DECREE

ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON NATIONAL DEFENSE AND CRYPTOGRAPHY

Pursuant to the Law on Government Organization dated December 25, 2001;

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012;

Pursuant to the Law on National Defense dated June 14, 2005;

Pursuant to the Law on Military Conscription dated December 30, 1981 and 1990, 1994 and 2005 Laws on Amendments to Law on Military Conscription;

Pursuant to the Law on Vietnam People’s Army Officers dated December 21, 1999; and 2008 Law on Amendments to Law on Vietnam People’s Army Officers;

Pursuant to the Law on Militia and Self Defense Forces dated November 23, 2009;

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Pursuant to the Ordinance on Reserve Forces dated August 27, 1996;

Pursuant to the Ordinance on Industrial Mobilization dated February 25, 2003;

Pursuant to the Ordinance on National Defense Industry dated January 26, 2008;

Pursuant to the Ordinance on Protection of National Defense Projects and Military Zones dated May 19, 1994;

At the request of the Minister of National Defense;

The Government hereby promulgates a Decree on penalties for administrative violations against regulations on national defense and cryptography.

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope

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2. Administrative violations against regulations on national defense include:

a) Violations against regulations on conscription;

b) Violations against regulations on reserve forces;

c) Violations against regulations on industrial mobilization;

d) Violations against regulations on national defense industry;

dd) Violations against regulations on militia and self-defense forces;

e) Violations against regulations on protection of national defense works and military zones; and encroachment upon land for national defense and military-managed residential land and houses;

g) Violations against regulations on use of military driver’s licenses and number plates of military transport vehicles, automobiles and motorbikes;

h) Violations against regulations on use, purchase, selling and production of military uniforms, work signage and signal flags.

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a) Violations against regulations on use of cryptographic products not provided by Government Cipher Commission to protect information pertaining to state secrets;

b) Violations against regulations on state secret protection during transmission of confidential information via information or telecommunications equipment or storage of confidential information using electronic or computer devices without encryption using keys provided by cryptography forces;

c) Violations against regulations on period of ineligibility for cryptographic operations and regulations on production and provision of cryptographic products for protection of information pertaining to state secrets.

4. Administrative violations related to national defense and cryptography mentioned in Decrees on penalties for administrative violations against regulations on land; healthcare; social insurance; transport; construction; management and use of state property; public order and social safety and other fields shall be subject to the penalties provided for in those Decrees.

Article 2. Prescriptive period for imposition of administrative penalties for violations against regulations on national defense and cryptography

Prescriptive period for imposition of penalties for administrative violations against regulations on national defense and cryptography shall be one year. Prescriptive period for imposition of penalties for administrative violations against regulations on management of land for national defense and military-managed residential land and houses; national defense works and military zones shall be two years.

Article 3. Regulations on fine rates and power to impose fines

1. Maximum fines imposed upon administrative violations against regulations on national defense and cryptography:

a) The maximum fine for committing a violation against national defense regulations shall be VND 75.000.000 if it is imposed upon an individual or VND 150.000.000 if it is imposed upon an organization;

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2. Fines imposed upon the administrative violations provided for in Sections 1, 2, 3, 4, 5, 6, 7 and 8 Chapter II and Section 1 Chapter III of this Decree are incurred by individuals. The maximum fines that may be imposed upon organizations are twice as much as the fines incurred by individuals.

3. The power to impose fines of those holding the titles specified in Section 9 Chapter II and Section 2 Chapter III of this Decree is applicable to administrative violations committed by individuals; the power to impose a fine on an administrative violation committed by an organization is twice as much as the power to impose a fine on an individual.

Chapter 2.

PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST NATIONAL DEFENSE REGULATIONS

SECTION 1. ADMINISTRATIVE VIOLATIONS AGAINST CONSCRIPTION REGULATIONS AND PENALTY TYPES AND REMEDIAL MEASURES THEREOF

Article 4. Violations against regulations on conscription registration

1. A warning shall be issued to male citizens reaching 17 years old in the year and required to register for conscription if they fail to apply for initial conscription registration.

2. A fine ranging from VND 200.000 to VND 600.000 shall be imposed upon the following violations:

a) Failure to apply for initial registration for conscription, excluding the case provided for in Clause 1 of this Article;

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c) Failure to apply for modification of conscription registration prior to change of place of residence as per the law;

d) Failure to register for reserve force as per the law.

3. Remedial measures: enforced conscription registration, supplemental conscription registration, application for modification of conscription registration and reserve force registration for the violations mentioned in Clauses 1 and 2 herein.

Article 5. Violations against regulations on preliminary selection for conscription

1. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed upon failure to be present at the time or location for preliminary selection stated in the call to preliminary selection for conscription without a legitimate reason.

2. Remedial measure: enforced participation in preliminary selection for conscription according to the plan of the conscription council for the violations mentioned in Clause 1 herein.

Article 6. Violations against regulations on health examination for conscription

1. A fine ranging from VND 800.000 to VND 1.200.000 shall be imposed upon failure to be present at the time or location for health examination stated in the call to health examination for conscription without a legitimate reason.

