Decree No. 106/2025/ND-CP dated May 15, 2025 on administrative penalties for violations against regulations on fire prevention and firefighting and rescue
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THE GOVERNMENT |
SOCIALIST REPUBLIC OF VIETNAM |
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No. 106/2025/ND-CP |
Hanoi, May 15, 2025 |
DECREE
ADMINISTRATIVE PENALTIES FOR VIOLATIONS AGAINST REGULATIONS ON FIRE PREVENTION AND FIREFIGHTING AND RESCUE
Pursuant to the Law on Government Organization dated February 18, 2025;
Pursuant to the Law on Handling of Administrative Violations of Vietnam dated June 20, 2012; the Law dated November 13, 2020 on Amendments to the Law on Handling of Administrative Violations;
Pursuant to the Law on Fire and Rescue dated November 29, 2024;
At the request of the Minister of Public Security of Vietnam;
The Government promulgates a Decree on administrative penalties for violations against regulations on fire prevention and firefighting and rescue.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Decree provides for administrative penalties for violations against regulations on fire prevention and firefighting and rescue, including administrative violations, penalties, fines, remedial measures imposed against administrative violations, persons having the power to issue violation records, impose penalties and specific fines.
2. Other Decrees on administrative penalties for violations against regulations on fire prevention and firefighting and rescue shall apply to other administrative violations that are related to fire prevention and firefighting and rescue that are not provided for in this Decree.
3. Imposition of administrative penalties for violations against regulations on forest fire prevention and fighting shall comply with regulations in the Decree on penalties for administrative violations against regulations on forestry. Regulations in this Decree shall apply to administrative violations against regulations on forest fire prevention and fighting that are not provided for in the Decree on penalties for administrative violations against regulations on forestry.
Article 2. Regulated entities
1. Vietnamese organizations and individuals, foreign organizations and individuals that commit administrative violations against regulations on fire prevention and firefighting and rescue within the territory, inland waterways, territorial sea, contiguous zones, exclusive economic zones and continental shelves of the Socialist Republic of Vietnam; on airplanes with Vietnamese nationality and ships with Vietnamese flags, unless otherwise prescribed by international treaties to which the Socialist Republic of Vietnam is a signatory.
2. Organizations specified in clause 1 of this Article include:
a) Business organizations established under the Law on Enterprises, including sole proprietorships, joint-stock companies, limited liability companies, partnerships and their affiliates;
b) Business organizations established under the Law on Co-operatives, including co-operatives, co-operative unions, artels and their affiliates;
c) Organizations established under the Law on Investment, including domestic investors, foreign investors (except for individual investors) and foreign-invested business entities;
d) Organizations established under the Commercial Law;
dd) Political organizations, social organizations, socio-political organizations, social-professional organizations;
e) State authorities;
g) Public service providers;
h) Apartment building management boards that operate according to regulations on apartment building management boards and have juridical personality;
i) Organizations assigned to oversee establishments in accordance with regulations of the Law on Fire and Rescue;
k) Other organizations established under regulations of law.
3. Persons having the power to issue violation records and impose penalties and organizations and individuals related to imposition of penalties for administrative violations against regulations on fire prevention and firefighting and rescue according to regulations in this Decree.
Article 3. Administrative penalties and remedial measures
1. Administrative penalties for violations against regulations on fire prevention and firefighting and rescue include:
a) Warnings;
b) Fines.
2. Additional administrative penalties for violations against regulations on fire prevention and firefighting and rescue include:
a) Suspension of operation;
b) Confiscation of exhibits or means used for commission of the administrative violations (hereinafter referred to as "exhibits and means of administrative violations");
c) Suspension of the license that is a written appraisal for fire prevention and firefighting design or written approval of fire prevention and firefighting commissioning results for a fixed period of 06-12 months.
3. Remedial measures imposed on violations against regulations on fire prevention and firefighting and rescue include:
a) Remedial measures specified in point a clause 1 Article 28 of the Law on Handling of Administrative Violations;
b) Other measures specified in this Decree.
4. Procedures for return of a falsified license:
a) The competent person shall issue a decision; the violator shall return the falsified license in accordance with clauses 1, 2, 3 and 4 Article 85 of the Law on Handling of Administrative Violations;
b) The decision issuer mentioned in point a of this clause shall send a written notification to the issuer of the license.
5. An authority/person having power to impose a penalty shall suspend the electronic license previously issued for a violation against regulations on fire prevention and firefighting and rescue according to regulations in clause 6 Article 15 of this Decree. The suspension of the written appraisal for fire prevention and firefighting design or written approval of fire prevention and firefighting commissioning results shall be updated to the fire prevention and firefighting and rescue database established and managed by the Ministry of Public Security and another electronic information application according to regulations.
Article 4. Fines for violations against regulations on fire prevention and firefighting and rescue
1. The maximum fine for a fire prevention and firefighting and rescue-related violation shall be 50.000.000 VND if imposed upon an individual. The fine imposed upon an organization for the same violation shall be twice the fine imposed upon an individual.
2. The fines specified in Chapter II of this Decree are imposed upon administrative violations committed by individuals.
3. Penalties incurred by households, household businesses and residential communities committing violations against regulations herein shall be the same as those incurred by violating individuals.
Article 5. Prescriptive period
1. Prescriptive period for imposition of administrative penalties for violations against regulations on fire prevention and firefighting and rescue is 01 year.
2. The period of use of the results collected by professional technical equipment and devices provided by authorities/persons having the power to impose administrative penalties, organizations and individuals assigned to manage and entitled to use such professional technical equipment and devices shall begin from the time when these equipment and devices record the results until the end of last day of the prescriptive period for imposition of penalties for administrative violations according to clause 1 Article 6 of the Law on Handling of Administrative Violations.
Where after the above-mentioned deadline, persons having the power to impose administrative penalties for violations do not issue decisions to impose penalties within their jurisdiction, the results collected by professional technical equipment and devices shall be no longer valid for use.
3. Determination of prescriptive period:
a) If the administrative violation has ended, the prescriptive period begins when the violation ends;
b) Regarding an ongoing administrative violation, the prescriptive period begins when it is discovered;
c) Regarding a violation discovered by a professional technical equipment or device, the date that the violation ends is the date on which the professional technical equipment or device records the violation.
4. Determination of prescriptive period in accordance with clause 3 of this Article in some specific cases:
a) The date on which the administrative violation ends and the prescriptive period for imposition of penalties begins for violations specified in clauses 1 and 2 Article 18 of this Decree is the date on which the structure, work item or vehicle is transferred as per the law;
b) The date on which the administrative violation ends and the prescriptive period for imposition of penalties begins for violations specified in clauses 3 and 4 Article 18 of this Decree is the date on which the structure, work item or vehicle ceases operation.
5. Persons having the power to impose penalties shall, according to relevant documents, determine the prescriptive period in accordance with the Law on Handling of Administrative Violations and other relevant laws.
