Ordinance No. 02/2022/UBTVQH15 dated August 18, 2022 on imposition of administrative penalties on the obstruction of justice
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STANDING
COMMITTEE OF THE NATIONAL ASSEMBLY |
SOCIALIST
REPUBLIC OF VIETNAM |
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Ordinance No. 02/2022/UBTVQH15 |
Hanoi, August 18, 2022 |
ORDINANCE
On imposition of administrative penalties on the obstruction of justice
Pursuant to Constitution of the Socialist Republic of Vietnam;
Pursuant to the Law on Administrative Penalties No. 15/2012/QH13 amended according to the Law No. 67/2020/QH14;
The Standing Committee of National Assembly promulgates an Ordinance on imposition of administrative penalties on the obstruction of justice.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Ordinance provides for the obstruction of justice, penalties and fines, remedial measures, measures for prevention and guarantee of administrative penalties; jurisdiction and procedures for imposing penalties, enforcing decision on imposing penalties, and implementing coercive enforcement of decision on imposing administrative penalties for obstruction of justice.
Article 2. Definitions
For the purposes of this Ordinance, the terms below shall be construed as follows:
1. “Obstruction of justice carrying administrative penalties" means a violation which is committed by an individual or organization and causes obstruction of handling a violation case of a competent authority or person according to regulations of the Criminal Code, Civil Code and Law on Administrative Procedures but not constitute a crime; on which administrative penalties must be imposed according to regulations of this Ordinance.
If individuals and organizations commit violations that cause obstruction of handling cases of competent authorities or people according to regulations of the Ordinance on Procedures for consideration and decision on applying administrative measures in the People’s Court and Ordinance on Procedures for consideration and decision on sending addicts aged from full 12 to under 18 into compulsory narcotic rehabilitation centers but these violations do not constitute crimes, administrative penalties shall be imposed on these violations like on the obstruction of justice as prescribed herein.
2. "sessions” include sessions of handling civil affairs; sessions of inspecting the transfer, access, publication of evidence, and mediation, communication in the process of handling civil affairs, administrative cases; sessions of consideration and decision on applying administrative measures; sessions of consideration and decision on sending addicts aged from full 12 to under 18 to compulsory narcotic rehabilitation centers and other sessions in relation to legal procedures.
3. "competent authorities and persons" include proceeding agencies and persons, agencies and persons tasked with conducting some investigating activities, commune-level police offices, police stations in accordance with the Criminal Procedure Code; proceeding agencies and persons defined in the Civil Procedure Code and the Administrative Procedure Law; Court, chief justices, judges and clerks performing tasks according to the Ordinance on Procedures for consideration and decision on the application of administrative handling measures at the People's Court and the Ordinance on Procedures for the People's Court to consider and decide to send addicts aged between full 12 and under 18 to compulsory narcotic rehabilitation centers
4. “lawyer” mentioned in Chapter II herein” is a participant in proceedings as:
a) The defense counsel of the person taken into emergency custody, the person arrested, the person taken into custody, the prosecuted, the defendant or the defender of the legitimate rights and interests of the accused or the person against whom prosecution is proposed, victims, civil plaintiffs, civil defendants, person with related rights and obligations in a criminal case;
b) Representative or defender of the legitimate rights and interests of the litigant in a civil case or administrative case;
c) Defender of the legitimate rights and interests of the petitioned person in consideration and decision on application of administrative handling measures in the People’s Court, sending drug addicts from 12 to under 18 years old to compulsory narcotic rehabilitation centers.
Article 3. Application of regulations of laws on imposition of administrative penalties on the obstruction of justice
The administrative penalties for the obstruction of justice shall comply with regulations of the Law on Handling of Administrative Violations, this Ordinance and other relevant regulations of laws.
Article 4. Entities on whom administrative penalties for the obstruction of justice are imposed
1. Individuals prescribed in point a and point c clause 1 Article 5 of the Law on Handling of Administrative Violations commit violations specified in Chapter II of this Ordinance.
In case officials, public employees, persons of the People's Army, the People's Public Security, persons doing cipher works commit the obstruction of justice while performing their official duties or tasks and such violations are within their official duties or tasks, they shall not be penalized according to the provisions of laws on handling of administrative violations but shall be handled according to the provisions of laws on officials and public employees and other relevant laws, except for the case specified in Article 495 of the Code of Civil Procedure, Article 324 and Clause 1, Article 325 of the Law on Administrative Procedure.
In case jurors commit the obstruction of justice while performing their duties, they shall not be penalized according to the provisions of laws on handling of administrative violations but shall be handled according to the provisions of the Law on Organization of the People's Court and other relevant laws.
2. Organizations prescribed in point b and point c clause 1 Article 5 of the Law on Handling of Administrative Violations commit violations specified in Chapter II of this Ordinance.
Article 5. Penalties and principles of imposition
1. Administrative penalties for the obstruction of justice include:
a) Warnings;
b) Fines.
2. Additional penalties for the obstruction of justice are the confiscation of material evidence of and means used for committing administrative violations (hereinafter referred to as "confiscation of exhibits and means for committing administrative violations).
3. The imposition of administrative penalties for the obstruction of justice shall comply with regulations in clause 3 Article 21 of the Law on Handling of Administrative Violations.
Article 6. Fines and jurisdiction to impose fines
1. The maximum fine for each obstruction of justice for each individual is up to VND 40.000.000. The maximum fine for each obstruction of justice for each organization is up to VND 80.000.000.
2. The fine prescribed in Chapter II hereof is imposed on the obstruction of justice of each individual. A fine for each organization is twice as much as that for each individual.
3. Jurisdiction to impose fines of persons prescribed in Articles from 25 to 32 hereof shall be applied to obstructions of justice of individuals; jurisdiction to impose fines on organizations shall be twice as much as that on individuals.
Article 7. Remedial measures and rules for application
1. Remedial measures in administrative penalties applied to obstructions of justice include:
a) obligation to restore the original state;
b) obligation to restitute the illegal benefits acquired through obstructions of justice;
c) obligation to publish apologies;
d) obligation to retrieve information, documents, data and items containing investigation secrets;
d) obligation to remove information, documents and data containing investigation secrets;
e) obligation to retrieve false information;
g) obligation to remove false information;
h) obligation to retrieve documentation and images.
2. Rules for application of remedial measures are stipulated in clause 2 Article 28 of the Law on Handling of Administrative Violations.
