THE
NATIONAL ASSEMBLY
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
------------
|
No:
44/2002/PL-UBTVQH10
|
Hanoi,
July 02, 2002
|
ORDINANCE
ON HANDLING OF ADMINISTRATIVE VIOLATIONS
(No. 44/2002/PL-UBTVQH10 of July 2, 2002)
In order to prevent and combat administrative
violations, contributing to maintaining security, social order and safety,
protecting the interests of the State as well as the legitimate rights and interests
of individuals and organizations, enhancing the socialist legislation and
raising the State management effectiveness;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam,
which was amended and supplemented under Resolution No. 51/2001/QH10 of
December 25, 2001 of the Xth National Assembly, the 10th session;
Pursuant to the Resolution of the Xth National Assembly, 10th session, on
the 2002 law- and ordinance-making program;
This Ordinance prescribes the handling of administrative violations.
Chapter I
GENERAL PROVISIONS
Article 1.- Handling of
administrative violations
1. Handling of administrative violations shall
include the administrative sanctions and other administrative handling
measures.
2. The administrative sanctions shall apply to
individuals, agencies and organizations (hereinafter referred collectively to
as individuals and organizations), that intentionally or unintentionally commit
acts of violating law provisions on State management, which, however, do not
constitute crimes and, as required by law, must be administratively sanctioned.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 2.- Competence
to prescribe acts of administrative violation and the regime of application of
other administrative handling measures
The Government shall prescribe acts of
administrative violation, sanctioning forms, consequence-overcoming measures
applicable to each act of administrative violation in the field of State
management; prescribe the regime of application of measure of education at
communes, wards, district towns, sending to reformatories, education
establishments or medical treatment establishments, and placing under
administrative probation.
Article 3.- Principles
for handling administrative violations
1. All administrative violations must be detected
in time and stopped immediately. The handling of administrative violations must
be effected swiftly, fairly and absolutely; all consequences caused by
administrative violations must be overcome strictly according to law
provisions.
2. Individuals and organizations shall be
administratively sanctioned only when they commit administrative violations
prescribed by law.
Individuals shall be subject to the application
of other administrative handling measures only if they belong to one of the
subjects prescribed in Articles 23, 24, 25, 26 and 27 of this Ordinance.
3. The handling of administrative violations
must be effected by competent persons strictly according to law provisions.
4. An act of administrative violation shall be
administratively sanctioned only once.
If many persons commit the same act of
administrative violation, each of the violators shall be sanctioned.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
5. The handling of administrative violations
must be based on the nature and seriousness of the violations, the personal
identity of the violators and the extenuating as well as aggravating
circumstances in order to decide on appropriate handling forms and measures.
6. Administrative violations committed in cases
of emergency circumstances, legitimate self-defense, unexpected incident or in
cases where the violators are suffering from mental diseases or other ailments,
which deprive them of the capability to be aware of or control their acts.
Article 4.- Responsibilities
to combat, prevent and oppose administrative violations
1. Agencies, organizations and all citizens must
strictly abide by the law provisions on handling of administrative violations.
Agencies and organizations are obliged to educate their members in the sense of
defending and abiding by laws, the rules of social life, and take prompt
measures to preclude causes and conditions for committing administrative
violations in their agencies and organizations.
2. Upon detection of any administrative
violations, the persons with competence to handle administrative violations
shall have to handle such violations strictly according to the provisions of
law.
It is strictly forbidden to abuse ones positions
and/or powers to harass, tolerate, cover up and/or unseverely and unjustly
handle administrative violations.
3. Citizens have the rights and obligations to
detect, denounce all acts of administrative violations and acts of law offenses
committed by persons competent to handle administrative violations.
4 The Vietnam Fatherland Front Committee and the
Front’s member organizations shall, within the ambit of their respective
functions, tasks and powers, have to supervise the law observance in handling
administrative violations.
Article 5.- Supervision
and inspection in handling of administrative violations
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. The heads of State bodies shall have to
regularly inspect the handling of administrative violations by persons
competent to handle administrative violations under their respective
management, timely handle law offenses and settle complaints and denunciations
in the handling of administrative violations according to law provisions.