Chapter II
ADMINISTRATIVE VIOLATIONS, PENALTIES AND REMEDIAL MEASURES
Article 6. Violations against regulations on dissemination of knowledge and laws on, provision of training and refresher training in fire prevention and firefighting and rescue
1. A warning or a fine ranging from 300.000 VND to 500.000 VND shall be imposed for damaging fire prevention and firefighting and rescue banners, posters and billboards.
2. A fine ranging from 1.000.000 VND to 3.000.000 VND shall be imposed for failing to organize dissemination of fire prevention, firefighting and rescue law and knowledge to the entities specified in Article 8 of the Law on Fire and Rescue.
3. A fine ranging from 4.000.000 VND to 6.000.000 VND shall be imposed for failing to provide annual refresher training in fire prevention, firefighting and rescue for the entities that have undergone training in fire prevention, firefighting and rescue in accordance with points c, d, dd, e and g clause 1 Article 45 of the Law on Fire and Rescue.
4. A fine ranging from 6.000.000 VND to 8.000.000 VND shall be imposed for assigning the entities specified in points d, dd, e and g clause 1 Article 45 of the Law on Fire and Rescue to perform fire prevention, firefighting and rescue tasks but they have not yet undergone training in fire prevention, firefighting and rescue.
5. Remedial measures:
a) Mandatory restoration of original condition regarding the violation specified in clause 1 of this Article;
b) Mandatory provision of refresher training in fire prevention and firefighting and rescue regarding the violation specified in clause 3 of this Article.
c) Mandatory provision of training in fire prevention and firefighting and rescue regarding the violation specified in clause 4 of this Article.
Article 7. Violations against regulations on promulgating and posting rules, placing signs, warning signs, direction signs related to fire prevention, firefighting and rescue
1. A fine ranging from 1.000.000 VND to 3.000.000 VND shall be imposed for any of the following violations:
a) Promulgating fire prevention, firefighting and rescue rules containing contents that are inadequate according to regulations or not appropriate to characteristics and nature of operations conducted by the establishment or vehicle;
b) Posting rules, placing signs, warning signs, direction signs related to fire prevention, firefighting and rescue in incorrect positions as designated.
2. A fine ranging from 4.000.000 VND to 6.000.000 VND shall be imposed for failing to maintain fire prevention, firefighting and rescue rules, signs, warning signs, direction signs that have been posted/placed.
3. A fine ranging from 6.000.000 VND to 8.000.000 VND shall be imposed for failing to promulgate or post rules signs, place warning signs, direction signs related to fire prevention, firefighting and rescue.
Article 8. Violations against regulations on establishment and management of grassroots fire and rescue forces, specialized fire and rescue forces; assignment of individuals in charge of fire prevention, firefighting and rescue tasks
1. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for any of the following violations:
a) Establishing grassroots fire and rescue forces or specialized fire and rescue forces that do not have enough members in accordance with regulations;
b) Failing to appoint persons working for grassroots authorities/organizations to participate in grassroots fire and rescue forces;
2. A fine ranging from 6.000.000 VND to 8.000.000 VND shall be imposed for any of the following violations:
a) Failing to assign individuals to take charge of fire prevention, firefighting and rescue tasks at any establishment with fewer than 20 people working;
b) Failing to prepare fire and rescue watch positions for grassroots fire and rescue forces or specialized fire and rescue forces
3. A fine ranging from 8.000.000 VND to 10.000.000 VND shall be imposed for failing to allocate forces or provide equipment for grassroots fire and rescue forces or specialized fire and rescue forces keeping daily watch for fire prevention, firefighting and rescue.
4. A fine ranging from 10.000.000 VND to 20.000.000 VND shall be imposed for failing to establish grassroots fire and rescue forces.
5. A fine ranging from 20.000.000 VND to 30.000.000 VND shall be imposed for failing to establish specialized fire and rescue forces.
Article 9. Violations against regulations on dossiers on fire prevention, firefighting and rescue
1. A fine ranging from 1.000.000 VND to 3.000.000 VND shall be imposed for failing to have adequate dossiers on fire prevention, firefighting and rescue.
2. A fine ranging from 5.000.000 VND to 7.000.000 VND shall be imposed for failing to formulate dossiers on fire prevention, firefighting and rescue.
Article 10. Violations against regulations on fire prevention and firefighting inspection
1. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for any of the following violations:
a) Failing to present dossiers on fire prevention, firefighting and rescue to serve fire prevention and firefighting inspection;
b) Failing to punctually send reports on results of establishments’ performance of fire prevention and firefighting and rescue tasks;
c) Failing to meet fire prevention and firefighting and rescue requirements specified in written proposals to overcome shortcomings and limitations.
2. A fine ranging from 5.000.000 VND to 10.000.000 VND shall be imposed for any of the following violations:
a) Failing to assign persons having power and responsibilities to work with persons having the power to conduct inspection after having received the notification of fire prevention and firefighting inspection;
b) Failing to send reports on results of establishments’ performance of fire prevention and firefighting and rescue tasks;
3. A fine ranging from 10.000.000 VND to 20.000.000 VND shall be imposed for failing to conduct periodical self-inspections of fire prevention and firefighting.
4. A fine ranging from 20.000.000 VND to 30.000.000 VND shall be imposed for any of the following violations:
a) Failing to suspend the operation for a fixed period according to a competent person’s decision to impose administrative penalties for violations against regulations on fire prevention and firefighting and rescue.
b) Failing to abide by decisions on suspension and termination of the operation as per by law on fire and rescue.
Article 11. Violations against regulations on fire prevention and firefighting during use of fire sources, heat sources, equipment and vehicles that produce fire or heat
1. A fine ranging from 5.000.000 VND to 10.000.000 VND shall be imposed for using fire sources, heat sources, equipment and vehicles that produce fire or heat without maintaining fire safety and fire separation distance according to regulations.
2. A fine ranging from 20.000.000 VND to 25.000.000 VND shall be imposed for any of the following violations:
a) Using fire sources, heat sources, equipment and vehicles that produce fire or heat in areas where they are banned;
b) Welding, cutting metals without implementing fire safety measures as prescribed by law.
3. A fine which is twice as much as that imposed for the violations prescribed in clause 1 of this Article shall be imposed if a fire occurs but not to a degree that is subject to criminal prosecution.
Article 12. Violations against regulations on fire prevention and firefighting during installation and use of electricity
1. A fine ranging from 6.000.000 VND to 8.000.000 VND shall be imposed for installing, using electric wires, electric devices, shut-off devices, protective devices without ensuring fire safety.
2. A fine ranging from 10.000.000 VND to 15.000.000 VND shall be imposed for failing to maintain previously installed explosion-proof electrical equipment.
3. A fine ranging from 20.000.000 VND to 25.000.000 VND shall be imposed for failing to equip, install and use explosion-proof electrical equipment.