2. A fine ranging from VND 2.000.000 to VND 4.000.000 shall be imposed upon the following violations:

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b) Offering of money or other material benefits to healthcare officials and workers for the purpose of falsification of health classification results of persons undergoing health examination for conscription;

c) Deliberate alteration of health determinants of persons undergoing health examination for conscription by healthcare officials and workers.

3. Remedial measures:

a) Enforced health examination according to the plan of the conscription council for the violations mentioned in Clause 1 herein;

b) Confiscation of illegal profit obtained by healthcare officials and workers due to the violations provided for in Point b Clause 2 of this Article;

c) Enforced health reexamination for persons undergoing health examination for conscription for the violations mentioned in Points a, b and c Clause 2 herein.

Article 7. Violations against enlistment regulations

1. A fine ranging from VND 1.500.000 to VND 2.500.000 shall be imposed upon failure to be present at the assembling time or location stated in the enlistment order without a legitimate reason.

2. Remedial measure: enforced compliance with the enlistment order for the violations mentioned in Clause 1 herein.

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1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed upon the following violations:

a) Desertion during conscription in a regular armed force in peacetime which has not resulted in any serious consequence and for which the regiment-level military unit or equivalent has sent a notification of desertion and removal from personnel list to the commune-level People’s Committee and district-level military authority;

b) Sheltering and concealment of deserting soldiers.

2. Remedial measures: enforced return of all military uniforms provided and enforced performance of conscription according to regulations of the Law on Military Conscription for the violation mentioned in Point a Clause 1 herein.

Article 9. Violations against regulations on performance of conscription

1. A fine ranging from VND 1.500.000 to VND 2.000.000 shall be imposed upon failure to enable citizens to register for conscription, participate in preliminary selection for conscription, participate in health examination for conscription and comply with enlistment orders.

2. A fine ranging from VND 2.000.000 to VND 3.000.000 shall be imposed upon obstructing persons tasked with conscription registration, preliminary selection for conscription, health examination for conscription and execution of enlistment orders from fulfilling their duties.

3. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed upon the following violations:

a) Failure to report or failure to sufficiently or accurately report list of male citizens reaching 17 years old in the year or list of female citizens aged 18 to 40 and having technical qualifications needed by the army;

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4. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed upon failure to allow citizens who have completed conscription to return to the workplaces that they work for prior to conscription.

5. Remedial measures:

a) Enforced enabling citizens to register for conscription, participate in preliminary selection for conscription, participate in health examination for conscription and comply with enlistment orders as per the law for the violations mentioned in Clause 1 herein;

b) Enforced employment of citizens who have completed conscription in the workplaces that they work for prior to conscription for the violation mentioned in Clause 4 herein.

SECTION 2. ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON RESERVE FORCES AND PENALTY TYPES AND REMEDIAL MEASURES THEREOF

Article 10. Violations against regulations on registration as reserve serviceman

1. A fine ranging from VND 500.000 to VND 1.500.000 shall be imposed upon failure to register as reserve serviceman with the military authority of the locality where the new place of residence or new workplace is located when moving to a new place of residence or workplace.

2. Remedial measure: enforced registration as reserve serviceman for the violation mentioned in Clause 1 herein.

Article 11. Violations against regulations on reserve serviceman training

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2. A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed upon failure to enable citizens to follow the call to health examination for selection or reserve serviceman training decision.

3. A fine ranging from VND 2.000.000 to VND 4.000.000 shall be imposed upon the following violations:

a) Alteration of health classification results by persons undergoing health examination for the purpose of avoiding reserve serviceman training;

b) Offering of money or other material benefits to healthcare officials and workers for the purpose of falsification of health classification results of persons undergoing health examination for reserve serviceman training;

c) Deliberate falsification of health determinants of persons undergoing health examination for reserve serviceman training by healthcare officials and workers.

4. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed upon failure to allow persons who have completed reserve serviceman training to return to the workplaces that they work for prior to training.

5. Remedial measures:

a) Enforced compliance with call to health examination for selection or reserve serviceman training decision for the violations mentioned in Clause 1 herein;

b) Confiscation of illegal profit obtained by healthcare officials and workers due to the violations mentioned in Point b Clause 3 of this Article;

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d) Enforced employment of persons who have completed reserve serviceman training in the workplaces that they work for prior to training for the violation mentioned in Clause 4 herein.

Article 12. Violations against regulations on training, drilling and mobilization and fighting readiness assessment

1. A fine ranging from VND 800.000 to VND 1.200.000 shall be imposed upon failure to be present at the time or location stated in the call to training, drilling and mobilization and fighting readiness assessment without a legitimate reason.

2. A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed upon failure to enable reserve servicemen to comply with regulations on training, drilling and mobilization and fighting readiness assessment.

3. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed upon failure to allow reserve servicemen who have completed training, drilling and mobilization and fighting readiness assessment to return to the workplaces that they work for prior to such activities.