Article 8. Measures for prevention and assurance of imposition of administrative on obstructions of justice and rules for application
1. In order to promptly prevent administrative violations or assure imposition of administrative penalties on obstructions of justice, measures prescribed in clauses 1, 2 3, 4, 5 and 6 Article 119 of the Law on Handling of Administrative Violations may be applied, including:
a) temporary detention of persons;
b) escort of violators;
c) temporary confiscation of exhibits and vehicles used for committing administrative violations, licenses and practicing certificates;
d) strip search;
dd) examination of transport vehicles and items;
e) search of places where exhibits and vehicles used for committing administrative violations are concealed;
2. Rules for imposition of measures for prevention and assurance of imposition of administrative penalties on obstructions of justice are stipulated in Article 120 of the Law on Handling of Administrative Violations.
Chapter II
OBSTRUCTIONS OF JUSTICE, PENALTIES AND REMEDIAL MEASURES THEREFOR
Section 1. OBSTRUCTIONS OF CRIMINAL JUSTICE, PENALTIES AND REMEDIAL MEASURES THEREFOR
Article 9. False denunciations and notices of crimes
1. A fine ranging from VND 1.000.000 to 5.000.000 shall be imposed on deliberately false denunciations and notices of crimes.
2. A fine ranging from VND 5.000.000 to VND 15.000.000 shall be imposed on one of the following violations, except for cases prescribed in clause 3 of this Article:
a) Deliberately false denunciations and notices of crimes falling into disrepute of competent agencies and persons;
b) Enticement, instigation, deception, bribery, threat or coercion which makes people falsely denounce or inform crimes.
3. A fine ranging from VND 15.000.000 to VND 30.000.000 shall be imposed on lawyers committing violations prescribed in clause 2 of this Article.
4. Additional penalties:
Confiscation of exhibits and vehicles used for committing administrative violations prescribed in clauses 1, 2 and 3 of this Article.
Article 10. Revelation of secrets of investigation
1. A fine ranging from VND 4.000.000 to VND 8.000.000 shall be imposed on participants in the proceedings who reveal secrets of investigation though they are requested to keep them secret by investigators, investigating officers, procurators or inspectors, except for cases prescribed in point b clause 2 of this Article.
2. A fine ranging from VND 8.000.000 to VND 15.000.000 shall be imposed on:
a) Participants in the proceedings who reveal secrets of investigation leading to delay and prolongation of investigation period though they are requested to keep them secret by investigators, investigating officers, procurators or inspectors, except for cases prescribed in clause 3 of this Article;
b) Lawyers committing violations prescribed in clause 1 of this Article.
3. A fine ranging from VND 15.000.000 to VND 30.000.000 shall be imposed on lawyers committing violations prescribed in point a clause 2 of this Article.
4. Remedial measures:
a) Mandatory withdrawal of information, documents, data and items containing secrets of investigation, in respect of violations prescribed clauses 1, 2 and 3 of this Article;
b) Mandatory removal of information, documents and data containing secrets of investigation, in respect of violations prescribed clauses 1, 2 and 3 of this Article;
c) Mandatory surrender of the illegal benefits acquired through the violations prescribed in clauses 2 and 3 of this Article.
Article 11. Violations against regulations on appearing to serve summonses
A warning or a fine ranging from VND 100.000 to VND 1.000.000 shall be imposed on participants in the proceedings who have been summoned but absented for no event of force majeure or objective obstacles and their absence obstructs the proceedings.
Article 12. Obstructions of representatives of agencies, organizations or individuals in participation in proceedings
1. A fine ranging from VND 1.000.000 to VND 5.000.000 shall be imposed on participants in proceedings who carry out acts of deception, threat, bribery or coercion in order to obstruct representatives of agencies, organizations or individuals in participation in proceedings.
2. Additional penalties:
Confiscation of exhibits and vehicles used for committing administrative violations, in respect of violations prescribed in Clause 1 of this Article.
Article 13. Obstructions of verification and collection of evidences
1. A warning or a fine ranging from VND 100.000 to VND 1.000.000 shall be imposed on:
a) Participants in proceedings who make false statements or provide false documents, except for the accused;
b) Participants in proceedings who refuse to make statements or perform their duty of providing documents and items, except for the accused.
2. A fine ranging from VND 1.000.000 to VND 7.000.000 shall be imposed on participants in the proceedings who falsify or destroy evidences, leading to obstructions of settlement of cases.
3. A fine ranging from VND 7.000.000 to VND 15.000.000 shall be imposed on:
a) Participants in proceedings who carry out acts of deception, threat, bribery or coercion in order to obstruct victims in participation in proceedings or oblige victims to make false statements, except for cases prescribed in clause 5 of this Article;
b) Participants in proceedings who carry out acts of deception, threat, bribery or coercion in order to obstruct witnesses or oblige others to bear false witness, except for cases prescribed in clause 5 of this Article;
c) Property appraisers or valuators who refuse to conclude property assessments or valuations not due to events of force majeure or objective obstacles.
4. A fine ranging from VND 15.000.000 to VND 30.000.000 shall be imposed on:
a) Participants in proceedings who carry out acts of deception, threat, bribery or coercion in order to obstruct interpreters or translators in performance of their duties or oblige interpreters or translators to deliberately produce an incorrect translation;
b) Participants in proceedings who carry out acts of deception, threat, bribery or coercion in order to obstruct property appraisers or valuators in performance of their duties or oblige them to make unsound conclusions, depending on objective facts;
c) Property appraisers or valuators who make unsound conclusions.
5. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed on lawyers who carry out acts of deception, threat, bribery or coercion in order to oblige victims to make false statements or oblige others to bear false witness.
6. Additional penalties:
Confiscation of exhibits and vehicles used for committing administrative violations, in respect of violations prescribed in clause 2, points a and b clause 3, points a and b clause 4 and clause 5 of this Article.
Article 14. Obstructions of issuance, transfer, receipt or notification of procedural documents or failures to issue, transfer, send, post up or notify them
A fine ranging from VND 100.000 to VND 1.000.000 shall be imposed on:
1. Persons who are assigned to issue, transfer, send, post up or notify procedural documents but do not perform or incompletely perform according to the Code of Criminal Procedure;
2. Participants in proceedings who obstruct issuance, transfer, receipt or notification of procedural documents of competent authorities involved in proceedings.
Article 15. Insulting or causing injuries to competent persons involved in proceedings
1. A fine ranging from VND 3.000.000 to VND 7.000.000 shall be imposed on participants in proceedings who insult honor, human dignity and reputation of competent persons involved in proceedings, except for cases prescribed in clause 3 of this Article.
2. A fine ranging from VND 7.000.000 to VND 15.000.000 shall be imposed on participants in proceedings who commit acts of threat, force or other acts causing bodily injury to competent persons involved in proceedings, except for cases prescribed in clause 4 of this Article.
3. A fine ranging from VND 15.000.000 to VND 30.000.000 shall be imposed on lawyers committing violations prescribed in clause 1 of this Article.