4. A fine ranging from 40.000.000 VND to 50.000.000 VND shall be imposed for any of the following violations:
a) Failing to implement fire separation solutions for concentrated indoor charging locations for electric vehicles;
b) Failing to establish power system for fire prevention and firefighting;
c) Failing to maintain power sources for fire prevention and firefighting.
5. A fine which is twice as much as that imposed for the violations prescribed in clauses 1, 2 and 3 of this Article shall be imposed if a fire occurs but not to a degree that is subject to criminal prosecution.
6. Remedial measure:
Mandatory implementation of fire separation solutions regarding the violation specified in point a clause 4 of this Article.
Article 13. Violations against regulations on fire prevention and firefighting during installation, inspection and maintenance of earthing and lightning protection systems
1. A fine ranging from 1.000.000 VND to 3.000.000 VND shall be imposed for failing to carry out periodic inspections and maintenance of earthing and lightning protection systems.
2. A fine ranging from 10.000.000 VND to 15.000.000 VND shall be imposed for any of the following violations:
a) Installing earthing and lightning protection systems against regulations of law;
b) Failing to maintain earthing and lightning protection systems that have been installed.
3. A fine ranging from 20.000.000 VND to 25.000.000 VND shall be imposed for failing to install earthing and lightning protection systems in a house or building.
4. A fine which is twice as much as that imposed for the violations prescribed in clauses 1, 2 and 3 of this Article shall be imposed if a fire occurs but not to a degree that is subject to criminal prosecution.
Article 14. Violations against regulations on fire prevention and firefighting during management, preservation and use of substances/goods with fire/explosion hazards
1. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for any of the following violations:
a) Arranging or placing substances/goods with fire/explosion hazards against regulations;
b) Preserving substances/goods with fire/explosion hazards in excess of the prescribed quantity/capacity.
2. A fine ranging from 5.000.000 VND to 10.000.000 VND shall be imposed for preserving or using substances/goods with fire/explosion hazards in inappropriate places.
3. A fine ranging from 10.000.000 VND to 15.000.000 VND shall be imposed for creating a fire hazard where fuel concentration exceeds the lower flammability limit.
4. A fine ranging from 20.000.000 VND to 25.000.000 VND shall be imposed for illegally storing substances/goods with fire/explosion hazards if not liable to criminal prosecution.
5. A fine ranging from 45.000.000 VND to 50.000.000 VND shall be imposed for illegally using substances/goods with fire/explosion hazards if not liable to criminal prosecution.
6. A fine which is twice as much as that imposed for the violations prescribed in clauses 1, 2, 3 and 4 of this Article shall be imposed if a fire occurs but not to a degree that is subject to criminal prosecution.
7. Additional penalty:
Confiscation of exhibits and means of administrative violations regarding the violations specified in clauses 4 and 5 of this Article.
8. Remedial measures:
a) Mandatory reduction in quantity/capacity of substances/goods with fire/explosion hazards regarding the violation specified in point b clause 1 of this Article;
b) Mandatory transfer of substances/goods with fire/explosion hazards to appropriate places regarding the violation specified in clause 2 of this Article.
Article 15. Violations against regulations on fire prevention and firefighting during manufacture and sale of substances/goods with fire/explosion hazards
1. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for any of the following violations:
a) Failing to maintain the previously installed/equipped devices for detection of leakage of substances/goods with fire/explosion hazards;
b) Failing to maintain previously installed anti-static devices or systems.
2. A fine ranging from 10.000.000 VND to 15.000.000 VND shall be imposed for any of the following violations:
a) Failing to equip/install devices for detection of leakage of substances/goods with fire/explosion hazards;
b) Failing to equip/install anti-static devices or systems.
3. A fine ranging from 20.000.000 VND to 25.000.000 VND shall be imposed for any of the following violations:
a) Packaging, filling substances/goods with fire/explosion hazards at inappropriate locations;
b) Packaging, filling substances/goods with fire/explosion hazards into the wrong kind of containers or those that are not appropriate for these substances/goods.
4. A fine ranging from 40.000.000 VND to 50.000.000 VND shall be imposed for illegally manufacturing and selling substances/goods with fire hazards/explosion hazards if not liable to criminal prosecution.
5. A fine which is twice as much as that imposed for the violations prescribed in clauses 1, 2 and 3 of this Article shall be imposed if a fire occurs but not to a degree that is subject to criminal prosecution.
6. Additional penalties:
a) Confiscation of exhibits and means of administrative violations regarding the violations specified in point b clauses 3 and 4 of this Article;
b) Suspension of the license that is a written appraisal for fire prevention and firefighting design or written approval of fire prevention and firefighting commissioning results for a fixed period of 06-12 months regarding the violation specified in clause 4 of this Article.
Article 16. Violations against regulations on transport of substances/goods with fire/explosion hazards
1. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for arranging/placing substances/goods with fire/explosion hazards in a vehicle that does not meet fire safety requirements.
2. A fine ranging from 5.000.000 VND to 7.000.000 VND shall be imposed for any of the following violations:
a) Failing to maintain fulfillment of fire safety requirements during the transport of the substances/goods with fire/explosion hazards on the vehicle;
b) Transporting other goods and the substances/goods with fire/explosion hazards on the same vehicle without permission granted by a competent authority;
c) Carrying unauthorized persons on the vehicle transporting the substances/goods with fire/explosion hazards.
3. A fine ranging from 20.000.000 VND to 25.000.000 VND shall be imposed for any of the following violations:
a) Failing to fulfill fire safety requirements while unloading, pumping, moving the substances/goods with fire/explosion hazards from the vehicle;
b) Failing to maintain fire safety measures for devices or pipelines for transporting flammable/explosive gases/liquids;
c) Unloading, pumping, moving the substances/goods with fire/explosion hazards at locations that do not satisfy fire safety requirements;
4. A fine which is twice as much as that imposed for the violations prescribed in clause 1, points and b clauses 2 and clause 3 of this Article shall be imposed if a fire occurs but not to a degree that is subject to criminal prosecution.
5. Remedial measures:
a) Mandatory maintenance of fulfillment of fire safety requirements during the transport of the substances/goods with fire/explosion hazards on the vehicle regarding the violation specified in point a clause 2 of this Article;
b) Mandatory maintenance of fire safety measures for devices or pipelines for transporting flammable/explosive gases/liquids regarding the violation specified in point b clause 3 of this Article;
c) Mandatory unloading, pumping, movement of the substances/goods with fire/explosion hazards to locations that satisfy fire safety requirements regarding the violation specified in point c clause 3 of this Article.
Article 17. Violations against regulations on compulsory fire and explosion insurance
1. A fine ranging from 10.000.000 VND to 15.000.000 VND shall be imposed for any of the following violations:
a) Buying compulsory fire and explosion insurance against regulations of law on compulsory fire and explosion insurance premiums payable by establishments that must buy compulsory insurance;
b) Extracting from 50% to just under 100% of the total revenue from selling compulsory fire and explosion insurance to fund fire prevention and firefighting and rescue operations according to regulations.
