Tiếng Việt| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No. 24-CP | Hanoi ,April 18, 1996 |
ON THE SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS IN DEFENSE WORK
THE GOVERNMENT
Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Ordinance on the handling of administrative violations of July 6, 1995;
At the proposal of the Minister of Defense,
DECREES:
Article 1.- Liability to sanctions against administrative violations in defense work:
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If it is necessary to apply the punitive form of stripping armymen and defense workers and employees of a number of licenses granted by the army for operation for the purpose of defense and security, the authorized person shall inform and propose the army unit which has granted the licenses to handle the case as stipulated in Point (b) of Item 1, Article 5, of the Ordinance on the handling of administrative violations.
Article 2.- The principles for administrative sanctions in defense work:
1. The People’s Committees at various levels, the People’s Police, the market control force, and the defense inspectors at various levels shall handle administrative sanctions against administrative violations as provided for by law.
2. Any administrative violation in defense work must be promptly discovered and must be immediately stopped. The sanctioning must be quickly and fairly delivered, and all its consequences must be overcome as stipulated; the organization or individual that has caused material damage by its/his/her administrative violation must pay compensation as stipulated by law.
3. An administrative violation shall be sanctioned once. A person who has committed several administrative violations shall be fined for each violation. The authorized person shall decide the punitive form of sanction for each violation.
If many persons commit an administrative violation, each of them shall be sanctioned.
4. The handing of administrative sanction shall be based on the character and seriousness of the violation, the personality, the attenuating factors and the aggravating factors stipulated in Articles 7 and 8 of the Ordinance on the handling of administrative violations to decide the suitable form and measures of sanction.
5. No administrative sanction shall be meted out in cases of emergency, legitimate self-defense, contingent situations or for an administrative violation committed by a person suffering from mental disorder or other diseases which make him/her unconscious of his/her action or unable to control it.
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2. If the persons authorized to impose administrative sanction hassle, tolerate, protect, refuse to, or fail to do it promptly or justifiably, or abuse their powers in penalizing the guilty organization or individual, they shall be disciplined or examined for penal liability depending on the seriousness and character of the violation. If they cause material damage, they must make compensations as provided for by law.
FORMS OF SANCTION AGAINST ADMINISTRATIVE VIOLATIONS IN DEFENSE WORK
Article 4.- Violation of the stipulations on registration for military service:
1. A warning shall be served to the male citizens who are 17 years old, but who refuse to observe the stipulations on registration for military service.
2. A fine of from 50,000 VND to 200,000 VND shall be imposed on those male citizens within the military service age 18 to 45 years old who have or have not yet served in the Vietnam People’s Army, or have ceased serving in the People’s Police Force; female citizens from 18 years to 40 years old whose skills are needed by the army, and who are duty bound to register for readiness to join the military service, the reserve forces of grade 1 and grade 2, but who fail to correctly observe the stipulations on the first registration, supplementary registration, transfer registration, registration for long-term absence, separate registration for military service, and registration for demobilization from the reserve forces according to the stipulations on registration for military service.
3. In addition to the fines, the guilty persons still have to implement the stipulations on registration for military service.
Article 5.- Violation of the stipulations on health check:
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2. A fine of from 200,000 VND to 600,000 VND shall be imposed on any act of cheating or bribing the medical staff in order to avoid military service but which is not yet serious enough to be examined for penal liability.
3. In addition to the fines, the guilty persons still have to implement the stipulations on health check according to the plan of the Military Service Councils of districts, precincts, provincial capitals and cities in provinces.
1. A fine of from 100,000 VND to 500,000 VND shall be imposed on those citizens who have received the order for military service or the order of mobilization, but who fail to be present at the time or the place designated in the order without plausible reasons.
2. Those who have failed to strictly observe the order for military service or the order of mobilization and who have been fined are still liable to the military service call-up or the mobilization order as provided for by law.
1. A fine of from 50,000 VND to 300,000 VND shall be imposed on those reserve armymen who have received the order to be present for training, to be present for checking military service readiness, combat readiness, but who fail to be present at the time and the place designated in the order without plausible reasons.
2. The fined persons must still observe the order to be present for training, to be present for checking combat readiness according to the plan of the authorized agency.
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2. A fine of from 300,000 VND to 1,000,000 VND shall be imposed on those who deliberately cause difficulties to or hinder the authorized persons from carrying out the stipulations on the fulfillment of military service duty but not seriously enough to be examined for penal liability.
3. Those persons in power who abuse their title and powers to cause difficulties to or hinder citizens or the authorized persons from carrying out the stipulations on military service, or armymen from doing so, shall be disciplined.