4. Remedial measures:

a) Enforced compliance with calls to training, drilling and mobilization and fighting readiness assessment according to orders from competent authorities for the violations mentioned in Clause 1 herein;

b) Enforced employment of reserve servicemen in their previous workplaces for the violation mentioned in Clause 3 herein.

Article 13. Violations against regulations on technical equipment registration

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a) Failure to register technical equipment with the competent authority of the locality where an individual resides or an organization’s office is located;

b) Failure to modify registration upon change to functions, uses or technical condition of technical equipment;

c) Failure to register change of place of residence or relocation upon change to place of residence of the technical equipment’s owner;

d) Failure to remove technical equipment registration as per the law;

dd) Failure to register temporary absence of technical equipment planned to be mobilized for the army’s permanent standing bodies.

2. Remedial measure: enforced compliance with regulations on technical equipment registration for the violation mentioned in Clause 1 herein.

Article 14. Violations against regulations on technical equipment mobilized

1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed upon failure to execute decisions or orders concerning mobilization of technical equipment not yet provided for reserve forces for the purposes of reserve force training, drilling and assessment in peacetime.

2. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed upon failure to execute decisions or orders concerning mobilization of technical equipment already provided for reserve forces for the purposes of reserve force training, drilling and assessment in peacetime.

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SECTION 3. ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON INDUSTRIAL MOBILIZATION AND PENALTY TYPES AND REMEDIAL MEASURES THEREOF

Article 15. Violations against regulations on industrial mobilization

1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed upon provision of insufficient or false information on production or repair capacity to survey authority.

2. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed upon failure to cooperate with survey authority in surveying production or repair capacity of industrial enterprises.

3. A fine ranging from VND 50.000.000 to VND 75.000.000 shall be imposed upon the following violations:

a) Avoiding industrial mobilization tasks assigned;

b) Failure to execute decisions on mobilization for industrial mobilization drilling.

4. Remedial measures:

a) Enforced provision of sufficient and correct information on production or repair capacity to survey authority for the violations mentioned in Clause 1 herein;

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Article 16. Violations against regulations on management and use of technological documents and equipment for industrial mobilization

1. A fine ranging from VND 2.000.000 to VND 3.000.000 shall be imposed upon industrial enterprises allocated equipment by the State committing the following violations:

a) Failure to open a logbook or failure to record use and fluctuation of allocated equipment in a logbook;

b) Failure to formulate regulations on management and use of allocated equipment;

c) Failure to carry out stocktaking of allocated equipment as per regulations;

d) Failure to report results of stocktaking of allocated equipment to competent authority as per regulations.

2. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed upon the following violations:

a) Failure to report to the supervisory authority or submit a written request to the Minister of National Defense when using state-allocated equipment to complete production or repair lines outside of industrial mobilization plan;

b) Failure to submit a written report to the authority issuing the enterprise establishment decision and the Ministry of National Defense upon a decision on merger, division, dissolution or transfer of ownership to another entity or a written request for bankruptcy declaration or incapacity to perform industrial mobilization tasks after technological renovation is completed.

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a) Failure to use equipment outside of industrial mobilization plan for the intended purpose or permitted time;

b) Misuse of depreciation amounts for state-invested property.

4. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed upon the following violations:

a) Destruction or loss of technological documents allocated by the State for industrial mobilization purpose;

b) Failure to transfer sufficient technological documents received and state-allocated equipment upon a revocation decision.

5. Remedial measures:

a) Enforced revocation of equipment and/or technological documents allocated by the State for industrial mobilization purpose for the violation mentioned in Point a Clause 3 herein;

b) Enforced return of misused depreciation amounts for the violation mentioned in Point b Clause 3 herein.

Article 17. Violations against regulations on industrial mobilization products

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2. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed upon failure to deliver industrial mobilization products of required quality according to industrial mobilization targets.

3. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed upon trading, gifting, leasing and pawning of industrial mobilization products.

4. Remedial measures: enforced recall of unqualified products or enforced disposal of products causing harm to humans, domestic animals or the environment for the violation mentioned in Clause 2 herein.

SECTION 4. ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON NATIONAL DEFENSE INDUSTRY AND PENALTY TYPES AND REMEDIAL MEASURES THEREOF

Article 18. Violations against regulations on applications for certificates of eligibility to participate in national defense industry

1. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed upon alteration, erasure or other acts of falsification of contents of documents in applications for certificates of eligibility to participate in national defense industry.

2. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed upon forgery of documents or use of forged documents in applications for certificates of eligibility to participate in national defense industry.

3. Additional penalty: confiscation of altered or forged documents for the violations mentioned in Clauses 1 and 2 herein.

4. Remedial measure: revocation of issued certificates of eligibility to participate in national defense industry for the violations mentioned in Clauses 1 and 2 herein.

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1. A fine ranging from VND 7.000.000 to VND 10.000.000 shall be imposed upon alteration, erasure or other acts of falsification of contents of certificates of eligibility to participate in national defense industry.

2. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed upon selling, leasing and lending of certificates of eligibility to participate in national defense industry.