2. A fine ranging from 20.000.000 VND to 30.000.000 VND shall be imposed for extracting from under 50% of the total revenue from selling compulsory fire and explosion insurance to fund fire prevention and firefighting and rescue operations according to regulations.
3. A fine ranging from 30.000.000 VND to 40.000.000 VND shall be imposed for failing to buy compulsory fire and explosion insurance in respect of a group-II establishment posing a risk of conflagration according to regulations of law on fire and rescue.
4. A fine ranging from 40.000.000 VND to 50.000.000 VND shall be imposed for any of the following violations:
a) Failing to buy compulsory fire and explosion insurance in respect of a group-I establishment posing a risk of conflagration according to regulations of law on fire and rescue;
b) Failing to extract an amount from total revenue from selling compulsory fire and explosion insurance to fund fire prevention and firefighting and rescue operations.
Article 18. Violations against regulations on appraisal of design in and commissioning of fire prevention and firefighting
1. A fine ranging from 15.000.000 VND to 20.000.000 VND shall be imposed for any of the following violations:
a) Repurposing or adding occupancies or renovating structures or work items required to undergo fire prevention and firefighting design appraisal during the process of use when a written appraisal for fire prevention and firefighting design has not yet been issued by an authority having jurisdiction (AHJ);
b) Renovating vehicles required to undergo fire prevention and firefighting design appraisal during the process of use when a written appraisal for fire prevention and firefighting design has not yet been issued by AHJ.
2. A fine ranging from 20.000.000 VND to 25.000.000 VND shall be imposed for constructing structures or work items or manufacturing, assembling, building vehicles required to undergo fire prevention and firefighting design appraisal when a written appraisal for fire prevention and firefighting design has not yet been issued by AHJ.
3. A fine ranging from 30.000.000 VND to 50.000.000 VND shall be imposed for putting structures or work items or vehicles whose fire prevention and firefighting design is approved or appraised into operation/use when a written approval of fire prevention and firefighting commissioning results has not yet been issued by AHJ.
4. A fine ranging from 40.000.000 VND to 50.000.000 VND shall be imposed for putting structures or work items or vehicles required to undergo fire prevention and firefighting design appraisal into operation/use when the written appraisal for fire prevention and firefighting design and the written approval of fire prevention and firefighting commissioning results have not yet been issued by AHJ.
5. A fine which is twice as much as that imposed for the violations prescribed in clauses 1 and 2 of this Article shall be imposed if a fire occurs but not to a degree that is subject to criminal prosecution.
6. Additional penalties:
a) Suspension of operation for a fixed period of 03-06 months regarding the violation specified in clause 3 of this Article;
b) Suspension of operation for a fixed period of 06-12 months regarding the violation specified in clause 4 of this Article.
Article 19. Violations against regulations on sale of fire and rescue instruments and fire-rated/fireproof materials and structural elements
1. A fine ranging from 20.000.000 VND to 30.000.000 VND shall be imposed for falsifying a license for sale of fire and rescue instruments and fire-rated/fireproof materials and structural elements.
2. A fine ranging from 40.000.000 VND to 50.000.000 VND shall be imposed for any of the following violations:
a) Selling, putting fire and rescue instruments and fire-rated/fireproof materials and structural elements into market when the license has not yet been issued;
b) Using false documents to apply for the license for sale of fire and rescue instruments and fire-rated/fireproof materials and structural elements.
3. Remedial measures:
a) Mandatory return of the license for sale of fire and rescue instruments and fire-rated/fireproof materials and structural elements to the issuer regarding the violations specified in clause 1 and point b clause 2 of this Article;
b) Mandatory withdrawal of fire and rescue instruments and fire-rated/fireproof materials and structural elements regarding the violation specified in point a clause 2 of this Article.
Article 20. Violations against regulations on installation of fire and rescue instruments
1. A fine ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for installing common fire and rescue instruments or manual dismantling equipment against regulations.
2. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for failing to install common fire and rescue instruments or manual dismantling equipment.
3. A fine ranging from 5.000.000 VND to 7.000.000 VND shall be imposed for installing emergency lighting and emergency exit signs against regulations.
4. A fine ranging from 8.000.000 VND to 10.000.000 VND shall be imposed for providing fire and rescue instruments for grassroots fire and rescue forces or specialized fire and rescue forces against regulations.
5. A fine ranging from 10.000.000 VND to 15.000.000 VND shall be imposed for failing to install emergency lighting and emergency exit signs.
6. A fine ranging from 15.000.000 VND to 20.000.000 VND shall be imposed for failing to provide fire and rescue instruments for grassroots fire and rescue forces.
7. A fine ranging from 20.000.000 VND to 25.000.000 VND shall be imposed for failing to provide fire and rescue instruments for specialized fire and rescue forces.
8. A fine ranging from 30.000.000 VND to 40.000.000 VND shall be imposed for any of the following violations:
a) Installing instruments within a fire alarm system against regulations;
b) Installing instruments within a firefighting system against regulations.
9. A fine ranging from 40.000.000 VND to 50.000.000 VND shall be imposed for any of the following violations:
a) Failing to install the fire alarm system;
b) Failing to install the firefighting system;
c) Failing to install motorized fire and rescue instruments.
10. A fine which is twice as much as that imposed for the violations prescribed in clauses 2, 5, 6 and 7 of this Article shall be imposed if a fire occurs but not to a degree that is subject to criminal prosecution.
11. Additional penalty:
Suspension of operation for a fixed period of 03-06 months regarding the violations specified in points a and b clause 9 of this Article.
12. Remedial measures:
a) Mandatory installation of common fire and rescue instruments or manual dismantling equipment regarding the violation specified in clause 1 of this Article;
b) Mandatory installation of emergency lighting and emergency exit signs regarding the violation specified in clause 3 of this Article;
c) Mandatory provision of fire and rescue instruments for grassroots fire and rescue forces or specialized fire and rescue forces regarding the violation specified in clause 4 of this Article;
d) Mandatory installation of the fire alarm system regarding the violation specified in point a clause 8 of this Article;
dd) Mandatory installation of the firefighting system regarding the violation specified in point b clause 8 of this Article.
Article 21. Violations against regulations on use of fire and rescue instruments
1. A fine ranging from 1.000.000 VND to 3.000.000 VND shall be imposed for arbitrarily moving or blocking previously installed fire and rescue instruments.
2. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for failing to maintain sufficient quantity or quality of previously installed common fire and rescue instruments or manual dismantling equipment.
3. A fine ranging from 5.000.000 VND to 10.000.000 VND shall be imposed for any of the following violations:
a) Failing to maintain operation of previously installed emergency lighting and emergency exit signs;
b) Failing to maintain operation of previously installed independent fire alarm devices.
4. A fine ranging from 10.000.000 VND to 20.000.000 VND shall be imposed for any of the following violations:
a) Failing to maintain operation of previously installed instruments within the fire alarm system;
b) Failing to maintain operation of previously installed instruments within the firefighting system.