Article 9.- Objection to or failure to carry out the stipulations on military service:
1. A fine of from 500,000 VND to 2,000,000 VND shall be imposed on those State agencies, social organizations or economic organizations which fail to give time to or create conditions for citizens to register for military service, to carry out the order for health check, the call-up, the order to be present for training, the order to be present for checking military service readiness and combat readiness; which fail to file the list of male citizens of 17 years of age; which fail to report the number of reserve armymen and persons ready for military service in their agency or organization within the set time limit, or which act counter to or fail to perform other tasks stipulated by the Law on Military Service for State agencies and organizations.
2. Those State agencies or organizations subject to fines must observe the fining decision, and at the same time find out the person in their organization who is directly responsible for administrative violation while on mission in order to examine the liability for discipline and for compensation for damage as provided for by law.
1. A warning shall be served to the offenders who have volunteered to join the army, but who are temporarily deferred from the call-up, or who are classified invalid armymen, or who have continually served in the army beyond the term of service set by the Law on Military Service, or who are armywomen.
2. A fine of from 300,000 VND to 500,000 VND shall be imposed on those persons who are not in the categories mentioned in Point (1) of this Article, and who are first time offenders.
3. Those persons who have been fined as stipulated in this Article must return to the army. The local People’s Committee and army units have the responsibility to urge them and take measures to force them to return to the unit. The army units shall have to arrange and create conditions for them to fulfill their term of active military service.
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1. A fine of from 50,000 VND to 200,000 VND shall be imposed on those reserve officers who when being transferred to work or residing in the locality fail to register with the local military service their place of residence or the address of their permanent office.
2. In addition to the fine, the guilty reserve officers must register as stipulated.
Article 12.- Failing to register the technical means which should be mobilized for the army:
1. A fine of from 300,000 VND to 1,000,000 VND shall be imposed on those organizations or individuals that are in the possession of the technical means mentioned in the list of reserve technical means which should be mobilized and supplemented for the regular armed forces for training and for mobilization of reserve forces, but who fail to observe the regime and procedure of registration.
2. In addition to the fine, these organizations or individuals must observe the regime of registering their technical means.
Article 13.- Failure to observe the order for mobilizing technical means:
1. A fine of from 500,000 VND to 2,000,000 VND shall be imposed on those organizations or individuals whose technical means have been listed in the reserve unit for mobilization, but who fail to observe the order for conducting a military exercise, or the order for checking combat readiness in peace time.
2. A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed on those organizations or individuals who fail to observe the order for mobilizing technical means as required by national defense in war time.
3. A fine of from 2,000,000 VND to 6,000,000 VND shall be imposed on those organizations and individuals who fail to observe the order for mobilizing supplementary technical means for the army when the mobilization order has been issued, but not seriously enough to be examined for penal liability.
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Section 2. FORMS OF SANCTION AGAINST ON VIOLATIONS IN THE MANAGEMENT AND BUILDING OF MILITIA
1. A fine of from 100,000 VND to 500,000 VND shall be imposed on those persons who evade service in the militia, or hinder the building of the militia.
2. A fine of from 200,000 VND to 1,000,000 VND shall be imposed on those persons who hinder officers and militiamen from doing their duty of patrolling, guarding, or tracking down law breakers.
3. A fine of from 300,000 VND to 1,000,000 VND shall be imposed on those persons who are opposed to the building of the militia but not seriously enough to be examined for penal liability.
Article 15.- Violation of the stipulations on the organization and use of militia forces:
1. A fine of from 200,000 VND to 1,000,000 VND shall be imposed on those organizations or individuals who mobilize and use the militia force to do a duty outside to its function and task.
2. A fine of from 500,000 VND to 2,000,000 VND shall be imposed on those organizations or individuals that abuse their titles and powers in organizing the militia force contrarily to law, but not seriously enough to be examined for penal liability.
3. In addition to the fine, those organizations or individuals that violate Point 1 of this Article must stop mobilizing and using the militia force as such.
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1. A fine of from 50,000 VND to 200,000 VND shall be imposed on one of the following violations:
a/ Abusing ones name to act contrarily to the duty assigned.
b/ Showing irresponsibility in performing ones task and causing public disorder or causing material losses or damage, but such violation is not serious enough to be examined for penal liability.
2. A fine of from 100,000 VND to 500,000 VND shall be imposed on those persons who illegally use weapons, but not seriously enough to be examined for penal liability, or who willingly lend their weapons to other persons (except in combat duty).