Article 6.- Subjects
handled for administrative violations
1. The subjects sanctioned for administrative
violations include:
a) Persons aged between full 14 and under 16
shall be administratively sanctioned for intentional administrative violations;
persons aged full 16 or older shall be administratively sanctioned for all
administrative violation acts they have committed.
Active-service army men, reserve army men during
the time of concentrated training and persons of the people’s police force, who
commit administrative violations, shall be handled like other citizens; in
cases where it is necessary to apply the sanctioning form of stripping off the
right to use a number of operation permits for defense and security purposes,
the sanctioning persons shall not directly handle but propose the competent
agencies, army units or police units to handle according to discipline regulations;
b) Organizations shall be administratively
sanctioned for all administrative violations they have committed. After serving
the sanctioning decisions, the sanctioned organizations shall determine
individuals who have committed the administrative violations in order to
determine their legal liability according to law provisions;
c) Foreign individuals and organizations that
commit administrative violations within the territory, the exclusive economic
zone and/or continental shelf of the Socialist Republic of Vietnam shall be
administratively sanctioned according to the provisions of Vietnamese laws,
except otherwise provided for by international treaties which the Socialist
Republic of Vietnam has signed or acceded to.
2. Subjects liable to the application of other
administrative handling measures are persons defined in Articles 23, 24, 25, 26
and 27 of this Ordinance.
The other administrative handling measures
prescribed in this Ordinance shall not apply to foreigners.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Persons aged between full 14 and under 16 who
commit administrative violations shall be sanctioned with warning.
Persons aged between full 16 and under 18 who
commit administrative violations may be subject to the application of the
administrative-violation sanctioning forms prescribed in Article 12 of this
Ordinance. When imposing fines on them, the fine levels must not exceed half of
the fine levels applicable to the majors; where they have no money to pay the
fines, their parents or guardians shall have to pay instead.
2. Minors who commit acts of law offenses
prescribed in Clause 2 of Article 23, Clause 2 of Article 24, Point b, Clause
2, Article 26 of this Ordinance shall be handled according to the regulations
therein.
3. Minors who commit administrative violations
thus causing damage shall have to pay the compensations therefor according to
the provisions of law.
Article 8.- Extenuating
circumstances
1. The following circumstances shall be the
extenuating circumstances:
a) The violators have prevented or reduced harms
done by the violations or volunteer to overcome the consequences, pay
compensations;
b) The violators have voluntarily reported their
violations, honestly repenting their mistakes;
c) The violators commit violations in the state
of being spiritually incited by other persons illegal acts;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
e) The violators are pregnant women, old and
weak persons, persons suffering from ailment or disability which restrict their
capacity to perceive or to control their acts;
f) The violators commit violations due to
particularly difficult plights brought upon them not by themselves;
g) The violations are committed due to backwardness.
2. Apart from the circumstances prescribed in
Clause 1 of this Article, the Government may define others as the extenuating
circumstances in documents prescribing the sanctioning of administrative
violations.
Article 9.- Aggravating
circumstances
Only the following circumstances are aggravating
circumstances:
1. The violations are committed in an organized
manner;
2. The violations are committed many times in
the same domain or repeated in the same domains;
3. Inciting, dragging minors to commit
violations, forcing materially or spiritually dependent persons to commit
violations;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
5. Abusing one’s positions and powers to commit
violations;
6. Taking advantage of war, natural disaster
circumstances or other special difficulties of the society to commit
violations;
7. Committing violations while serving criminal
sentences or decisions on handling of administrative violations;
8. Continuing to commit administrative
violations though the competent persons have requested the termination of such
acts;
9. After the violations, having committed acts
of fleeing or concealing the administrative violations.
Article 10.- Statute of
limitations for handling of administrative violations
1. The statute of limitations for sanctioning an
administrative violation shall be one year as from the date such administrative
violation is committed; for administrative violations in the fields of finance,
securities, intellectual property, construction, environment, radiation safety
and control, dwelling houses, land, dykes, publication, export, import, exit,
entry or administrative violations being acts of smuggling, producing and/or
trading in fake goods, the statute of limitations shall be two years; past the
above-mentioned time limits, no sanction shall be imposed but other
consequence-overcoming measures prescribed at Points a, b, c, d and e of Clause
3, Article 12 of this Ordinance shall still apply.