5. A fine ranging from 20.000.000 VND to 25.000.000 VND shall be imposed for failing to have motorized fire and rescue instruments prepared for firefighting and rescue.
6. A fine ranging from 40.000.000 VND to 50.000.000 VND shall be imposed for any of the following violations:
a) Failing to maintain operation of the previously installed fire alarm system;
a) Failing to maintain operation of the previously installed firefighting system;
7. A fine which is twice as much as that imposed for the violations prescribed in clauses 2, 3, 4 and 5 of this Article shall be imposed if a fire occurs but not to a degree that is subject to criminal prosecution.
8. Additional penalty:
Suspension of operation for a fixed period of 01-03 months regarding the violation specified in clause 6 of this Article.
9. Remedial measures:
a) Mandatory restoration of original condition regarding the violation specified in clause 1 of this Article;
b) Mandatory maintenance of sufficient quantity or quality of common fire and rescue instruments or manual dismantling equipment regarding the violation specified in clause 2 of this Article;
c) Mandatory maintenance of emergency lighting and emergency exit signs regarding the violation specified in point a clause 3 of this Article;
d) Mandatory maintenance of independent fire alarm devices regarding the violation specified in point b clause 3 of this Article;
d) Mandatory maintenance of the fire alarm system regarding the violations specified in point a clause 4, point a clause 6 of this Article;
e) Mandatory maintenance of the firefighting system regarding the violations specified in point b clause 4, point b clause 6 of this Article.
Article 22. Violations against regulations on preservation/maintenance of fire and rescue instruments
1. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for any of the following violations:
a) Failing to preserve/maintain common fire and rescue instruments or independent fire alarm devices;
b) Preserving/maintaining the fire alarm system against regulations;
c) Preserving/maintaining the firefighting system against regulations;
d) Preserving/maintaining motorized fire and rescue instruments against regulations.
2. A fine ranging from 5.000.000 VND to 10.000.000 VND shall be imposed for failing to preserve/maintain motorized fire and rescue instruments.
3. A fine ranging from 10.000.000 VND to 20.000.000 VND shall be imposed for any of the following violations:
a) Failing to maintain the fire alarm system;
b) Failing to maintain the firefighting system;
Article 23. Violations against regulations on smoke extraction
1. A fine ranging from 10.000.000 VND to 20.000.000 VND shall be imposed for any of the following violations:
a) Installing instruments within a smoke extraction system against regulations;
b) Installing instruments within a positive pressure system at zones where smoke protection is required against regulations.
2. A fine ranging from 20.000.000 VND to 25.000.000 VND shall be imposed for any of the following violations:
a) Failing to maintain natural ventilation or the previously installed smoke extraction system;
b) Failing to maintain the previously installed positive pressure system at the zone where smoke protection is required.
3. A fine ranging from 30.000.000 VND to 40.000.000 VND shall be imposed for failing to maintain the previously installed ventilation system at the zone where the substances/goods with fire/explosion hazards are manufactured/preserved/sold/used.
4. A fine ranging from 40.000.000 VND to 50.000.000 VND shall be imposed for any of the following violations:
a) Failing to take natural ventilation measures or smoke extraction measures;
b) Failing to install the positive pressure system at the zone where the system must be installed.
5. A fine which is twice as much as that imposed for the violations prescribed in clauses 1 and 2 of this Article shall be imposed if a fire occurs but not to a degree that is subject to criminal prosecution.
6. Additional penalty:
Suspension of operation for a fixed period of 03-06 months regarding the violation specified in clause 3 of this Article.
7. Remedial measures:
a) Mandatory installation of the smoke extraction system regarding the violation specified in point a clause 1 of this Article;
b) Mandatory installation of the positive pressure system regarding the violation specified in point b clause 1 of this Article;
c) Mandatory maintenance of ventilation measures or the smoke extraction system regarding the violation specified in point a clause 2 of this Article;
d) Mandatory maintenance of the positive pressure system regarding the violation specified in point b clause 2 of this Article;
dd) Mandatory maintenance of the ventilation system at the zone where the substances/goods with fire/explosion hazards are manufactured/preserved/sold/used regarding the violation specified in clause 3 of this Article.
Article 24. Violations against regulations on fire escape
1. A fine ranging from 1.000.000 VND to 3.000.000 VND shall be imposed for any of the following violations:
a) Installing mirrors on the escape route;
b) Installing escape doors that do not swing in the direction of egress.
2. A fine ranging from 5.000.000 VND to 10.000.000 VND shall be imposed for placing supplies, goods, vehicles and other items and instruments blocking the escape route.
3. A fine ranging from 10.000.000 VND to 15.000.000 VND shall be imposed for any of the following violations:
a) Failing to maintain previously installed escape doors on the escape route;
b) Locking escape doors previously installed on the escape route.
4. A fine ranging from 20.000.000 VND to 30.000.000 VND shall be imposed for any of the following violations:
a) Failing to maintain escape routes at rooms and areas;
b) Failing to have adequate escape routes at rooms and areas;
5. A fine ranging from 40.000.000 VND to 50.000.000 VND shall be imposed for any of the following violations:
a) Failing to maintain escape routes at houses/buildings;
b) Failing to have adequate escape routes at houses/buildings.
6. Additional penalty:
Suspension of operation for a fixed period of 03-06 months regarding the violation specified in clause 5 of this Article.
7. Remedial measures:
a) Mandatory removal of mirrors on the escape route regarding the violation specified in point a clause 1 of this Article;
b) Mandatory swinging of escape doors in the direction of egress regarding the violation specified in point b clause 1 of this Article;
c) Mandatory movement of supplies, goods, vehicles and other items and instruments regarding the violation specified in clause 2 of this Article;
d) Mandatory maintenance of escape doors on the escape route regarding the violation specified in clause 3 of this Article.
Article 25. Violations against regulations on fire separation
1. A fine ranging from 2.000.000 VND to 4.000.000 VND shall be imposed for placing supplies, goods, vehicles and other items and instruments without maintaining fire safety distance.
2. A fine ranging from 5.000.000 VND to 7.000.000 VND shall be imposed for failing to maintain previously built/installed fire separation devices, except for the violation specified in clause 5 of this Article.
3. A fine ranging from 8.000.000 VND to 10.000.000 VND shall be imposed for any of the following violations:
a) Failing to clean flammable materials along the corridor of pipelines for petroleum, gas and petroleum products;
b) Installing ducts carrying flammable gas and liquid at zones where such ducts are prohibited from installation or against regulations on fire safety.
4. A fine ranging from 20.000.000 VND to 25.000.000 VND shall be imposed for any of the following violations:
a) Failing to maintain fire safety separation distance between houses and buildings;
b) Failing to install fire separation devices, except for the violation specified in clause 5 of this Article.