In case a lawyer commits a violation that leads to fixed-term suspension of lawyer practising certificate or lawyer practising license in Vietnam according to regulations of the Law on Handling of Administrative Violations, a penalty shall be applied according to regulations of laws on administrative penalties or violations against regulations on legal aid.
4. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed on lawyers committing violations prescribed in clause 2 of this Article.
5. Additional penalties:
Confiscation of exhibits and vehicles used for committing administrative violations prescribed in clauses 1, 2, 3 and 4 of this Article.
Section 2. Obstructions of criminal justice, administrative justice, consideration and decision of applying administrative measures in the people's Court, sending narcotic addicts aged from full 12 to under 18 to compulsory narcotic rehabilitation centers; penalties and remedial measures therefor
Article 16. Intentional failure to serve summonses of the Court
A warning or a fine ranging from VND 100.000 to VND 1.000.000 shall be imposed on witnesses, interpreters and appraisers who are duly summoned by the Court but intentionally fail to come to the Court or absent in trials or meetings without convincing reasons, leading to obstructions of justice of the Court.
Article 17. Obstructions of representatives of agencies, organizations or individuals in participation in proceedings at the request of the Court
1. A fine ranging from VND 1.000.000 to VND 5.000.000 shall be imposed on acts of threat, assault or abuse of dependence of agencies, organizations or individuals to obstruct them in participation in proceedings at the request of the Court.
2. Additional penalties:
Confiscation of exhibits and vehicles used for committing administrative violations, in respect of violations prescribed in Clause 1 of this Article.
Article 18. Obstructions of verification and collection of evidences of competent authorities and persons
1. A warning or a fine ranging from VND 100.000 to VND 1.000.000 shall be imposed on:
a) Failure to comply with the requests of the Court and Procuracies for provision of documents and evidences managed and stored by them;
b) Witnesses who make false statements or provide false documents;
c) Witnesses who refuse to make statements, except for cases prescribed in clause 3 Article 78 of the Code on Civil Procedure and point c clause 2 Article 62 of the Law on Administrative Procedure.
2. A fine ranging from VND 1.000.000 to VND 7.000.000 shall be imposed on:
a) Falsification or destruction of important evidences causing obstructions of settling cases of the Court;
b) Failure to appoint participants in the valuation council at the request of the Court without convincing reasons;
c) Appraisers who refuse to provide documents without convincing reasons.
3. A fine ranging from VND 7.000.000 to VND 15.000.000 shall be imposed on:
a) Acts of deception, threat, bribery or coercion in order to obstruct witnesses or oblige others to bear false witness, except for cases prescribed in clause 5 of this Article;
b) Acts of threat, force, acts causing disorder or other acts causing obstructions of competent persons in on-site consideration and appraisal, decision on valuation, decision to solicit expertise or apply other measures for verification and collection of evidences according to regulations of laws;
c) Appraisers who refuse to conclude their appraisals without convincing reasons;
d) Failure to participate in performing duties of the valuation counsels without convincing reasons.
4. A fine ranging from VND 15.000.000 to VND 30.000.000 shall be imposed on:
a) Acts of deception, threat, bribery or coercion in order to obstruct interpreters in performance of their duties or oblige interpreters to translate fraudulently, objectively and incorrectly;
b) Acts of deception, threat, bribery or coercion in order to obstruct appraisers in performance of their duties or oblige them to make unsound conclusions, depending on objective facts;
c) Appraisers who make unsound conclusions;
d) Translators who intentionally make incorrect translations.
5. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed on lawyers committing violations prescribed in point a clause 3 of this Article.
6. Additional penalties:
Confiscation of exhibits and vehicles used for committing administrative violations, in respect of violations prescribed in point a clause 2, points a and b clause 3, points a and b clause 4 and clause 5 of this Article.
Article 19. Obstructions of issuance, transfer, receipt or notification of procedural documents of the Court
1. A warning or a fine ranging from VND 100.000 to VND 1.000.000 shall be imposed on:
a) Failure to issue, transfer or notify procedural documents of the Court at the request of the Court without convincing reasons;
b) Obstruction of issuance, transfer, receipt or notification of procedural documents of the Court.
2. A fine ranging from VND 1.000.000 to VND 7.000.000 shall be imposed on:
a) Destruction of procedural documents of the Court that are assigned to issue, serve or notify at the request of the Court;
b) Falsify results of serving or notifying procedural documents of the Court that are assigned to perform.
3. Additional penalties:
Confiscation of exhibits and vehicles used for committing administrative violations, in respect of violations prescribed in Clause 2 of this Article.
4. Bailiffs who serve documents at the request of the Court in contravention of regulations shall be penalized according to regulations of laws on handling of administrative violations in the field of legal aid.
Article 20. Interventions in settlement of cases
1. A fine ranging from VND 10.000.000 to 20.000.000 shall be imposed on individuals who commit acts affecting under any form Judges and members of trial panels by their authorities in order to settle cases in a subjective and illegal manner.
2. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed on individuals who make corrupt use of their dependent relationships to commit violations prescribed in clause 1 of this Article.
3. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed on individuals who make corrupt use of their positions to commit violations prescribed in clause 1 of this Article.
Article 21. Offences against solemnity and prestige of the Court; offences against honor, dignity, reputation, health of competent persons or others performing their duties at the request of the Court
1. A fine ranging from VND 3.000.000 to VND 7.000.000 shall be imposed on any of the following violations, except for cases prescribed in clause 3 of this Article:
a) Offences against solemnity and prestige of the Court;
b) Offences against honor, dignity, reputation of competent persons or others performing their duties at the request of the Court.
2. A fine ranging from VND 7.000.000 to VND 15.000.000 shall be imposed on acts of threat, force or acts causing harm to health of competent persons or others performing their duties at the request of the Court, except for the cases prescribed in clause 4 of this Article.
3. A fine ranging from VND 15.000.000 to VND 30.000.000 shall be imposed on lawyers committing violations prescribed in clause 1 of this Article.
In case a lawyer commits a violation at the level of which fixed-term suspension of lawyer practising certificate or lawyer practising license in Vietnam is required according to regulations of the Law on Handling of Administrative Violations, a penalty shall be applied according to regulations of laws on administrative penalties in the field of legal aid.
4. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed on lawyers committing violations prescribed in clause 2 of this Article.
5. Additional penalties:
Confiscation of exhibits and vehicles used for committing administrative violations prescribed in clauses 1, 2, 3 and 4 of this Article.
Article 22. False information
1. A fine ranging from VND 1.000.000 to VND 7.000.000 shall be imposed on those who provide false information for the purpose of obstruction of justice of the Court, except for cases prescribed in clause 3 of this Article.
2. A fine ranging from VND 7.000.000 to VND 15.000.000 shall be imposed on those who provide false information causing delay or prolongation of period of conducting court proceedings, except for cases prescribed in clause 4 of this Article.