3. Additional penalty: revocation of certificates of eligibility to participate in national defense industry for 6-12 months for the violations mentioned in Clause 2 herein.

4. Remedial measure: revocation of issued certificates of eligibility to participate in national defense industry for the violations mentioned in Clause 1 herein.

Article 20.  Violations against regulations on activities of national defense industry

1. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed upon the following violations:

a) Failure to comply with requirements for periodic reporting on participation in national defense industry to the contracting authority and issuer of the certificate of eligibility to participate in national defense industry;

b) Failure to submit ad hoc reports at the request of affiliates of the Ministry of National Defense.

2. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed upon the following violations:

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b) Failure to participate in national defense industry in accordance with contents written in the issued certificate of eligibility to participate in national defense industry.

3. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed upon participation in national defense industry without signing an agreement on such participation.

4. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed upon failure to maintain compliance with requirements for participation in national defense industry according to the issued certificate of eligibility to participate in national defense industry.

5. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed upon participation in national defense industry without a certificate of eligibility to participate in national defense industry.

6. Additional penalty: revocation of certificates of eligibility to participate in national defense industry for 01-03 months for the violation mentioned in Point b Clause 2 herein.

SECTION 5. ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON MILITIA AND SELF-DEFENSE FORCES AND PENALTY TYPES AND REMEDIAL MEASURES THEREOF

Article 21. Violations against regulations on organization of militia and self-defense forces

1. A fine ranging from VND 500.000 to VND 1.500.000 shall be imposed upon evasion of participation in core militia and self-defense forces.

2. A fine ranging from VND 2.000.000 to VND 4.000.000 shall be imposed upon obstructing development of militia and self-defense forces.

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4. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed upon organization of militia and self-defense forces against the law.

5. Remedial measures:

a) Enforced participation in militia and self-defense forces for the violation mentioned in Clause 1 herein;

b) Enforced organization of militia and self-defense forces according to decisions of competent authorities for the violation mentioned in Clause 3 herein;

c) Enforced dissolution of militia and self-defense forces organized against the law for the violation mentioned in Clause 4 herein.

Article 22. Violations against regulations on training of militia and self-defense forces

1. A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed upon failure to enable responsible persons to train militia and self-defense forces.

2. A fine ranging from VND 2.000.000 to VND 4.000.000 shall be imposed upon the following violations against regulations on training of militia and self-defense forces:

a) Failure to provide training according to given schedule;

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3. Remedial measure: enforced provision of training to militia and self-defense forces for required duration and according to required programs and contents for the violations mentioned in Points a and b Clause 2 herein.

Article 23. Violations against regulations on impersonation of core militia and self-defense forces, use of militia and self-defense forces and obstruction of on-duty militia and self-defense forces

1. A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed upon impersonation of core militia and self-defense forces.

2. A fine ranging from VND 2.000.000 to VND 4.000.000 shall be imposed upon misuse of militia and self-defense forces.

3. A fine ranging from VND 4.000.000 to VND 6.000.000 shall be imposed upon obstructing on-duty members of militia and self-defense forces.

4. Additional penalty: exhibit confiscation for the violation mentioned in Clause 1 herein;

Article 24. Violations against regulations on weapon and equipment management

1. A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed upon illegal weapon use or lending weapons to other people without permission (unless during fights).

2. A fine ranging from VND 2.000.000 to VND 4.000.000 shall be imposed upon damaging weapons or equipment through negligence.

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4. Additional penalty: revocation of weapon licenses for 01 - 03 months for the violations mentioned in Clause 1, Clause 2 and Clause 3 of this Article.

SECTION 6. ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON PROTECTION OF NATIONAL DEFENSE WORKS AND MILITARY ZONES; AND ENCROACHMENT UPON LAND FOR NATIONAL DEFENSE AND MILITARY-MANAGED RESIDENTIAL LAND AND HOUSES AND PENALTY TYPES AND REMEDIAL MEASURES THEREOF

Article 25. Violations against regulations on illegal movement, residence and business operation in no entry areas, protection areas and safety zones of national defense works and military zones

1. A warning shall be issued to persons carelessly entering, exiting or moving in no entry areas, protection areas and safety zones of national defense works and military zones.

2. A fine ranging from VND 300.000 to VND 500.000 shall be imposed upon persons deliberately entering, exiting or moving in protection areas and safety zones of national defense works and military zones.

3. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed upon persons deliberately entering, exiting or moving in no entry areas of national defense works and military zones.

4. A fine ranging from VND 2.000.000 to VND 3.000.000 shall be imposed upon illegal residence in no entry areas, protection areas and safety zones of national defense works.

5. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed upon illegal business operation in no entry areas, protection areas and safety zones of national defense works and military zones.

6. Remedial measures: enforced demolition of illegally built works and housing, reversal of the changes made and relocation from no entry areas, protection areas and safety zones of national defense works and military zones for the violations mentioned in Clauses 4 and 5 herein.

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1. A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed upon filming, photographing, measuring or mapping safety zones of national defense works and military zones without permission of competent authority.