5. A fine ranging from 30.000.000 VND to 40.000.000 VND shall be imposed for failing to build or maintain fire-rated walls, partitions or floors.
6. A fine ranging from 40.000.000 VND to 50.000.000 VND shall be imposed for constructing houses/buildings without maintaining fire safety separation distance.
7. A fine which is twice as much as that imposed for the violations prescribed in clauses 2, 3 and 4 of this Article shall be imposed if a fire occurs but not to a degree that is subject to criminal prosecution.
8. Additional penalty:
Suspension of operation for a fixed period of 06-12 months regarding the violation specified in clause 6 of this Article.
9. Remedial measures:
a) Mandatory movement of supplies, goods, vehicles and other items and instruments for maintenance of fire safety separation distance regarding the violation specified in clause 1 of this Article;
b) Mandatory maintenance of fire separation devices regarding the violation specified in clause 2 of this Article;
c) Mandatory maintenance of fire safety separation distance regarding the violation specified in point a clause 4 of this Article;
d) Mandatory installation or maintenance of fire-rated walls, partitions or floors regarding the violation specified in clause 5 of this Article.
Article 26. Violations against regulations on development, approval and drill of firefighting and rescue measures
1. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for any of the following violations:
a) Developing establishments’ or vehicle owners’ measures for firefighting and rescue against regulations;
b) Failing to update, additionally provide or revise establishments’ or vehicle owners’ measures for firefighting and rescue;
c) Failing to approve or approving establishments’ or vehicle owners’ measures for firefighting and rescue ultra vires.
2. A fine ranging from 5.000.000 VND to 10.000.000 VND shall be imposed for any of the following violations:
a) Failing to engage in drill of establishments’ or vehicle owners’ measures for firefighting and rescue for all accident scenarios;
b) Failing to assign adequate forces or supply sufficient vehicles within the scope of management to drill of police authorities’ measures for firefighting and rescue when mobilized by competent authorities.
3. A fine ranging from 10.000.000 VND to 15.000.000 VND shall be imposed for any of the following violations:
a) Failing to cooperate in development of police authorities’ measures for firefighting and rescue as requested by competent police authorities.
b) Failing to cooperate in participation in drill of police authorities’ measures for firefighting and rescue as requested by competent police authorities.
4. A fine ranging from 15.000.000 VND to 20.000.000 VND shall be imposed for failing to organize drill of establishments’ or vehicle owners’ measures for firefighting and rescue.
5. A fine ranging from 20.000.000 VND to 25.000.000 VND shall be imposed for failing to develop establishments’ or vehicle owners’ measures for firefighting and rescue.
Article 27. Violations against regulations on firefighting and rescue
1. A warning or a fine ranging from 500.000 VND to 1.000.000 VND shall be imposed for entering firefighting and rescue areas without competent persons’ permission.
2. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for any of the following violations:
a) Failing to follow orders or abide by decisions to mobilize participation in firefighting and rescue issued by competent persons;
b) Failing to organize implementation of remedial measures against fire within abilities/capacities.
3. A fine ranging from 5.000.000 VND to 10.000.000 VND shall be imposed for obstructing fire and rescue situation report.
4. A fine ranging from 10.000.000 VND to 15.000.000 VND shall be imposed for any of the following violations:
a) Occupying or obstructing operation of motorized fire and rescue instruments.
b) Deliberately reporting false fire; false rescue situations;
c) Failing to report fire or rescue situations.
5. A fine ranging from 15.000.000 VND to 25.000.000 VND shall be imposed for any of the following violations:
a) Obstructing firefighting and rescue forces and vehicles from firefighting and rescue;
b) Abusing firefighting and rescue operations to infringe interests of the State, legitimate rights and benefits of authorities, organizations, and individuals.
6. A fine ranging from 30.000.000 VND to 40.000.000 VND shall be imposed for failing to maintain traffic roads for firefighting and rescue vehicles.
7. Remedial measure:
Mandatory maintenance of traffic roads for firefighting and rescue vehicles regarding the violation specified in clause 6 of this Article.
Article 28. Violations against regulations on database of fire prevention and firefighting and rescue and fire alarm
1. A warning or a fine ranging from 500.000 VND to 1.000.000 VND shall be imposed for any of the following violations:
a) Declaring insufficient information on establishments to the database of fire prevention and firefighting and rescue and fire alarm in accordance with regulations.
b) Declaring insufficient information on fire and rescue instruments and fire-rated/fireproof materials and structural elements to the AHJ’s database upon sale of such instruments, materials and structural elements according to regulations.
2. A fine ranging from 1.000.000 VND to 3.000.000 VND shall be imposed for any of the following violations:
a) Failing to update information when there is any change to the previously declared information to the database of fire prevention and firefighting and rescue and fire alarm;
b) Failing to pay fees for maintenance of fire alarm transmission devices connected to the database of fire prevention and firefighting and rescue and fire alarm.
3. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for failing to declare information on fire and rescue instruments and fire-rated/fireproof materials and structural elements to the AHJ’s database upon sale of such instruments, materials and structural elements according to regulations.
4. A fine ranging from 5.000.000 VND to 10.000.000 VND shall be imposed for failing to declare information on establishments to the database of fire prevention and firefighting and rescue and fire alarm.
5. A fine ranging from 10.000.000 VND to 15.000.000 VND shall be imposed for deliberately disconnecting or failing to deal with incidents that result in disconnection of fire alarm transmission devices from/to the database of fire prevention and firefighting and rescue and fire alarm.
6. A fine ranging from 20.000.000 VND to 30.000.000 VND shall be imposed for any of the following violations:
a) Failing to install fire alarm transmission devices;
b) Failing to connect fire alarm transmission devices to the database of fire prevention and firefighting and rescue and fire alarm in accordance with regulations.
Chapter III
POWER TO ISSUE VIOLATION RECORDS, IMPOSE ADMINISTRATIVE PENALTIES
Article 29. Power to issue administrative violation records
The persons below have the power to issue records of administrative violations specified in this Decree, including:
1. Persons having the power to impose administrative penalties specified in Articles 30, 31, 32, 33, 34, 35 and 36 of this Decree.
2. On-duty public employees working for People's Committees at all levels, construction authorities and registration and inspection authorities.
Article 30. Power to impose administrative penalties of Chairpersons of People's Committees at all levels
1. Chairperson of the People’s Committee of commune shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 5.000.000;
c) Confiscate any exhibit or mean used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause;
d) Impose remedial measures specified in point a clause 1 Article 28 of the Law on Handling of Administrative Violations.
2. Chairperson of the People’s Committees of province shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 50.000.000;
c) Suspend the license that is a written appraisal for fire prevention and firefighting design or written approval of fire prevention and firefighting commissioning results;
d) Confiscate any exhibit or mean used for commission of administrative violation;
dd) Suspend operation for a fixed period;
e) Impose remedial measures specified in clause 3 Article 3 of this Decree.