3. A fine ranging from VND 15.000.000 to VND 30.000.000 shall be imposed on lawyers committing violations prescribed in clause 1 of this Article.
4. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed on lawyers committing violations prescribed in clause 2 of this Article.
5. Additional penalties:
Confiscation of exhibits and vehicles used for committing administrative violations prescribed in clauses 1, 2, 3 and 4 of this Article.
6. Remedial measures:
a) Mandatory offer of public apologies for violations prescribed clauses 2, 3 and 4 of this Article;
b) Mandatory withdrawal of false information with respect to violations prescribed clauses 2, 3 and 4 of this Article;
c) Mandatory removal of false information with respect to violations prescribed clauses 2, 3 and 4 of this Article;
d) Mandatory surrender of the illegal benefits obtained from the violations prescribed in clauses 2, 3 and 4 of this Article.
7. Journalists who post or broadcast false information on the press in order to obstruct court proceedings shall be penalized in accordance with laws on administrative penalties in press activities.
Section 3. Violations against Court rules, other OBSTRUCTIONS OF JUSTICE, PENALTIES AND REMEDIAL MEASURES THEREFOR
Article 23. Violations against court rules
1. A warning or a fine ranging from VND 100.000 to VND 500.000 shall be imposed on any of the following acts:
a) Using phones, making noises or committing other acts to cause disorder at the court hearing;
b) Turning off cameras or microphones of electronic devices in the courtroom despite being reminded by the presiding judge;
c) Failure to stand up when the trial panel comes in the courtroom or when the trial panel pronounces sentence without permission of the presiding judge;
d) The defendant's failure to stand up when the procurator announces indictment or decides prosecution without permission of the presiding judge;
dd) Smoking or eating in the courtroom;
e) Wearing informal clothes, hats or colored glasses in the courtroom without any valid reason or consent of the presiding judge;
g) Defendants who are being temporarily detained making contact with other people who are not their defense counsels without the permission of the presiding judge;
h) Children aged from full 14 to under 16 have been reminded but still came in the courtroom, except for cases that the Court sent summonses to participate in the court hearing.
2. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed on any of the following acts:
a) Failure to comply with security inspection of forces in charge of protection of the court hearing;
b) Asking questions or expressing opinions without permission of the presiding judge;
c) Making disturbance in the courtroom;
d) Failure to comply with the control of the presiding judge despite being reminded;
dd) Having an irreverent attitude towards the trial panel;
e) Individuals who participate in the court hearing at the request of the Court fail to present their summonses, invitations or other related documents despite being reminded;
g) Individuals who participate in the court hearing at the request of the Court fail to sit in their correct positions in the courtroom under instructions of the Court Clerk;
h) Individuals who participate in the court hearing at the request of the Court leave the courtroom while the court hearing is taking place without valid reasons or consent of the presiding judge;
i) Failure to fulfill requirements of the Court for presenting their press cards when an individual participates in the court hearing as a journalist.
3. A fine ranging from VND 1.000.000 to VND 7.000.000 shall be imposed on:
a) Instigating or inciting others to cause disorder in the courtroom;
b) Bringing items prohibited from marketing, booklets, slogans or other documents or items into the courtroom, affecting solemnity of the court hearing, except for exhibits of the case that are used on trial, weapons or combat gears that are used for performing their duties of protection of the court hearing by competent persons;
c) Intentionally turning off lighting, sound or audio/video recording systems affecting the court hearing.
4. A fine ranging from VND 7.000.000 to VND 15.000.000 shall be imposed on:
a) Dumping or throwing waste, dirt, chemicals, bricks, soil, stones, sand or other objects into the courtroom;
b) Bringing weapons, explosives, inflammables or toxic substances into the courtroom, except for exhibits of the case in service of adjudication or weapons and combat gears carried by competent persons to protect the court hearing;
c) Recording the Trial Panel without the consent of the Presiding Judge or the participants in the proceedings without their consents in court hearing of civil cases or administrative cases; acts of not complying with the Presiding Judge's direction of recording in the court hearing of criminal cases.
5. Additional penalties:
Confiscation of exhibits and vehicles used for committing administrative violations, in respect of violations prescribed in points a and b clause 1, point c clause 2, point c and points b and c clause 4 of this Article.
6. Remedial measures:
a) Mandatory withdrawal or surrender of documentation and images, in respect of violations specified in point c clause 4 of this Article;
b) Mandatory surrender of the illegal benefits obtained from the violations specified in point c clause 4 of this Article;
c) Mandatory restoration of the original state, in respect of violations specified in point a clause 4 of this Article.
7. Regulations in clauses 1, 2, 3, 4, 5 and 6 of this Article shall be imposed on obstructions of justice at the court hearing of the Court.
Article 24. Other obstructions of justice
1. A fine ranging from VND 1.000.000 to VND 7.000.000 shall be imposed on:
a) Leaking materials or account information to log in the online adjudication system;
b) Destroying the system of transmission lines and network equipment, sound system (speaker, microphone, amplifier, sound amplifier), equipment for display of images at the central hub and participating nodes of the Court hearing, online meeting, equipment for decoding television signals, online television software, camera for recording the process of the court hearing, session, data storage equipment, object projector for the purpose of showing documents and evidences at the court hearing or session.
2. Additional penalties:
Confiscation of exhibits and vehicles used for committing administrative violations, in respect of violations prescribed in Clause 1 of this Article.
Chapter III
COMPETENCE IN AND PROCEDURES FOR IMPOSING PENALTIES, IMPLEMENTING DECISIONS ON IMPOSING PENALTIES AND COERCE TO IMPLEMENT DECISIONS ON IMPOSING ADMINISTRATIVE PENALTIES
Article 25. The competence in imposing penalties of the People’s Court
1. Since being assigned, the Presiding Judge holds the power to:
a) Impose warning;
b) Impose the fine of up to 1.000.000 dong;
c) Confiscate any exhibit or equipment involved in commission of administrative violations if its value is not 02 times as high as the penalty amount specified in point b of this clause;.
2. Chief Justice of the District-level People’s Court, Chief Judge of the Specialized Court of the Provincial People’s Court and Chief Justice of the Regional Military Courts have the powers to:
a) Impose warning;
b) Impose the fine of up to 7.500.000 dong;
c) Confiscate any exhibit or equipment involved in commission of administrative violations if its value is not 02 times as high as the penalty amount specified in point b of this clause.
3. Chief Justice of the District-level People’s Court, Chief Justice of the High People's Court has the right to:
a) Issue warnings;
b) Impose a fine of up to 40.000.000 VND;
c) Confiscate exhibits and instrumentalities used for committing administrative violations;
d) Adopt remedial measures specified in Points a, b, c, e, g and h Clause 1 Article 7 of this Ordinance.