If the persons with sanctioning competence are
at fault in letting the statue of limitations for sanctioning administrative
violations expire, they shall be handled according to the provisions in Article
121 of this Ordinance.
2. For individuals who were sued, prosecuted or
got decisions to be brought to trial according to criminal procedures, but
later got decisions to suspend investigation or suspend the cases where acts of
violation show signs of administrative violations, they shall be
administratively sanctioned; within three days as from the date of issuing the
decisions to suspend the investigation, suspend the cases, the decision issuers
must send the decisions to the persons with sanctioning competence; for this
case, the statute of limitations for sanctioning administrative violations
shall be three months as from the date the persons with sanctioning competence
receive the suspension decisions and the dossiers on the violations.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. The statute of limitations for application of
other administrative handling measures are prescribed in Articles 23, 24, 25
and 26 of this Ordinance.
Article 11.- Time
limits for being considered not yet administratively sanctioned
1. One year as from the date of completely
serving the sanctioning decisions or the date of expiry of the statute of
limitations for executing the sanctioning decisions, if the individuals and
organizations sanctioned for administrative violations do not repeat their
violations, they shall be considered not yet being administratively sanctioned.
2. Two years as from the date of completely
serving the handling decisions or the date of expiry of the statute of
limitations for executing the handling decisions, if the individuals subject to
the application of other administrative handling measures do not commit acts
prescribed in Articles 23, 24, 25, 26 and 27 of this Ordinance, they shall be
considered not yet subject to the application of those measures.
Chapter II
FORMS OF SANCTIONING
ADMINISTRATIVE VIOLATIONS AND MEASURES TO OVERCOME CONSEQUENCES
Article 12.- Forms of
sanctioning administrative violations and measures to overcome consequences
1. For each act of administrative violation, the
violating individuals or organizations must be subject to one of the following
principal sanctioning forms:
a) Warning;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Depending on the nature and seriousness of
their violations, individuals and/or organizations that commit administrative
violations may also be subject to the application of one or both of the
following additional sanctioning forms:
a) Stripping off the right to use permits,
professional practice certificates;
b) Confiscating material evidences and/or means
used to commit administrative violations.
3. Apart from the sanctioning forms prescribed
in Clauses 1 and 2 of this Article, the violating individuals and organizations
may also be subject to the application of one or many of the following
consequence-overcoming measures:
a) Forcible restoration of the initial state
altered due to the administrative violations or forcible dismantling of
illegally constructed works;
b) Forcible application of measures to overcome
the environmental pollution, epidemic spreads, caused by the administrative
violations;
c) Forcible bringing out of the Vietnamese
territory or forcible re-export of goods, articles and means;
d) Forcible destruction of articles which cause
harms to human health, domestic animals and cultivated plants, and harmful
cultural products;
e) Other measures prescribed by the Government.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 13.- Warning
Warning shall be applied to individuals and
organizations that commit minor administrative violations for the first time
with extenuating circumstances or to acts of administrative violation committed
by minors aged between full 14 and under 16. Warning shall be decided in
writing.
Article 14.- Fines
1. The fine levels in sanctioning administrative
violations range from VND 5,000 to VND 500,000,000.