Article 31. Power to impose administrative penalties of People's Public Security Force
1. An on-duty people’s police officer shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 500.000.
2. Head of company-level Mobile Police Unit, head of police station and leader of the officers mentioned in clause 1 of this Article shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 1.500.000.
3. Chief of commune-level police station, chief of police station at border checkpoint or export-processing zone, head of police authority of international airport, battalion chief of mobile police battalion or captain of squadron shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 2.500.000;
c) Confiscate any exhibit or mean used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause;
d) Impose remedial measures specified in point a clause 1 Article 28 of the Law on Handling of Administrative Violations.
4. Heads of Specialized Divisions of Police Department for Administrative Management of Social Order; Heads of Specialized Divisions of Traffic Police Department; Heads of Specialized Divisions of Police Department of Fire Prevention, Fighting and Rescue; Heads of provincial Police Departments, including Heads of Police Departments for Administrative Management of Social Order; Heads of Traffic Police Departments; Heads of Police Departments of Fire Prevention, Fighting and Rescue; Heads of Mobility Police Divisions shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 10.000.000;
c) Suspend the license that is a written appraisal for fire prevention and firefighting design or written approval of fire prevention and firefighting commissioning results.
c) Confiscate any exhibit or mean used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause;
dd) Suspend operation for a fixed period;
e) Impose remedial measures specified in clause 3 Article 3 of this Decree.
5. Director of provincial police authority shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 25.000.000;
c) Suspend the license that is a written appraisal for fire prevention and firefighting design or written approval of fire prevention and firefighting commissioning results.
d) Confiscate any exhibit or mean used for commission of administrative violation;
dd) Suspend operation for a fixed period;
e) Impose remedial measures specified in clause 3 Article 3 of this Decree.
6. Director of Police Department of Administrative Management of Social Order, Director of Traffic Police Department, Director of Police Department of Fire Prevention and Fighting and Rescue shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 50.000.000;
c) Suspend the license that is a written appraisal for fire prevention and firefighting design or written approval of fire prevention and firefighting commissioning results.
d) Confiscate any exhibit or mean used for commission of administrative violation;
dd) Suspend operation for a fixed period;
e) Impose remedial measures specified in clause 3 Article 3 of this Decree.
Article 32. Power to impose administrative penalties of Border Guard
1. An on-duty Border Guard officer shall have the power to
a) Issue warnings;
b) Impose a maximum fine of VND 500.000.
2. Head of Border Guard station and leader of the officers mentioned in clause 1 of this Article shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 2.500.000.
3. Team leader of Crime and Drug Prevention and Control Task Force affiliated to Crime and Drug Prevention and Control Brigade shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 5.000.000;
c) Confiscate any exhibit or mean used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause;
d) Impose remedial measures specified in clause 3 Article 3 of this Decree.
4. Head of Border Guard Post, Commander of Border-Guard Flotilla and Commander of Port Border Guard shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 10.000.000;
c) Confiscate any exhibit or mean used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause;
d) Impose remedial measures specified in clause 3 Article 3 of this Decree.
5. Commander of Crime and Drug Prevention and Control Brigade affiliated to Crime and Drug Prevention and Control Department of Border Guard High Command shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 25.000.000;
c) Confiscate any exhibit or mean used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause;
d) Impose remedial measures specified in clause 3 Article 3 of this Decree.
6. Chief Commander of the provincial-level Border Guard; Captain of Naval Border Guard Squadron, and Director of the Department of Drug and Crime Prevention and Control affiliated to Border Guard High Command shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 50.000.000;
c) Suspend the license that is a written appraisal for fire prevention and firefighting design or written approval of fire prevention and firefighting commissioning results.
d) Confiscate any exhibit or mean used for commission of administrative violation;
dd) Suspend operation for a fixed period;
e) Impose remedial measures specified in clause 3 Article 3 of this Decree.
Article 33. Power to impose administrative penalties of Forest Protection Force
1. An on-duty forest ranger shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 500.000.
2. Head of Forestry and Forest Protection Station shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 10.000.000;
c) Confiscate any exhibit or mean used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause.
3. Head of Forestry and Forest Protection Office, Head of mobile forest ranger and forest fire team shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 25.000.000;
c) Confiscate any exhibit or mean used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause;
d) Impose remedial measures specified in clause 3 Article 3 of this Decree.
4. Director of provincial-level Forestry and Forest Protection Sub-department, Director of Regional Forestry and Forest Protection Sub-Department, Leader of Task Force Team for Forest Protection affiliated to the Forestry and Forest Protection Department shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 50.000.000;
c) Confiscate any exhibit or mean used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause;
d) Impose remedial measures specified in clause 3 Article 3 of this Decree.
5. Director of Forestry and Forest Protection Department shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 50.000.000;
c) Confiscate any exhibit or mean used for commission of administrative violation;
d) Impose remedial measures specified in clause 3 Article 3 of this Decree.
Article 34. Power to impose administrative penalties of Fisheries Surveillance force
1. An on-duty Fisheries Surveillance officer shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 2.000.000;
c) Confiscate any exhibit or mean used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause.
2. Head of Fisheries Surveillance Station affiliated to Regional Fisheries and Fisheries Surveillance Sub-department shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 10.000.000;
c) Confiscate any exhibit or mean used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause;
d) Impose remedial measures specified in point a clause 3 Article 3 of this Decree.
3. Director of Regional Fisheries and Fisheries Surveillance Sub-department shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 50.000.000;
c) Confiscate any exhibit or mean used for commission of administrative violation;
d) Impose remedial measures specified in clause 3 Article 3 of this Decree.
4. Director of Fisheries and Fisheries Surveillance Department shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 50.000.000;
c) Suspend operation for a fixed period;
d) Confiscate any exhibit or mean used for commission of administrative violation;
dd) Impose remedial measures specified in clause 3 Article 3 of this Decree.
Article 35. Power to impose administrative penalties of Coast Guard force
1. An on-duty Coast Guard officer shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 1.000.000.
2. Coastguard Team Leader shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 2.500.000.
3. Coastguard squad leader and captain of coastguard station shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 5.000.000;
c) Impose remedial measures specified in point a clause 3 Article 3 of this Decree.
4. Commander of Coastguard Platoon shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 10.000.000;
c) Confiscate any exhibit or mean used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause;
d) Impose remedial measures specified in clause 3 Article 3 of this Decree.
5. Captain of Naval Border Guard Squadron; Head of Reconnaissance Commission; Head of Task Force Commission for Drug Crime Prevention and Control under the control of the Command of Coast Guard of Vietnam shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 15.000.000;
c) Confiscate any exhibit or mean used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause;
d) Impose remedial measures specified in clause 3 Article 3 of this Decree.
6. Regional Command of Coast Guard and Director of the Department of Operations and Legislation under the control of the Command of Coast Guard of Vietnam shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 25.000.000;
c) Confiscate any exhibit or mean used for commission of administrative violation;
d) Impose remedial measures specified in clause 3 Article 3 of this Decree.