4. Chief Justices of military courts of military zones and the equivalent shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to 40.000.000 VND;
c) Confiscate exhibits and instrumentalities used for committing administrative violations;
d) Apply remedial measures specified in Clause 1 Article 7 hereof.
Article 26. Power to impose penalties of the People’s Public Security
1. Leaders of soldiers of the People's Public Security on duty have the right to:
a) Issue warnings;
b) Impose a fine of up to 1.200.000 VND;
2. Chiefs of police stations of communes, chiefs of police stations shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to 2.000.000 VND;
c) Confiscate any exhibit or equipment involved in commission of administrative violations if its value is not 02 times as high as the penalty amount specified in point b of this clause.
3. District-level Police Chiefs; Head of the Professional Division of the Internal Political Security Department; Head of the Professional Division of the Traffic Police Department; Head of the Professional Division of the Department of Fire Prevention, Fighting and Rescue; Head of the Professional Division of the Department of the Department of Cybersecurity and Hi-Tech Crime Prevention; Head of the Professional Division of Vietnam Immigration Department; Chiefs of provincial Police Departments including Chief of Internal Political Security Division, Chief of the Social Order-Related Crime Investigating Police Department, Chief of the Corruption, Economy and Smuggling Crime Investigating Police Department; Chief of the Drug-Related Crime Investigating Department, Chief of the Traffic Police Division, Chief of Road and Railway Traffic Police Division, Chief of Road Traffic Police Division, Chief of Waterway Police Division; Chief of Police Division for Prevention and Control of Environmental Crimes, Chief of Police Division for Firefighting, Prevention and Rescue, Chief of Division of Cybersecurity, Hi-Tech Crime Prevention and Control, Director of Immigration Division; Director of Economic Security Division; Director of External Security Division shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to 8.000.000 VND;
c) Confiscate any exhibit or equipment involved in commission of administrative violations if its value is not 02 times as high as the penalty amount specified in point b of this clause;
d) Apply remedial measures specified in Points d and dd Clause 1 Article 7 hereof.
4. Directors of provincial Police Departments shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to 20.000.000 VND;
c) Confiscate exhibits and instrumentalities used for committing administrative violations;
d) Apply remedial measures specified in Points b, d and dd Clause 1 Article 7 hereof.
5. Director of the Police Department for Social Order Administration; Director of the Investigation Police Department for Social Order Crimes; Director of the Investigation Police Department for Corruption, Economic and Smuggling Crimes; Director of the Investigation Police Department for Drug Crimes; Director of the Traffic Police Department; Director of the Firefighting, Prevention and Rescue Police Department; Director of the Police Department for Prevention and Control of Environmental Crimes; Director of the Internal Political Security Department; Director of the Economic Security Department; Director of the Internal Security Department; Director of the Cybersecurity, Hi-tech Crimes Prevention and Control Department; Director of the Immigration Department shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to 40.000.000 VND;
c) Confiscate exhibits and instrumentalities used for committing administrative violations;
d) Apply remedial measures specified in Points b, d and dd Clause 1 Article 7 hereof.
Article 27. The power to impose penalties of Border Guards
1. Commanders of the Border Guard Stations and Commanders of the Commanding Officer of the Port Border Guard shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to 8.000.000 VND;
c) Confiscate any exhibit or equipment involved in commission of administrative violations if its value is not 02 times as high as the penalty amount specified in point b of this clause;
d) Apply remedial measures specified in Points d and dd Clause 1 Article 7 hereof.
2. The leaders of the Drug and Crime Prevention and Control Task Forces under the Drugs and Crime Prevention Departments of the Border Guard Command shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to 20.000.000 VND;
c) Confiscate any exhibit or equipment involved in commission of administrative violations if its value is not 02 times as high as the penalty amount specified in point b of this clause;
d) Apply remedial measures specified in Points b, d and dd Clause 1 Article 7 hereof.
3. Commanders of the Provincial Border Guards and Directors of the Drug and Crime Prevention and Control Departments under the control of the Border Guard Command shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to 40.000.000 VND;
c) Confiscate exhibits and instrumentalities used for committing administrative violations;
d) Apply remedial measures specified in Points b, d and dd Clause 1 Article 7 hereof.
Article 28. The power to impose penalties of Coast Guards
1. Heads of the Coast Guard Operation Teams shall have the authority to:
a) Issue warnings;
b) Impose the fine of up to 4.000.000 VND;
2. Captains of the Coast Guard Squadrons shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to 8.000.000 VND;
c) Confiscate any exhibit or equipment involved in commission of administrative violations if its value is not 02 times as high as the penalty amount specified in point b of this clause;
d) Apply remedial measures specified in Points d and dd Clause 1 Article 7 hereof.
3. Chiefs of the Coast Guard Squadrons and leaders of Drug and Crime Prevention and Control Task Forces under the Coast Guard Commands shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to 12.000.000 VND;
c) Confiscate any exhibit or equipment involved in commission of administrative violations if its value is not 02 times as high as the penalty amount specified in point b of this clause;
d) Apply remedial measures specified in Points d and dd Clause 1 Article 7 hereof.
4. Commanders of the Regional Coast Guards, the Directors of the Legal and Operational Department under the Vietnam Coast Guard Commands shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to 20.000.000 VND;
c) Confiscate exhibits and instrumentalities used for committing administrative violations;
d) Apply remedial measures specified in Points d and dd Clause 1 Article 7 hereof.
5. Vietnam Coast Guard Commands shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to 40.000.000 VND;
c) Confiscate exhibits and instrumentalities used for committing administrative violations;
d) Apply remedial measures specified in Points d and dd Clause 1 Article 7 hereof.
Article 29. The power to impose penalties of Customs authorities
1. Heads of the Sub-Departments of Customs at checkpoints shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to 25.000.000 VND;
c) Confiscate any exhibit or equipment involved in commission of administrative violations if its value is not 02 times as high as the penalty amount specified in point b of this clause;
d) Apply remedial measures specified in Points b, d and dd Clause 1 Article 7 hereof.
2. Director of the Smuggling Investigation and Prevention Department, Director of the Post-clearance Inspection Department, a subsidiary of the General Department of Customs, and Directors of the provincial, inter-provincial or central-affiliated city Customs Departments shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to 40.000.000 VND;
c) Confiscate exhibits and instrumentalities used for committing administrative violations;
d) Apply remedial measures specified in Points b, d and dd Clause 1 Article 7 hereof.
Article 30. Authority to impose penalties of Forest Rangers
1. Directors of Forest Protection Departments have the authority to:
a) Issue warnings;
b) Impose a fine of up to 25.000.000 VND;
c) Confiscate any exhibit or equipment involved in commission of administrative violations if its value is not 02 times as high as the penalty amount specified in point b of this clause;
d) Apply remedial measures specified in Points b, d and dd Clause 1 Article 7 hereof.