2. A fine ranging from VND 2.000.000 to VND 3.000.000 shall be imposed upon filming, photographing, measuring or mapping protection areas of national defense works and military zones without permission of competent authority.

3. A fine ranging from VND 3.000.000 to VND 4.000.000 shall be imposed upon filming, photographing, measuring or mapping no entry areas of national defense works and military zones without permission of competent authority.

4. A fine ranging from VND 5.000.000 to VND 7.000.000 shall be imposed upon researching the location, functions or structure of or recording information concerning national defense works and military zones ultra vires or without permission of competent authority.

5. Additional penalty: confiscation of exhibits and vehicles used to commit the violations mentioned in Clauses 1, 2, 3 and 4 herein.

Article 27. Violations against regulations on protection of national defense works and military zones

1. A fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed upon the following violations:

a) Allowing waste to erode or damage structure or equipment of national defense works;

b) Placing equipment that affects structure, functions, safety or secret of national defense works and military zones;

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d) Cutting trees used to disguise national defense works and military zones.

2. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed upon collecting materials, minerals or antiques in protection areas and safety zones of national defense works and military zones.

3. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed upon the following violations:

a) Allowing toxic chemicals or toxic substances to enter national defense works;

b) Collecting materials, minerals or antiques on the top of, on the sides of or under national defense works or in no entry areas of national defense works and military zones.

4. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed upon construction without permission of competent authority that affects national defense works and military zones.

5. A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed upon demolishing or damaging structure and equipment of national defense works.

6. Additional penalty: confiscation of exhibits and vehicles used to commit the violations mentioned in Clause 2 and Point b Clause 3 herein.

7. Remedial measures:

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b) Enforced removal of waste, toxic chemicals and toxic substances from national defense works for the violations mentioned in Point a Clause 1 and Point a Clause 3 of this Article;

c) Enforced removal of illegally built equipment and works for the violations mentioned in Point b Clause 1 and Clause 4 of this Article.

Article 28. Violations against regulations on use of national defense works and military zones

1. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed upon misuse of specialized equipment and materials of national defense works.

2. A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed upon misuse of national defense works and military zones without permission of competent authority.

3. A fine ranging from VND 50.000.000 to VND 60.000.000 shall be imposed upon conversion of national defense works and military zones without permission of competent authority.

4. Remedial measure: enforced reversal of the changes made for the violation mentioned in Clause 3 herein.

Article 29. Violations against regulations on encroachment upon land for national defense and military-managed residential land and houses

1. Fines shall be imposed upon violations against regulations on management of land for national defense. To be specific:

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b) A fine ranging from VND 15.000.000 to VND 30.000.000 shall be imposed on encroachment upon land for national defense having land use right value from VND 200.000.000 to under VND 400.000.000;

c) A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed on encroachment upon land for national defense having land use right value from VND 400.000.000 to under VND 1.000.000.000;

d) A fine ranging from VND 50.000.000 to VND 75.000.000 shall be imposed on encroachment upon land for national defense having land use right value of VND 1.000.000.000 or more.

2. Fines shall be imposed upon violations against regulations on military-managed residential land and houses. To be specific:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed on encroachment upon military-managed residential houses and land having land use right value of less than VND 200.000.000;

b) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed on encroachment upon military-managed residential houses and land having land use right value from VND 200.000.000 to under VND 400.000.000;

c) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed on encroachment upon military-managed residential houses and land having land use right value from VND 400.000.000 to under VND 1.000.000.000;

d) A fine ranging from VND 30.000.000 to VND 75.000.000 shall be imposed on encroachment upon military-managed residential houses and land having land use right value of VND 1.000.000.000 or more.

3. Remedial measures: enforced reversal of the changes made and returning of encroached land for the violations mentioned in Clauses 1 and 2 herein.

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Article 30. Violations against regulations on selling, buying and use of forged military driver’s licenses and number plates of military transport vehicles, automobiles and motorbikes

1. A fine ranging from VND 4.000.000 to VND 6.000.000 shall be imposed upon the following violations:

a) Use of forged military driver’s licenses;

b) Use of number plates of military transport vehicles, automobiles and motorbikes against the law.

2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed upon the following violations:

a) Selling and buying forged military driver’s licenses;

b) Selling and buying number plates of military transport vehicles, automobiles and motorbikes.

3. Additional penalty: confiscation of forged military driver’s licenses and number plates of military transport vehicles, automobiles and motorbikes for the violations mentioned in Clauses 1 and 2 herein.

Article 31. Violations against regulations on forgery of military driver’s licenses and number plates of military transport vehicles, automobiles and motorbikes

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a) Forgery of forged military driver’s licenses;

b) Forgery of number plates of military transport vehicles, automobiles and motorbikes.

2. Additional penalty: confiscation of forged military driver’s licenses and number plates of military transport vehicles, automobiles and motorbikes for the violations mentioned in Clause 1 herein.

