to the institution, the school brought to the acts specified in paragraph 3 of this article on the basis of existing records and the minutes of the new violations sent people's Committee Chairman at district level provincial, where the decision was to review the measures specified in item 1 article 24, paragraph 1 of article 25 of this Ordinance.
The review procedure on the inclusion into the Liberal school, an institution for this object is made under the provisions of this Ordinance.
Article 2.
1. this Ordinance has effect from 1 August 2008.
2. The regulation on handling administrative violations previously opposed this Ordinance were repealed. In case the law has other stipulations shall apply in accordance with the law.