2. Directors of Forest Protection Sub-departments; Directors of Regional Forest Protection Sub-Departments have the authority to:
a) Issue warnings;
b) Impose a fine of up to 40.000.000 VND;
c) Confiscate any exhibit or equipment involved in commission of administrative violations if its value is not 02 times as high as the penalty amount specified in point b of this clause;
d) Apply remedial measures specified in Points b, d and dd Clause 1 Article 7 hereof.
3. Director of Forest Protection Department shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to 40.000.000 VND;
c) Confiscate exhibits and instrumentalities used for committing administrative violations;
d) Apply remedial measures specified in Points b, d and dd Clause 1 Article 7 hereof.
Article 31. Authority to impose penalties of Fisheries Resources Surveillance forces
1. Fisheries resources surveillance officers assigned to carry out investigation shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to 2.000.000 VND;
c) Confiscate any exhibit or equipment involved in commission of administrative violations if its value is not 02 times as high as the penalty amount specified in point b of this clause.
2. Directors of Regional Fisheries Resources Surveillance Sub-Departments, Director of Vietnam Fisheries Surveillance shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to 40.000.000 VND;
c) Confiscate exhibits and instrumentalities used for committing administrative violations;
d) Apply remedial measures specified in Points b, d and dd Clause 1 Article 7 hereof.
Article 32. Authority to impose penalties of Chairpersons of the People’s Committees
1. Chairpersons of communal People’s Committees shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to 4.000.000 VND;
c) Confiscate any exhibit or equipment involved in commission of administrative violations if its value is not 02 times as high as the penalty amount specified in point b of this clause.
2. Chairpersons of district-level People’s Committees shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to 20.000.000 VND;
c) Confiscate exhibits and instrumentalities used for committing administrative violations;
d) Impose remedial measures specified in Point b through h Clause 1 Article 7 of this Ordinance.
3. Chairpersons of provincial People’s Committees shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to 40.000.000 VND;
c) Confiscate exhibits and instrumentalities used for committing administrative violations;
d) Impose remedial measures specified in Point b through h Clause 1 Article 7 of this Ordinance.
Article 33. Authority to impose penalties of the People’s Court
1. Judges chairing the court session shall impose penalties on obstruction of justice prescribed in Article 11, Clause 1 Article 13, Article 14, Article 16, Clause 1 Article 18, Clause 1 Article 19, Clause 1 and Clause 2 Article 23 hereof.
2. Presiding Judges of district-level People's Courts, specialized Chief Judges of provincial People's Courts shall impose penalties on obstruction of justice prescribed in Article 11, Article 12, Clause 1 and Clause 2 Article 13, Article 14, Clause 1 Article 15, Article 16, Article 17, Clause 1 and Clause 2 Article 18, Article 19, Clause 1 Article 21, Clause 1 Article 22, Clauses 1, 2 and 3 Article 23 and Article 24 hereof.
3. Chief Justices of local Military Courts shall impose penalties on obstruction of justice prescribed in Clause 1 Article 9, Article 11, Article 12, Clause 1 and Clause 2 Article 13, Article 14, Clause 1 Article 15, Clauses 1, 2 and 3 Article 23 and Article 24 hereof.
4. Presiding Judges of provincial People's Courts, specialized Chief Judges of High People's Courts shall impose penalties on obstruction of justice prescribed in Article 11 through Article 24 hereof.
5. Chief Justices of military courts of military zones and the equivalent shall impose penalties on obstruction of justice prescribed in Article 9 through Article 15, Article 23 and Article 24 hereof.
Article 34. Power to impose penalties of the People’s Public Security forces
1. Leaders of the People’s Public Security soldiers on duty, Commune-level Police Chiefs, Heads of Police Posts shall impose penalties on obstruction of justice prescribed in Article 11, Clause 1 Article 13 and Article 14 hereof.
2. District-level Police Chiefs; the Head of the Professional Division of the Internal Political Security Department; the Head of the Professional Division of the Traffic Police Department; the Head of the Professional Division of the Department of Fire Prevention, Fighting and Rescue; the Head of the Professional Division of the Department of the Department of Cybersecurity and Hi-Tech Crime Prevention; the Head of the Professional Division of Vietnam Immigration Department; Chiefs of provincial Police Departments including the Chief of Internal Political Security Division, the Chief of the Social Order-Related Crime Investigating Police Department, the Chief of the Corruption, Economy and Smuggling Crime Investigating Police Department; the Chief of the Drug-Related Crime Investigating Department, the Chief of the Traffic Police Division, the Chief of Road and Railway Traffic Police Division, the Chief of Road Traffic Police Division, Chiefs of Waterway Police Divisions, Chiefs of Police Divisions for Prevention and Control of Environmental Crimes, Chiefs of Firefighting, Prevention and Rescue Police Divisions, Directors of Cybersecurity, Hi-Tech Crime Prevention and Control Divisions, Directors of Immigration Divisions; Directors of Economic Security Divisions; Directors of External Security Divisions shall impose penalties on obstruction of justice prescribed in Clause 1 Article 9, Clause 1 Article 10, Article 11, Article 12, Clause 1 and Clause 2 Article 13, Article 14 and Clause 1 Article 15 hereof.
3. Directors of local provincial public security forces shall impose penalties on obstruction of justice prescribed in Clause 1 and Clause 2 Article 9, Clause 1 and Clause 2 Article 10, Article 11, Article 12, Clauses 1, 2 and 3 Article 13, Article 14, Clause 1 Clause 2 Article 15 hereof.
4. Director of the Investigation Police Department for Social Order Crimes; Director of the Investigation Police Department for Corruption, Economic and Smuggling Crimes; Director of the Investigation Police Department for Drug Crimes; Director of the Traffic Police Department; Director of the Firefighting, Prevention and Rescue Police Department; Director of the Police Department for Prevention and Control of Environmental Crimes; Director of the Internal Political Security Department; Director of the Economic Security Department; Director of the Internal Security Department; Director of the Cybersecurity, Hi-tech Crimes Prevention and Control Department; Director of the Immigration Department shall impose penalties on obstruction of justice prescribed in Article 9 through Article 15 hereof.
Article 35. Authority to impose penalties of Border Guard Forces
1. Commanding Officers of Border Guard Posts and Commanders of the Border Guard Commands at port border gates shall impose penalties on obstruction of justice prescribed in Clause 1 Article 9, Clause 1 Article 10, Article 11, Clause 12, Clause 1 and Clause 2 Article 13, Article 14, Clause 1 Article 15 hereof.