2. Depending on the nature and seriousness of
violations, the maximum fine levels in the field of State management are
prescribed as follows:
a) A fine of up to VND 20,000,000 shall apply to
acts of administrative violation in the fields of social order and safety;
traffic works management and protection; irrigation works management and
protection; labor; measurement and goods quality; accounting; statistics;
justice; social insurance;
b) A fine of up to VND 30,000,000 shall apply to
acts of administrative violation in the fields of land road and waterway
traffic order and safety; culture and information; tourism; social 0evils
prevention and combat; land; dykes and flood as well as storm prevention and
fighting; health; pricing; electricity; plant protection and quarantine;
aquatic resource protection; veterinary; forest and forest product management
and protection; defense; security;
c) A fine of up to VND 70,000,000 shall apply to
acts of administrative violation in the fields of trade; customs; environmental
protection; radiation safety and control; railways traffic order and safety;
construction; post, telecommunications and radio frequencies; securities;
banking; technology transfer;
d) A fine of up to VND 100,000,000 shall apply
to acts of administrative violation in the fields of minerals; intellectual
property; maritime; civil aviation; taxation (except otherwise provided for by
tax laws);
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. For acts of administrative violation in the
State management fields not yet prescribed in Clause 2 of this Article, the
Government shall stipulate the fine levels which, however, shall not exceed VND
100,000,000.
Article 15.- Expulsion
Expulsion means compelling foreigners who have
committed acts of violating Vietnamese law to leave the territory of the Socialist
Republic of Vietnam.
The Government shall prescribe the expulsion
procedures.
Article 16.-
Deprivation of the right to use licenses, professional practice certificates
The definite or indefinite deprivation of the
right to use licenses or professional practice certificates shall apply to
individuals and organizations that have seriously violated the provisions on
the use of licenses and/or professional practice certificates. While being
deprived of the right to use licenses and/or professional practice
certificates, individuals and organizations must not carry out activities
prescribed in the licenses or professional practice certificates.
Article 17.-
Confiscation of material evidences and means used for commission of
administrative violations
1. Confiscating material evidences and means
used to commit administrative violations means the requisition of things,
money, goods and/or means directly involved in the administrative violations
into the State fund.
2. Not confiscating material evidences and/or
means which have been appropriated or used illegally but returning them to
their lawful owners, managers or users.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Individuals and organizations must restore the
initial state altered due to their administrative violations or must dismantle
works they have constructed illegally; if violating individuals and/or
organizations fail to do so voluntarily, coercive measures shall be applied.
The violating individuals and/or organizations shall bear all expenses for the
application of coercive measures.
Article 19.- Forcible
overcoming of environmental pollution or epidemic spread due to administrative
violations
Individuals and organizations committing
administrative violations must immediately stop their violation acts which
cause environmental pollution or epidemic spread and have to apply remedial
measures; if violating individuals and/or organizations fail to do so
voluntarily, coercive measures shall be applied. They shall have to bear all
expenses for the application of the coercive measures.
Article 20.- Forcible
bringing out of Vietnamese territory or forcible re-export of goods, articles,
means
Goods, articles and/or means which are
introduced into Vietnamese territory or imported in contravention of law
provisions or goods temporarily imported for re-export but not re-exported
under the provisions of law shall be forcibly taken out of Vietnamese territory
or re-exported. The violating individuals and organizations must bear all
expenses for the application of these measures.
Article 21.- Forcible
destruction of articles which cause harms to human health, domestic animals and
cultivated plants, and harmful cultural products
Articles which cause harms to human health,
domestic animals and cultivated plants, and harmful cultural products, which
are material evidences of administrative violations must be destroyed. If
violating individuals and/or organizations fail to do so voluntarily, coercive
measures shall be applied. The violating individuals and/or organizations must
bear all expenses for the application of coercive measures.
Chapter III
OTHER ADMINISTRATIVE
HANDLING MEASURES
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Other administrative handling measures include:
1. Education at communes, wards, district towns;
2. Sending to reformatories;
3. Sending to education establishments;
4. Sending to medical treatment establishments;
5. Administrative probation.
Article 23.- Education
at communes, wards, district towns
1. The education at communes, wards or district
towns shall be decided by presidents of the People’s Committees of communes,
wards or district towns (hereinafter referred collectively to as the
commune-level) and applicable to persons prescribed in Clause 2 of this Article
in order to educate and manage them at their residence places.