SECTION 8. ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON USE, PURCHASE, SELLING AND PRODUCTION OF MILITARY UNIFORMS, WORK SIGNAGE AND SIGNAL FLAGS AND PENALTY TYPES AND REMEDIAL MEASURES THEREOF

Article 32. Violations against regulations on use of military uniforms

1. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed upon the following violations:

a) Use of headwear with military badge against the law;

b) Use of military uniforms with epaulets or badges, laurel branches, military name tags or military symbols against the law.

2. Additional penalty: exhibit confiscation for the violations mentioned in Clause 1 herein.

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1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed upon illegal possession of military badges, epaulets, laurel branches, military name tags, military symbols, kepi caps, combat hats, dress uniforms, regular military uniforms, combat uniforms, uniforms for professional operations and other military uniforms.

2. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed upon illegal exchange of military badges, epaulets, laurel branches, military name tags, military symbols, kepi caps, combat hats, dress uniforms, regular military uniforms, combat uniforms, uniforms for professional operations and other military uniforms.

3. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed upon illegal selling of military badges, epaulets, laurel branches, military name tags, military symbols, kepi caps, combat hats, dress uniforms, regular military uniforms, combat uniforms, uniforms for professional operations and other military uniforms.

4. Additional penalty: exhibit confiscation for the violations mentioned in Clauses 1, 2 and 3 herein.

Article 34. Violations against regulations on military uniform production

1. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed upon the following violations:

a) Illegal production of military badges, epaulets, laurel branches, military name tags, military symbols, kepi caps, combat hats, dress uniforms, regular military uniforms, combat uniforms, uniforms for professional operations and other military uniforms;

b) Counterfeiting of military badges, epaulets, laurel branches, military name tags, military symbols, kepi caps, combat hats, dress uniforms, regular military uniforms, combat uniforms, uniforms for professional operations and other military uniforms.

2. Additional penalty: confiscation of exhibits and vehicles used to commit the violations mentioned in Clause 1 herein.

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1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed upon illegal use of work signage, signal flags and priority signals for on-duty military forces.

2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed upon illegal selling and buying of work signage and signal flags for on-duty military forces.

3. Additional penalties:

a) Exhibit confiscation for the violation mentioned in Clause 1 herein;

b) Exhibit confiscation for the violation mentioned in Clause 2 herein.

Article 36. Violations against regulations on production of work signage and signal flags for on-duty military forces

1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed upon the following violations:

a) Illegal production of work signage and signal flags for on-duty military forces;

b) Counterfeiting of work signage and signal flags for on-duty military forces.

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SECTION 9. POWER TO IMPOSE PENALTIES UPON ADMINISTRATIVE VIOLATIONS AGAINST NATIONAL DEFENSE REGULATIONS

Article 37. Power to impose penalties of Chairpersons of People’s Committees at all levels

Chairpersons of People’s Committees at all levels have the power to impose penalties upon the administrative violations mentioned in Sections 1, 2, 3, 5, 6, 7 and 8 Chapter II of this Decree in localities under their management. To be specific:

1. Chairpersons of commune-level People’s Committees have the power to:

a) Issue warnings;

b) Impose fines of up to VND 5.000.000;

c) Confiscate exhibits and vehicles used to commit administrative violations worth up to VND 5.000.000;

d) Impose the remedial measures mentioned in Section 6 Chapter II herein.

2. Chairpersons of district-level People’s Committees have the power to:

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b) Impose fines of up to VND 37.500.000;

c) Revoke licenses temporarily;

d) Confiscate exhibits and vehicles used to commit administrative violations worth up to VND 37.500.000;

dd) Impose the remedial measures mentioned in Sections 1, 2, 3, 5 and 6 Chapter II herein.

3. Chairpersons of provincial People’s Committees have the power to:

a) Issue warnings;

b) Impose fines of up to VND 75.000.000;

c) Revoke licenses temporarily;

d) Confiscate exhibits and vehicles used to commit administrative violations;

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Article 38. Power to impose penalties of national defense inspectorates

National defense inspectorates have the power to impose penalties upon the administrative violations mentioned in Chapter II herein.

1. On-duty national defense inspectors have the rights to:

a) Issue warnings;

b) Impose fines of up to VND 500.000;

c) Confiscate exhibits and vehicles used to commit administrative violations worth up to VND 500.000;

d) Impose the remedial measures mentioned in Section 6 Chapter II herein;

2. Chief national defense inspectors of high commands of Hanoi, Ho Chi Minh City, provinces and central-affiliated cities have the rights to:

a) Issue warnings;

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c) Revoke licenses temporarily;

d) Confiscate exhibits and vehicles used to commit administrative violations worth up to VND 37.500.000;

dd) Impose the remedial measures mentioned in Chapter II herein.

3. Chief national defense inspectors of military zones have the rights to:

a) Issue warnings;

b) Impose fines of up to VND 52.500.000;

c) Revoke licenses temporarily;

d) Confiscate exhibits and vehicles used to commit administrative violations worth up to VND 52.500.000;

dd) Impose the remedial measures mentioned in Chapter II herein.