2. Leaders of Task Force Commissions for Drug and Crime Prevention and Control as an affiliate of the Department of Drug and Crime Prevention and Control under the control of the Border Guard Command shall impose penalties on obstruction of justice prescribed in Clause 1 and Clause 2 Article 9, Clause 1 and Clause 2 Article 10, Article 11, Article 12, Clauses 1, 2 and 3 Article 13, Article 14, Clause 1 Clause 2 Article 15 hereof.
3. Chief Commanders of the Provincial Border Guards and Directors of the Drug and Crime Prevention and Control Departments affiliated to the Border Guard Command shall impose penalties on obstruction of justice prescribed in Article 9 through Article 15 hereof.
Article 36. Authority to impose penalties of Coast Guards Forces
1. Team leaders of professional teams of Coast Guards assigned to carry out investigation shall impose penalties on obstruction of justice prescribed in Article 11, Clause 1 Article 13 and Article 14 hereof.
2. Captains of Coast Guard Flotillas, Captains of Naval Border Guard Squadrons and Heads of Task Force Commissions for Drug Crime Prevention and Control under the control of Vietnam Coast Guard Command shall impose penalties on obstruction of justice prescribed in Clause 1 Article 9, Clause 1 Article 10, Article 11, Article 12, Clauses 1 and 2 Article 13, Article 14, Clause 1 Article 15 hereof.
3. Regional Commands of Coast Guard and Director of the Department of Operations and Legislation under the control of Vietnam Coast Guard Command shall impose penalties on obstruction of justice prescribed in Clause 1 and Clause 2 Article 9, Clause 1 Article 10, Article 11, Article 12, Clauses 1, 2 and 3 Article 13, Article 14, Clause 1 Clause 2 Article 15 hereof.
4. Commander of Vietnam Coast Guard shall impose penalties on obstruction of justice prescribed in Article 9, Clause 1 Article 10 and Article 11 through Article 15 hereof.
Article 37. Authority to impose penalties of Customs authorities
1. Directors of Border Customs Sub-Departments shall impose penalties on obstruction of justice prescribed in Clause 1 and Clause 2 Article 9, Clause 1 and Clause 2 Article 10, Article 11, Article 12, Clauses 1, 2 and 3 Article 13, Article 14, Clause 1 Clause 2 Article 15 hereof.
2. Director of the Smuggling Investigation and Prevention Department, Director of the Post-clearance Inspection Department, a subsidiary of the General Department of Customs, and Directors of the provincial, inter-provincial or central-affiliated city Customs Departments shall impose penalties on obstruction of justice prescribed in Article 9 through Article 15 hereof.
Article 38. Authority to impose penalties of Forest Rangers
1. Directors of Forest Protection Departments shall impose penalties on obstruction of justice prescribed in Clause 1 and Clause 2 Article 9, Clause 1 and Clause 2 Article 10, Article 11, Article 12, Clauses 1, 2 and 3 Article 13, Article 14, Clause 1 Clause 2 Article 15 hereof.
2. Directors of Forest Protection Sub-departments, Directors of Regional Forest Protection Sub-Departments and Directors of Forest Protection Departments shall impose penalties on obstruction of justice prescribed in Article 9 through Article 15 hereof.
Article 39. Authority to impose penalties of Fisheries Resources Surveillance forces
1. Fisheries resources surveillance officers assigned to carry out investigation shall impose penalties on obstruction of justice prescribed in Article 11, Clause 1 Article 13 and Article 14 hereof.
2. Directors of Regional Fisheries Resources Surveillance Sub-Departments and Director of Vietnam Fisheries Surveillance shall impose penalties on obstruction of justice prescribed in Article 9 through Article 15 hereof.
Article 40. Authority to impose penalties of Chairpersons of the People’s Committees
1. Chairpersons of the commune-level People’s Committees shall impose penalties on obstruction of justice prescribed in Article 11, Clause 1 Article 13, Article 14, Article 16, Clause 1 Article 18 and Clause 1 Article 19 hereof.
2. Chairpersons of the district-level People’s Committees shall impose penalties on obstruction of justice prescribed in Clauses 1 and 2 Article 9, Clause 1 and Clause 2 Article 10, Article 11, Article 12, Clauses 1, 2 and 3 Article 13, Article 14, Clauses 1 and 2 Article 15, Article 16, Article 17, Clauses 1, 2 and 3 Article 18, Article 19, Clauses 1 and 2 Article 21, Clauses 1 and 2 Article 22 hereof.
3. Chairpersons of the provincial People’s Committees shall impose penalties on obstruction of justice prescribed in Article 9 through Article 19, Article 21 and Article 22 hereof.
Article 41. Distribution of authority to impose penalties
1. Persons who have the authority to impose penalties in the People’s Courts shall have authority to impose penalties according to the regulations in Article 25 and Article 33 hereof on obstruction of justice since the People’s Courts receive and examine the cases.
2. Persons who have the authority to impose penalties in Military Courts shall have authority to impose penalties according to the regulations in Article 25 and Article 33 hereof on:
a) Obstruction of justice since the Military Courts receive and examine the cases;
b) Obstruction of justice in the period of handling sources of information on crime, introduction of instance, investigation of competent authorities and persons under Military Procuracies, investigating agencies of the Central Military Procuracy, investigating agencies under the People's Army and agencies under the People's Army assigned to carry out investigation, except for Border Guards and Coast Guards;
c) Obstruction of justice in the period of prosecution of competent authorities and persons under Military Procuracies.
3. Persons who have the authority to impose penalties under the People’s Public Security shall have authority to impose penalties according to the regulations in Article 26 and Article 34 hereof on:
a) Obstruction of justice in the period of handling sources of information on crime, introduction of instance, investigation of competent authorities and persons under the People’s Public Security, the People’s Procuracies, investigating agencies under the Supreme People’s Procuracy;
b) Obstruction of justice in the period of prosecution of competent authorities and persons under the People’s Procuracies.
4. Persons who have the authority to impose penalties under Border Guards shall have authority to impose penalties according to the regulations in Article 27 and Article 35 hereof on obstruction of justice in the period of handling sources of information on crime, introduction of instance and investigation of competent authorities and persons under the Border Guards.
5. Persons who have the authority to impose penalties under Coast Guards shall have authority to impose penalties according to the regulations in Article 28 and Article 36 hereof on obstruction of justice in the period of handling sources of information on crime, introduction of instance and investigation of competent authorities and persons under the Coast Guards.
6. Persons who have the authority to impose penalties under Customs authorities shall have authority to impose penalties according to the regulations in Article 29 and Article 37 hereof on obstruction of justice in the period of handling sources of information on crime, introduction of instance and investigation of competent authorities and persons under the Customs authorities.