The time limits for application of the measure
of education at communes, wards or district towns shall range from three to six
months.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a) Persons aged between full 12 and under 16 who
have intentionally committed acts with signs of serious crimes prescribed in
the Penal Code;
b) Persons aged full 12 or older who have
repeatedly committed acts of petty larceny, petty swindle, petty gambling,
causing public disorder;
c) Drug addicts aged full 18 or older, regular
prostitutes aged full 14 or older and having given residence places;
d) Women aged over 55 and men aged over 60, who
have committed acts of law offense prescribed in Clause 2, Article 25 of this
Ordinance.
3. The statute of limitations for application of
measure of education at communes, wards or district towns shall be six months
as from the time of committing violation acts prescribed at Point a or from the
last time of committing the violation acts prescribed at Points b and c, Clause
2 of this Article; the above-said statute of limitations shall also apply to
cases prescribed at Point d, Clause 2 of this Article, as from the last time of
committing the violation acts prescribed in Clause 2, Article 25 of this
Ordinance.
4. The commune-level People’s Committee
presidents shall have to organize the implementation of measure of education at
communes, wards or district towns; coordinate with concerned local agencies and
organizations as well as families in managing and educating these subjects.
5. The Ministry of Public Security shall uniformly
direct the application of measure of education at communes, wards and district
towns.
Article 24.- Sending to
reformatories
1. The sending of minors who have committed acts
of law offense prescribed in Clause 2 of this Article to reformatories to have
their general education, vocational education, job training, labor and
activities under the management and education by the reformatories shall be
decided by presidents of the People’s Committees of rural districts, urban
districts, provincial capitals or towns (hereinafter referred collectively to
as the district level).
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Subjects to whom the measure of sending to
reformatories shall apply include:
a) Persons aged between full 12 and under 14,
who have committed acts with signs of very serious crimes or particularly
serious crimes, as prescribed in the Penal Code;
b) Persons aged between full 12 and under 16,
who have committed acts with signs of less serious crimes or serious crimes, as
prescribed in the Penal Code, and had previously been subject to the
application of measure of education at communes, wards or district towns or not
yet been subject to the application of this measure but having no given
residence places;
c) Persons aged between full 14 and under 18,
who have repeatedly committed acts of petty theft, petty swindle, petty
gambling, causing public disorder, and had previously been subject to the
application of measure of education at communes, wards or district towns or not
yet been subject to the application of this measure but have no given residence
places.
3. The statute of limitations for application of
measure of sending to reformatories are prescribed as follows:
a) One year as from the time of committing the
violation acts prescribed at Point a, Clause 2 of this Article;
b) Six months as from the time of committing
violation acts prescribed at Point b or from the last time of committing one of
the violation acts prescribed at Point c, Clause 2 of this Article.
4. The Ministry of Public Security shall set up
reformatories according to regions; in cases where localities have the demand,
the presidents of the People’s Committees of provinces or centrally- run cities
(hereinafter referred collectively to as the provincial level) shall propose
the Ministry of Public Security to set up reformatories in their localities.
The Ministry of Public Security shall uniformly
manage the reformatories and coordinate with the Ministry of Education and
Training, the Ministry of Labor, War Invalids and Social Affairs, the Vietnam
Committee for Child Protection and Care and the concerned agencies and
organizations in organizing and managing reformatories suitable to the age
groups of between full 12 and under 15 and between full 15 and under 18.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. The sending of persons who have committed
acts of law offense prescribed in Clause 2 of this Article to education
establishments to labor, have their general education, job training and
activities under the management of the education establishments shall be
decided by provincial-level People’s Committee presidents.
The time limits for application of measure of
sending to education establishments shall range from six months to two years.
2. Subjects to whom the measure of sending to
education establishments shall apply are persons who have committed acts of
infringing upon the properties of domestic or foreign organizations, the
properties, health, honor and/or dignity of citizens or foreigners, breaking
social order and safety regularly but not to the extent of being examined for
penal liability, and who have been subject to the application of measure of
education at communes, wards or district towns or not yet subject to the
application of this measure but have no given residence places.
Persons under 18, women of over 55 and men of
over 60 years old shall not be sent to education establishments.
3. The statute of limitations for application of
measure of sending to education establishments shall be one year as from the
last time of committing one of the violation acts prescribed in Clause 2 of
this Article.