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a) Issue warnings;

b) Impose fines of up to VND 75.000.000;

c) Revoke licenses temporarily;

d) Confiscate exhibits and vehicles used to commit administrative violations;

dd) Impose the remedial measures mentioned in Chapter II herein.

5. Heads of national defense inspector teams of high commands of Hanoi, Ho Chi Minh City, provinces and central-affiliated cities have the power to impose the penalties mentioned in Clause 2 of this Article.

6. Heads of national defense inspector teams of military zones have the power to impose the penalties mentioned in Clause 2 of this Article.

7. Heads of inspector teams of the Ministry of National Defense have the power to impose the penalties mentioned in Clause 3 of this Article.

Article 39. Power to impose penalties of police forces

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1. On-duty police officers have the right to impose fines of up to VND 500.000.

2. Heads of police posts and teams to which the officers in Clause 1 herein are affiliated have the right to impose fines of up to VND 1.500.000.

3. Heads of commune-level police forces and heads of police stations have the rights to:

a) Impose fines of up to VND 2.500.000;

b) Confiscate exhibits and vehicles used to commit administrative violations worth no more than the amount mentioned in Point a of this Clause.

4. Heads of district-level police forces, heads of professional divisions affiliated to road and railway traffic police department and waterway police department, heads of divisions affiliated to provincial police forces, including heads of police divisions for investigation of economic management order and position-related crimes, chiefs of road and railway traffic police divisions, chiefs of waterway police divisions and chiefs of economic security police divisions, have the rights to:

a) Impose fines of up to VND 15.000.000;

b) Confiscate exhibits and vehicles used to commit administrative violations worth no more than the amount mentioned in Point a of this Clause.

5. Heads of provincial police forces have the rights to:

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b) Confiscate exhibits and vehicles used to commit administrative violations worth no more than the amount mentioned in Point a of this Clause.

6. Head of economic security department, head of police department for investigation of economic management order and position-related crimes, head of road and railway traffic police department and head of waterway police department have the rights to:

a) Impose fines of up to VND 75.000.000;

b) Confiscate exhibits and vehicles used to commit administrative violations.

Article 40. Power to impose penalties of market surveillance forces

Market surveillance forces have the power to impose penalties upon the violations mentioned in Article 33, Article 34, Clause 2 and Point b Clause 3 Article 35 and Article 36 of Section 8 Chapter II herein. To be specific:

1. On-duty members of market surveillance forces have the right to impose fines of up to VND 500.000.

2. Heads of market surveillance teams have the rights to:

a) Impose fines of up to VND 25.000.000;

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3. Heads of district-level market surveillance authorities affiliated to Departments of Industry and Trade, head of district-level smuggling control authorities, heads of district-level counterfeit control authorities and heads of goods quality control authorities affiliated to provincial market surveillance authorities have the rights to:

a) Impose fines of up to VND 50.000.000;

b) Confiscate exhibits and vehicles used to commit administrative violations worth no more than the amount mentioned in Point a of this Clause.

4. Heads of provincial market surveillance authorities have the rights to:

a) Impose fines of up to VND 75.000.000;

b) Confiscate exhibits and vehicles used to commit administrative violations.

Article 41. Power to impose penalties of Border guard

Border Guards has the power to impose penalties upon the violations mentioned in Sections 6 and 7 Chapter II of this Decree. To be specific:

1. On-duty border guards have the rights to:

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b) Impose fines of up to VND 500.000.

2. Heads of posts and teams to which the persons in Clause 1 herein are affiliated have the rights to:

a) Issue warnings;

b) Impose fines of up to VND 2.500.000.

3. Heads of border guard stations, heads of border guard flotillas, heads of border guard sub-zones and heads of border guards at port checkpoints have the rights to:

a) Issue warnings;

b) Impose fines of up to VND 15.000.000;

c) Confiscate exhibits and vehicles used to commit administrative violations worth no more than the amount mentioned in Point b of this Clause;

d) Impose the remedial measures mentioned in Section 6 Chapter II herein.

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a) Issue warnings;

b) Impose fines of up to VND 75.000.000;

c) Confiscate exhibits and vehicles used to commit administrative violations;

d) Impose the remedial measures mentioned in Section 6 Chapter II herein.

Article 42. Power to impose penalties of Coast Guard

Coast Guard has the power to impose penalties upon the violations mentioned in Sections 6 and 7 Chapter II of this Decree. To be specific:

1. On-duty coast guard officers have the rights to:

a) Issue warnings;

b) Impose fines of up to VND 1.500.000.

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a) Issue warnings;

b) Impose fines of up to VND 3.700.000.

3. Coast guard squad leaders and captains of coastguard stations have the rights to:

a) Issue warnings;

b) Impose fines of up to VND 7.500.000;

c) Impose the remedial measures mentioned in Points a and b Clause 7 Article 27, Clause 4 Article 28 and Clause 3 Article 29 Section 6 Chapter II herein.

4. Heads of coast guard platoons have the rights to:

a) Issue warnings;

b) Impose fines of up to VND 15.000.000;

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d) Impose the remedial measures mentioned in Section 6 Chapter II herein.