7. Persons who have the authority to impose penalties under Forest Rangers shall have authority to impose penalties according to the regulations in Article 30 and Article 38 hereof on obstruction of justice in the period of handling sources of information on crime, introduction of instance and investigation of competent authorities and persons under the Forest Rangers.
8. Persons who have the authority to impose penalties under Fisheries Surveillance forces shall have authority to impose penalties according to the regulations in Article 31 and Article 39 hereof on obstruction of justice in the period of handling sources of information on crime, introduction of instance and investigation of competent authorities and persons under the Fisheries Surveillance forces.
9. Chairpersons of the People’s Committees shall have authority to impose penalties according to the regulations in Article 32 and Article 40 hereof on obstruction of justice in the period of handling sources of information on crime, introduction of instance, investigation, prosecution and judgement of competent authorities and persons, except for the cases prescribed in Clause 2 of this Article.
Article 42. Procedures for imposition of penalties
1. Procedures for imposition of administrative penalties on obstruction of justice shall comply with the regulations in Article 55 through Article 68 of the Law on Handling of Administrative Violations and other relevant regulations of laws.
2. For individuals and organizations causing obstruction of justice of the People’s Procuracies, Military Procuracies, investigating agencies of the Supreme People’s Procuracy, investigating agencies of the Central Military Procuracy, investigating agencies under the People's Army and agencies under the People's Army assigned to carry out investigation, except for Border Guards and Coast Guards, competent persons making records shall send the records and other relevant documents to persons having authority to impose penalties for consideration of imposing administrative penalties as prescribed in the Law on Handling of Administrative Violations, this Ordinance and other regulations of relevant laws.
Article 43. Making records of administrative violations
1. Persons who have authority to make records of obstruction of justice of the People’s Courts and Military Courts include:
a) Persons who have the authority to impose penalties according to the regulations in Article 25 hereof;
b) Judges assigned to handle cases;
c) Investigators; Court Clerks on duty;
d) Other competent persons of the People Courts and Military Courts on duty.
2. Persons who have authority to make records of obstruction of justice of the People’s Procuracies and Military Procuracies, investigating agencies of the Supreme People’s Procuracy and investigating agencies of the Central Military Procuracy include:
a) Procurators assigned to handle cases;
b) Investigators and investigative officers assigned to handle cases;
c) Investigators on duty;
d) Other competent persons of the People’s Procuracies and Military Procuracies, investigating agencies of the Supreme People’s Procuracy and investigating agencies of the Central Military Procuracy on duty.
3. Persons who have authority to make records of obstruction of justice of agencies and persons who have authority to investigate in the People’s Public Security, the People’s Army, Border Guards, Coast Guards, Customs authorities, Forest Rangers and Fisheries Surveillance forces include:
a) Persons who have authority to impose penalties prescribed in Article 26 through Article 31 hereof;
b) Investigators assigned to handle cases;
c) Investigative officers on duty;
d) Soldiers of the People’s Public Security on duty;
dd) Other competent persons under the People’s Public Security, the People’s Army, Border Guards, Coast Guards, Customs authorities, Forest Rangers and Fisheries Surveillance forces on duty.
4. The preparation of records of administrative violations shall comply with the regulations in Article 58 of the Law on Handling of Administrative Violations and other relevant regulations of laws.
5. Persons who have authority to make records of administrative violations, relevant individuals and organizations shall be handled as prescribed by law if they have faults in making records of administrative violations, transferring administrative records and transferring dossiers on administrative violations.
Article 44. Transfer of dossiers on administrative violations suspected of crimes for criminal prosecution, transfer of dossier on violations for imposition of administrative penalties
1. When considering violation cases for deciding imposition of administrative penalties, if the violations prescribed in Article 9; Article 10; Article 13; Article 15; Point b and Point c Clause 1, Point a and Point c Clause 2, Points a, b and c Clause 3, Clause 4 and Clause 5 Article 18; Clause 3 Article 20; Article 21; Point c Clause 2, Point a Clause 3 and Point b Clause 4 Article 23; Point b Clause 1 Article 24 and other violations according to the regulations of this Ordinance are suspected of crimes, persons who have authority to impose penalties shall immediately transfer dossiers on such violations to competent authorities entitled to pursue criminal proceedings.
Agencies having authority to pursue criminal proceedings shall be responsible for considering, issuing conclusion and written responses to competent persons who have transferred dossiers within the period according to regulations of law on criminal procedure; if there is a decision not to institute criminal proceedings, within 03 days from the date of issuance of such decision, the competent authorities entitled to pursue criminal proceedings shall return the dossiers on violation cases to the competent persons who have transferred the dossiers.
2. Transfer of dossiers on administrative violations suspected of crimes for criminal prosecution, transfer of dossier on violations for imposition of administrative penalties shall comply with the regulations in Article 62 and Article 63 of the Law on Handling of Administrative Violations.
Article 45. Implementing decisions on imposing penalties and coercing to implement decisions on imposing administrative penalties
1. Implementation of decisions on imposition of administrative penalties and coercion of implementation of decisions on imposition of administrative penalties shall comply with the regulations in Article 69 through Article 88 of the Law on Handling of Administrative Violations and other regulations of relevant laws.
2. Persons having authority to issue decisions on coercion include:
a) Chairpersons of communal People’s Committees at all levels;
b) Chief Justices of district-level People’s Courts, Chief Justices of provincial People’s Courts, Chief Justices of Regional Military Courts, Chief Justices of military courts of military zones and the equivalent and Chief Justice of the High People's Court;
c) Persons having authority to issue decisions on coercion under the People’s Public Security, the People’s Army, Border Guards, Coast Guards, Customs authorities, Forest Rangers and Fisheries Surveillance forces entitled to comply with Points b, c, d, dd and e Clause 1 Article 87 of the Law on Handling of Administrative Violations.
Article 46. Rules, authority and procedures for application of measures for prevention and assurance about handling administrative violations
1. Rules, authority and procedures for application, cancellation or replacement of measures for prevention and assurance about handling administrative violations for obstruction of justice shall comply with the regulations in Article 120 through Article 129 of the Law on Handling of Administrative Violations and other regulations of relevant laws.
2. The People’s Public Security forces who are protecting a Court session shall be responsible for coercing persons who violate the Court session’s rules to leave the court room or arresting and escorting violators according to the decision of the presiding judge.
Chapter IV
IMPLEMENTATION CLAUSES
Article 47. Effect
This Ordinance comes into force from September 01, 2022.
Article 48. Responsibility for implementation
The Government, the Supreme People’s Court and the Supreme People’s Procuracy shall be responsible for organizing implementation of this Ordinance.
This Ordinance is adopted on August 18, 2022 by the Standing Committee of 15th National Assembly of the Socialist Republic of Vietnam in the legal seminar in August.
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