4. The Ministry of Public Security shall set up
education establishments according to regions; where localities have the
demand, the provincial-level People’s Committee presidents shall propose the
Ministry of Public Security to set up education establishments in their
respective localities.
The Ministry of Public Security shall uniformly
manage the education establishments and coordinate with the Ministry of
Education and Training and the Ministry of Labor, War Invalids and Social
Affairs in organizing and managing the education establishments.
Article 26.- Sending to
medical treatment establishments
1. The sending of persons who have committed
acts of law offense prescribed in Clause 2 of this Article to medical treatment
establishments to labor, have their general education, job learning and medical
treatment under the medical treatment establishments management shall be
decided by the district-level People’s Committee presidents.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The medical treatment establishments must apply
measures to prevent and combat the spread of HIV/AIDS and other contagious
diseases.
The time limits for application of measure of
sending to medical treatment establishments shall range from one to two years
for drug addicts, and from three months to eighteen months for prostitutes.
2. Subjects to whom the measure of sending to
medical treatment establishments shall apply include:
a) Drug addicts aged full 18 or older who have
already been subject to the application of measure of education at communes,
wards or district towns, or have not yet been subject to the application of
this measure but have no given residence places;
b) Regular prostitutes aged full 16 or older,
who have been subject to the application of measure of education at communes,
wards or district towns or have not yet been subject to the application of this
measure but have no given residence places.
Prostitutes of under 16 or over 55 shall not be
sent to medical treatment establishments.
3. The statute of limitations for the
application of measure of sending to medical treatment establishments shall be
six months as from the last time of committing violation acts prescribed at
Points a and b of Clause 2 of this Article.
If within three months from the last time of
committing violation acts the violators make marked progress in the observance
of law, the measure of sending to medical treatment establishments shall not
apply.
4. The provincial-level People’s Committee
presidents shall set up and manage medical treatment establishments according
to provinces and centrally-run cities.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 27.- Administrative
probation
1. The administrative probation applicable to
persons who have committed acts of law offense detrimental to the national
security but not to the extent of being examined for penal liability shall be
decided by the provincial-level People’s Committee presidents. Persons put
under administrative probation must reside, work and earn their living in
certain localities and be subject to the management and education by the local
administration and people.
The administrative probation time limits shall
range from six months to two years.
2. Administrative probation shall not apply to
persons under 18.
3. The Ministry of Public Security shall
uniformly direct the administrative probation.
Chapter IV
COMPETENCE TO HANDLE
ADMINISTRATIVE VIOLATIONS
Article 28.- The
commune-level People’s Committee presidents competence to handle administrative
violations
The commune-level People’s Committee presidents
shall have the right to:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Impose fines of up to VND 500,000;
3. Confiscate material evidences and/or means
used for administrative violations, with value of up to VND 500,000;
4. Compel the restoration of initial state
altered due to administrative violations;
5. Compel the application of measure of
overcoming the environmental pollution or epidemic spread, caused by the
administrative violations;
6. Compel the destruction of articles which cause
harms to human health, domestic animals and cultivated plants; and harmful
cultural products;
7. Decide on the application of measure of
education at communes, wards or district towns.
Article 29.- The
district-level People’s Committee presidents competence to handle
administrative violations
The district-level People’s Committee presidents
shall have the right to:
1. Impose warning;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. Strip off the right to use licenses,
professional practice certificates under their jurisdiction;
4. Confiscate material evidences and/or means
used for administrative violations;
5. Apply consequence-overcoming measures
prescribed at Points a, b and d, Clause 3, Article 12 of this Ordinance;
6. Decide to apply measure of sending to
reformatories;
7. Decide to apply measure of sending to medical
treatment establishments.
Article 30.- The
provincial-level People’s Committee presidents competence to handle
administrative violations
The provincial-level People’s Committee
presidents shall have the right to:
1. Impose warning;
2. Impose fines of up to the maximum level for
fields prescribed in Clauses 2 and 3 of Article 14 of this Ordinance;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. Confiscate material evidences and/or means
used for administrative violations;
5. Apply consequence-overcoming measures
prescribed in Clause 3, Article 12 of this Ordinance;
6. Decide to apply measure of sending to
education establishments;
7. Decide to apply administrative probation
measure.