3. A fine of from 500,000 VND to 1,000,000 VND shall be imposed on those persons who due to irresponsibility cause damage to or lose their weapons or equipment, but not seriously enough to be examined for penal liability.
4. In addition to the fine, those who violate the stipulations in this Article must also pay compensation for the damage, and if they violate Points 2 and 3 of this Article, they will be stripped of their permits to use weapons.
1. A warning shall be served to those who unintentionally enter, go out of or move about in the forbidden area or the protected area of defense works or military zones.
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a/ From 50,000 VND to 200,000 VND shall be imposed on those who intentionally enter, go out of or move about in the protected area of defense works or military zones for the first time, without committing any other violations.
b/ From 300,000 VND to 1,000,000 VND shall be imposed on those who intentionally enter, go out of or move about in the forbidden area of defense works or military zones without a permit from the authorized agency.
1. A fine of from 200,000 VND to 1,000,000 VND shall be imposed on those who shoot films, take photos or draw pictures in the forbidden area without a permit from the authorized level.
2. A fine of from 100,000 VND to 500,000 VND shall be imposed on those who shoot films, take photos, or draw a map of the protected area of defense works or military zones without a permit from the level in charge of the project.
3. A fine of from 50,000 VND to 200,000 VND shall be imposed on those who shoot films, take photos, or draw a map in the safety corridor of defense works or military zones without a permit from the authorized level.
4. In addition to the fine, those persons who violate the stipulations in this Article shall have their means and exhibits confiscated.
1. A fine of from 500,000 VND to 2,000,000 VND shall be imposed on those who study the position, effect, structural contents and take note of the figures concerning defense works or military zones not in accordance with their function and task and without a permit from the authorized level, but such violation is not yet serious enough to be examined for penal liability.
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Article 20.- Spreading news about defense works or military zones:
A fine of from 500,000 VND to 2,000,000 VND shall be imposed on those who spread news revealing the secrecy of defense works or military zones, or the places where defense works or military zones are located, but not seriously enough to be examined for penal liability.
1. A fine of from 1,000,000 VND to 5,000,000 VND shall be imposed on those who encroach on the land and exploit earth or rock on top of, around or under defense projects or military zones; who fell or destroy camouflage trees in defense works or military zones, or encroach on the landmarks or signs of the area.
2. In addition to the fine, the offender must restore the original state of the defense works or military zone, and pay compensations for the damage caused by the violation.
Article 22.- Dismantling and damaging defense works:
1. A fine of from 10,000,000 VND to 50,000,000 VND shall be imposed on those who dismantle and damage the foundation, walls, frame works, floor and equipment of defense works and projects in the civilian defense system but not seriously enough to be examined for penal liability.
2. In addition to the fine, the offender must restore the original state of the defense works and pay compensations for the damage caused by the violation.
Article 23.- Illegal use of defense works:
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2. In addition to the fine, the offender must restore the original state of the defense works or military zone, and pay compensations for the damage caused by the violation.
Article 24.- Building projects and installing equipment affecting defense works and military zones:
1. A fine of from 5,000,000 VND to 20,000,000 VND shall be imposed on those who build projects without getting the approval of the agency directly in charge of defense works or military zones, and without a permit from the authorized level, affecting defense works or military zones.
2. A fine of from 500,000 VND to 2,000,000 VND shall be imposed on those who install equipment, affecting the structure, effect, safety and secrecy of defense works or military zones.
3. In addition to the fine, the offender must still dismantle the project illegally built, remove the equipment, and pay compensations for the damage caused by the violation.
Article 25.- Letting waste matter or toxic substances penetrate and cause damage to defense works:
1. A fine of from 1,000,000 VND to 5,000,000 VND shall be imposed on those who dump garbage or other waste matter into or beside defense works, store or use chemical substances, discharge toxic substances or waste matter in the area of defense works, which erode defense works or destroy its structure or equipment.
2. In addition to the fine, the offender must repair the project and pay compensations for the damage caused by the violation.
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1. A fine of from 1,000,000 VND to 5,000,000 VND shall be imposed on those who store, circulate or illegally buy and sell the number plates of military transport means and vehicles (real or fake).
2. A fine of from 2,000,000 VND to 5,000,000 VND shall be imposed on those who illegally use the number plates of military transport means or who disguise their transport means or vehicles as military ones.
3. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed on those who illegally produce number plates of military transport means and vehicles.
4. In addition to the fine, the guilty organization or individual must also:
a/ Have their exhibits confiscated for violating Point 1 of this Article.
b/ Be stripped of the right to use their license for up to 6 months for violating Point 2 of this Article.
c/ Have their means and exhibits confiscated for violating Point 3 of this Article.