5. Heads of coast guard squadrons have the rights to:

a) Issue warnings;

b) Impose fines of up to VND 22.500.000;

c) Confiscate exhibits and vehicles used to commit administrative violations worth no more than the amount mentioned in Point b of this Clause;

d) Impose the remedial measures mentioned in Section 6 Chapter II herein.

6. Commanding officers of coast guard regions have the rights to:

a) Issue warnings;

b) Impose fines of up to VND 37.500.000;

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d) Impose the remedial measures mentioned in Section 6 Chapter II herein.

7. Commander of Vietnam Coast Guard has the rights to:

a) Issue warnings;

b) Impose fines of up to VND 75.000.000;

c) Confiscate exhibits and vehicles used to commit administrative violations;

d) Impose the remedial measures mentioned in Section 6 Chapter II herein.

Article 43. Power to issue notices of administrative violations against national defense regulations

1. Persons having power to impose penalties mentioned in Articles 37, 38, 39, 40, 41 and 42 of this Decree.

2. On-duty professional servicemen, servicewomen and police officers.

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Chapter 3.

ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON CRYPTOGRAPHY

SECTION 1. ADMINISTRATIVE VIOLATIONS AGAINST CRYPTOGRAPHY REGULATIONS AND PENALTY TYPES AND REMEDIAL MEASURES THEREOF

Article 44. Violations against regulations on use of cryptographic products not provided by Government Cipher Commission to protect information pertaining to state secrets

1. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed upon use of cryptographic techniques and products not provided by Government Cipher Commission to protect information pertaining to state secrets.

2. Additional penalty: confiscation of cryptographic techniques and products used for the violation mentioned in Clause 1 herein.

Article 45. Violations against regulations on state secret protection during transmission of confidential information via information or telecommunications equipment or storage of confidential information using electronic or computer devices without encryption using keys provided by cryptography forces

1. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed upon the following violations:

a) Failure to encrypt state secret information transmitted via information or telecommunications equipment using keys provided by cryptography forces;

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2. Remedial measures: enforced use of technical and professional measures of Government Cipher Commission to ensure safety and confidentiality of state secret information transmitted via information or telecommunications equipment or stored in electronic or computer devices.

Article 46. Violations against regulations on period of ineligibility for cryptographic operations and regulations on production and provision of cryptographic products for protection of information pertaining to state secrets

1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed upon cryptography personnel who have retired, switched to another profession, moved to another workplace or resigned and participate in cryptographic activities of organizations and individuals outside of the cryptography sector within 5 years after the decision issuance date.

2. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed upon production and provision of cryptographic products to regulatory bodies and organizations for state secret protection without permission of Government Cipher Commission.

3. Additional penalty: confiscation of exhibits and instrumentalities used to commit the violations mentioned in Clause 2 herein.

SECTION 2. POWER TO IMPOSE PENALTIES UPON ADMINISTRATIVE VIOLATIONS AGAINST CRYPTOGRAPHY REGULATIONS

Article 47. Power to impose penalties of cryptography inspectorates

1. On-duty cryptography inspectors have the rights to:

a) Confiscate exhibits and vehicles used to commit administrative violations worth up to VND 500.000;

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2. Chief Government Cryptography Inspector and heads of cryptography inspectorates have the rights to:

a) Impose fines of up to VND 25.000.000;

b) Confiscate exhibits and vehicles used to commit administrative violations worth up to VND 25.000.000;

c) Impose the remedial measures mentioned in Section 1 Chapter III herein.

Article 48. Power to impose penalties of Head of Government Cipher Commission

Head of Government Cipher Commission has the power to:

1. Impose fines of up to VND 50.000.000;

2. Confiscate exhibits and vehicles used to commit administrative violations;

3. Impose the remedial measures mentioned in Section 1 Chapter III herein.

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1. Persons having power to impose penalties mentioned in Articles 47 and 48 of this Decree.

2. On-duty cryptography personnel.

Chapter 4.

IMPLEMENTATION CLAUSE

Article 50. Effect

This Decree takes effect from November 22, 2013 and supersedes the Government’s Decree No. 151/2003/ND-CP dated December 09, 2003 on penalties for administrative violations against regulations on national defense.

Article 51. Transitional clauses

1. Administrative violations against national defense regulations committed prior to the entry into force of this Decree and discovered afterwards or under consideration shall be handled according to regulations of this Decree if the application of this Decree is favorable to the individuals and organizations committing these violations.

2. For complaints against administrative penalty decisions issued or executed prior to the entry into force of this Decree filed by individuals or organizations incurring such administrative penalties, these complaints shall be handled according to regulations of the Ordinance on Handling of Administrative Violations and Decree No. 151/2003/ND-CP.

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1. The Minister of National Defense shall provide guidelines for the implementation of this Decree.

2. Ministers, heads of Ministerial-level agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities shall implement this Decree.

P.P. THE GOVERNMENT
THE PRIME MINISTER




Nguyen Tan Dung