Article 31.- People’s
Police’s competence to handle administrative violations
1. People’s Police officers being on official
duty shall have the right to:
a) Impose warning;
b) Impose fines of up to VND 100,000.
2. The station heads and team heads of the
persons defined in Clause 1 of this Article shall have the right to:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b) Impose fines of up to VND 200,000.
3. The commune-level police chiefs may apply the
administrative violation- handling measures prescribed in Article 28 of this
Ordinance, except measure of education at communes, wards or district towns.
4. The district-level police chiefs shall have
the right to:
a) Impose warning;
b) Impose fines of up to VND 10,000,000;
c) Strip off the right to use licenses,
professional practice certificates under their jurisdiction;
d) Confiscate material evidences and/or means
used for administrative violations;
e) Apply the consequence-overcoming measures
prescribed at Points a, b and d of Clause 3, Article 12 of this Ordinance.
5. Heads of the Police Bureaus for
Administrative Management of Social Order, heads of Traffic Police Bureaus,
heads of the Fire-Fighting Police Bureaus, heads of the Economic Police
Bureaus, heads of the Criminal Police Bureaus, heads of Police Bureaus for
Prevention and Combat of Drug- Related Crimes, heads of the Exit and Entry
Management Bureaus, heads of the Mobile Police units of the company or higher
level operating independently, heads of the Police Stations at border gates or
export-processing zones, shall have the right to:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b) Impose fines of up to VND 10,000,000;
c) Strip off the right to use licenses,
professional practice certificates under their jurisdiction;
d) Confiscate material evidences and/or means
used for administrative violations;
e) Apply the consequence-overcoming measures
prescribed at Points a, b and d, Clause 3, Article 12 of this Ordinance.
6. The directors of the provincial-level Police
Departments shall have the right to:
a) Impose warning;
b) Impose fines of up to VND 20,000,000;
c) Strip off the right to use licenses,
professional practice certificates under their jurisdiction;
d) Confiscate material evidences and/or means
used for administrative violations;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
7. The director of the Police Department for
Administrative Management of Social Order, the director of the Traffic Police
Department, the director of the Fire-Fighting Police Department, the director
of the Economic Police Department, the director of the Criminal Police
Department, the director of Police Department for Prevention and Combat of
Drug-Related Crimes, the director of the Exit and Entry Management Department,
shall have the right to:
a) Impose warning;
b) Impose fines of up to the maximum levels in
the fields under their respective management as prescribed at Points a, b, c
and d of Clause 2 and Clause 3 of Article 14 of this Ordinance;
c) Strip off the right to use licenses,
professional practice certificates under their jurisdiction;
d) Confiscate material evidences and means used
for administrative violations;
e) Apply the consequence-overcoming measures
prescribed at Point a, b and d, Clause 3, Article 12 of this Ordinance.
8. The Minister of Public Security shall decide
on the application of the sanctioning form of expulsion.
Article 32.- Border
guards competence to handle administrative violations
1. Border guard combatants being on official
duties have the right to:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b) Impose fines of up to VND 100,000.
2. The team leaders of the persons prescribed in
Clause 1 of this Article have the right to:
a) Impose warning;
b) Impose fines of up to VND 200,000.
3. Border post chiefs, border flotilla
commanders and border sub-region commanders shall have the right to:
a) Impose warning;
b) Impose fines of up to VND 10,000,000;
c) Confiscate material evidences and/or means
used for administrative violations;
d) Apply the consequence-overcoming measures
prescribed at Points a, b and d, Clause 3, Article 12 of this Ordinance.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a) Impose warning;
b) Impose fines of up to the maximum level for
the fields under their respective management, as prescribed at Points a, b, c
and d of Clause 2 and Clause 3 of Article 14 of this Ordinance;
c) Confiscate material evidences and/or means
used for administrative violations;
d) Apply the consequence-overcoming measures
prescribed at Points a, b and d, Clause 3, Article 12 of this Ordinance.