Article 27.- Violation of the stipulations in the management of military equipment:
1. A fine of from 100,000 VND to 500,000 VND shall be imposed on those who unlawfully wear military uniform with army badge, stripe, badge and a conifer branch, or unlawfully buy and sell a negligible quantity of formal dress, ordinary army uniform, combat uniform, uniform of specialized services with army badge, badge, stripe, conifer branch, cap and combat helmet, and use other military equipment exclusively reserved for the armymen on mission.
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3. In addition to the fine, the offenders shall:
a/ Have their army uniforms confiscated for violating Point 1 of this Article.
b/ Have their means and exhibits confiscated for violating Point 2 of this Article.
POWERS AND PROCEDURE TO SANCTION ADMINISTRATIVE VIOLATIONS IN DEFENSE WORK
The Presidents of the People’s Committees of different levels can impose fines within their powers stipulated in Articles 26, 27 and 28 of the Ordinance on the handling of administrative violations in the area under their management with regard to violations mentioned in this Decree.
Article 29.- The powers of the Defense Inspectors in sanctioning administrative violations:
1. The Defense Inspectors can sanction administrative violations mentioned in this Decree and administrative violations in the management and use of land exclusively reserved for defense work, in the management of dwelling houses being managed by the army according to current regulations of the Government.
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- Serve a warning;
- Impose a fine of up to 200,000 VND;
- Confiscate the exhibits and means used in committing an administrative violation with a total value of up to 500,000 VND;
- Force the restoration of the original state of things which has been changed by the administrative violation, or force the dismantling of the project illegally built.
b/ The Chief Defense Inspectors of the provinces and cities under the Central Government can:
- Serve a warning;
- Impose a fine of up to 10,000,000 VND;
- Confiscate the exhibits and means used in committing the administrative violation;
- Force the restoration of the original state of things which has been changed by the administrative violation, or force the dismantling of the project illegally built;
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c/ The General Inspector of the Defense Ministry can:
- Serve a warning;
- Impose a fine of up to 20,000,000 VND;
- Apply the forms of supplementary fining and other measures stipulated in Item 2 and Item 3 of Article 11 of the Ordinance on the handling of administrative violations.
Article 30.- The powers of the police in fining administrative violations:
The People’s Police can impose fines within its powers stipulated in Article 29 of the Ordinance on the handling of administrative violations with regard to administrative violations in the management and protection of defense works or military zones, violations in the use of number plates of military vehicles and in the management of army uniforms stipulated in this Decree.
Article 31.- The powers of the market control agency in sanctioning administrative violations:
The market control force can impose sanctions as stipulated in Article 33 of the Ordinance on the handling of administrative violations with regard to the violations in the management of military uniforms stipulated in this Decree.
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Those individuals and organizations who are fined for committing administrative violations in defense work must pay the fine at the designated place. If they try to evade it or pay it not within the set time limit, they shall be compelled to do it as provided for by law.
Those who impose fines are strictly forbidden to collect the fine on the spot.
Article 34.- The order and procedure of fining:
The order and procedure of fining must comply with the stipulations of the Ordinance on the handling of administrative violations.
With regard to violations of the stipulations in the implementation of the Law on Military Service, the building of reserve forces for mobilization, and the management and building of militia, the heads of the militia forces of communes, districts and provinces in cooperation with the police service of the same level shall make a report to the President of the People’s Committee of the same level and suggest him to impose a fine within his powers.
Article 35.- Forcible application of the sanctioning decision on administrative violations:
1. If those individuals or organizations sanctioned for administrative violations refuse to comply with the sanctioning decision, they shall be compelled to do it by the measures stipulated in Article 55 of the Ordinance on the handling of administrative violations.
2. The person authorized to impose fines can issue a decision forcing compliance and must have it enforced.
3. The People’s Police Force must carry out the decision on forcible application of the People’s Committee of the same level, and cooperate with other State agencies to organize the implementation of their decision on forcible application upon request.
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5. Any individual or organization forced to comply must pay for all expenses on the application of compulsory measures.
Article 36.- Complaints and denunciation:
a/ Those individuals or organizations sanctioned for administrative violations or their legitimate representative can lodge complaints about the sanctioning decisions as stipulated in Chapter VIII of the Ordinance on the handling of administrative violations.
b/ All citizens can denounce the administrative violations of individuals and organizations and the violations of the persons authorized to impose sanctions against administrative violations to the authorized State agencies.
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ON BEHALF OF THE GOVERNMENT,
THE PRIME MINISTER
,
Vo Van Kiet