7. Commander of Vietnam Coast Guard shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 50.000.000;
c) Confiscate any exhibit or mean used for commission of administrative violation;
d) Impose remedial measures specified in clause 3 Article 3 of this Decree.
Article 36. Power to impose administrative penalties of Inspecting Authority
1. On-duty inspector, person who is assigned to conduct inspection shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 500.000;
c) Confiscate any exhibit or mean used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause;
d) Impose remedial measures specified in point a clause 1 Article 28 of the Law on Handling of Administrative Violations.
2. Chief Inspector of Police Department of Fire Prevention, Fighting and Rescue; Chief Inspector of Police Authority of province or central-affiliated city shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 10.000.000;
c) Confiscate any exhibit or mean used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause;
d) Suspend operation for a fixed period;
dd) Impose remedial measures specified in clause 3 Article 3 of this Decree.
3. Provincial Chief Inspector shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 35.000.000;
c) Suspend the license that is a written appraisal for fire prevention and firefighting design or written approval of fire prevention and firefighting commissioning results;
d) Confiscate any exhibit or mean used for commission of administrative violation;
dd) Suspend operation for a fixed period;
e) Impose remedial measures specified in clause 3 Article 3 of this Decree.
4. Ministerial Chief Inspector shall have the power to:
a) Issue warnings;
b) Impose a maximum fine of VND 50.000.000;
c) Suspend the license that is a written appraisal for fire prevention and firefighting design or written approval of fire prevention and firefighting commissioning results;
d) Confiscate any exhibit or mean used for commission of administrative violation;
dd) Suspend operation for a fixed period;
e) Impose remedial measures specified in clause 3 Article 3 of this Decree.
Article 37. Delegation of power to impose penalties
1. Chairpersons of People's Committees at all levels have the power to impose penalties for and remedial measures against administrative violations specified in Article 6 through Article 28 of this Decree under the power prescribed in Article 30 of this Decree and within their assigned functions, tasks and power.
2. Persons having the power to impose penalties of People's Public Security have the power to impose penalties for and remedial measures against administrative violations specified in Article 6 through Article 28 of this Decree under their power prescribed in Article 31 of this Decree and within their assigned functions, tasks and power.
3. Persons having the power to impose penalties of Border Guard force have the power to impose penalties for and remedial measures against administrative violations specified in Articles 7, 14, 15, 16, 21, points a, c clause 1, points a, c clause 2 Article 20 of this Decree under their power prescribed in Article 32 of this Decree, under their management and within their assigned functions, tasks and power.
4. Persons having the power to impose penalties of Forest Protection force have the power to impose penalties for and remedial measures against administrative violations specified in Articles 6, 7, 10, 11, 20, 21, 22, 25 and 27 of this Decree under their power prescribed in Article 33 of this Decree and within their assigned functions, tasks and power.
5. Persons having the power to impose penalties of Fisheries Surveillance force have the power to impose penalties for and remedial measures against administrative violations specified in Articles 11, 16, 20, 21 and 22 of this Decree under their power prescribed in Article 34 of this Decree and within their assigned functions, tasks and power.
6. Persons having the power to impose penalties of Coast Guard force have the power to impose penalties for and remedial measures against administrative violations specified in Article 16 of this Decree under their power prescribed in Article 35 of this Decree and within their assigned functions, tasks and power.
7. Persons having the power to impose penalties of Inspecting Authorities have the power to impose penalties for administrative violations specified in Article 6 through Article 28 of this Decree under their power prescribed in Article 36 of this Decree and within their assigned functions, tasks and power.
8. When imposing penalties for administrative violations against regulations on fire prevention, firefighting and rescue, authorities shall cooperate in accordance with regulations in Article 52 of the Law on Handling of Administrative Violations.
Chapter IV
IMPLEMENTATION CLAUSES
Article 38. Amendments to some articles of the Government's Decree No. 119/2017/ND-CP dated November 01, 2017 on penalties for administrative violations against regulations on standards, measurement and quality of goods (amended by the Government's Decree No. 126/2021/ND-CP dated December 30, 2021 on amendments to certain articles of Decrees on administrative penalties for violations against regulations on industrial property; standards, measurement and quality of goods; science and technology activities, technology transfers; atomic energy)
1. Clause 4 Article 36 shall be amended as follows:
“4. Heads of Specialized Divisions of Traffic Police Department; Heads of Specialized Divisions of Police Department of Fire Prevention, Fighting and Rescue; Heads of provincial Police Departments, including Heads of Police Departments for Administrative Management of Social Order, Heads of Police Departments for Investigation into Social Order-related Crimes, Heads of Police Departments for Investigation into Corruption, Economy, Smuggling and Environment-related Crimes, Heads of Police Departments for Investigation into Drug-related Crimes, Heads of Traffic Police Departments, Heads of Police Departments of Fire Prevention, Fighting and Rescue; Heads of Internal Political Security Departments, Heads of Economic Security Departments shall have the power to:”.
2. Clause 6 Article 36 shall be amended as follows:
“6. Director of Internal Political Security Department, Director of Economic Security Department, Director of Police Department for Administrative Management of Social Order, Director of Police Department for Investigation into Social Order-related Crimes, Director of Police Department for Investigation into Corruption, Economy and Smuggling-related Crimes, Director of Police Department for Investigation into Drug-related Crimes, Director of Police Traffic Department, Director of Police Department of Fire Prevention, Fighting and Rescue, Director of Environment Police Department, Director of Department of Cybersecurity and Hi-tech Crime Prevention and Control, Director of Immigration Department shall have the power to:”’.
Article 39. Effect
1. This Decree takes effect from July 01, 2025.
2. Section 3 Chapter II of the Government's Decree No. 144/2021/ND-CP dated December 31, 2021 on administrative penalties for violations against regulations on social safety, security, order; social evils, fire prevention and firefighting; rescue; domestic violence prevention and control shall be annulled.
Article 40. Transitional clauses
1. If a violation against regulations on fire prevention, firefighting and rescue is committed and ends before the effective date of this Decree but it is discovered before the prescriptive period expires or it is being handled after this Decree takes effect, the Government’s Decree on penalties for administrative violations that takes effect at the time of commission of the violation shall apply.
If a violation against regulations on fire prevention, firefighting and rescue is committed before the effective date of this Decree and still going on after this Decree takes effect, regulations in this Decree shall apply.
2. Regarding decisions on penalties for administrative violations issued or completely executed before the effective date of this Decree, if the entities incurring administrative penalties still lodge complaints, regulations on penalties for administrative violations shall apply at the time of issuance of such decisions.
Article 41. Implementation responsibility
Ministers, Heads of ministerial authorities, Heads of Governmental authorities, Chairpersons of People's Committees of provinces and central-affiliated cities shall be responsible for implementing this Decree.
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