Article 33.- Coast Guard’s competence to handle
administrative violations
1. Policemen of the Coast Guard operation teams,
being on official duties, shall have the right to:
a) Impose warning;
b) Impose fines of up to VND 200,000.
2. Heads of the operation units of the Coast
Guard shall have the right to:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b) Impose fines of up to VND 500,000.
3. Heads of the operation teams of the Coast
Guard shall have the right to:
a) Impose warning;
b) Impose fines of up to VND 2,000,000.
4. The Coast Guard flotilla captains shall have
the right to:
a) Impose warning;
b) Impose fines of up to VND 5,000,000;
c) Apply the consequence-overcoming measures
prescribed at Points a, b and d, Clause 3, Article 12 of this Ordinance.
5. The Coast Guard fleet commanders shall have
the right to:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b) Impose fines of up to VND 10,000,000;
c) Confiscate material evidences and means used
for administrative violations;
d) Apply the consequence-overcoming measures
prescribed at Points a, b and d, Clause 3, Article 12 of this Ordinance.
6. The Coast Guard region commanders shall have
the right to:
a) Impose warning;
b) Impose fines of up to VND 20,000,000;
c) Confiscate material evidences and means used
for administrative violations;
d) Apply the consequence-overcoming measures
prescribed at Points a, b and d, Clause 3, Article 12 of this Ordinance.
7. The director of the Coast Guard Department
shall have the right to:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b) Impose fines of up to the maximum levels for
the fields under his/her respective management, as prescribed at Clauses 2 and
3, Article 14 of this Ordinance;
c) Strip off the right to use licenses,
professional practice certificates under their jurisdiction;
d) Confiscate material evidences and means used
for administrative violations;
e) Apply the consequence-overcoming measures
prescribed at Points a, b and d, Clause 3, Article 12 of this Ordinance.
Article 34.- The
Customs competence to handle administrative violations
1. The Operation Team leaders under the Customs
Sub-Departments shall have the right to:
a) Impose warning;
b) Impose fines of up to VND 500,000.
2. The Customs Sub-Department heads, leaders of
the Inspection Teams of the provincial, inter-provincial, municipal Customs
Departments (hereinafter referred collectively to as the Customs Departments),
the Anti-Smuggling Inspection Team leaders and commanders of the Sea Control
Flotillas under the Anti-Smuggle Investigation Department of the General
Department of Customs shall have the right to:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b) Impose fines of up to VND 10,000,000;
c) Confiscate material evidences and/or means used
for administrative violations, with the value of up to VND 20,000,000.
3. The Customs Department directors shall have
the right to:
a) Impose warning;
b) Impose fines of up to VND 20,000,000;
c) Strip off the right to use licenses under
their jurisdiction;
d) Confiscate material evidences and/or means
used for administrative violations;
e) Apply the consequence-overcoming measures
prescribed at Points c and d, Clause 3, Article 12 of this Ordinance.
4. The director of the Anti-Smuggling
Investigation Department of the General Department of Customs shall have the
right to:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b) Impose fines of up to the maximum levels for
customs and taxation fields, as prescribed at Points c and d, Clause 2, Article
14 of this Ordinance;
c) Strip off the right to use licenses under
their jurisdiction;
d) Confiscate material evidences and/or means
used for administrative violations;
e) Apply the consequence-overcoming measures
prescribed at Points c and d, Clause 3, Article 12 of this Ordinance.
Article 35.- The Ranger
s competence to handle administrative violations
1. Ranger officers being on official duties
shall have the right to:
a) Impose warning;
b) Impose fines of up to VND 100,000.
2. Ranger Station chiefs shall have the right
to:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b) Impose fines of up to VND 2,000,000;
c) Confiscate material evidences and/or means
used for administrative violations, with the value of up to VND 10,000,000.
3. The heads of the Ranger units, the directors
of the Forest Products Re-Inspection Sub-Departments and leaders of the Mobile
Ranger teams shall have the right to:
a) Impose warning;
b) Impose fines of up to VND 10,000,000;
c) Confiscate of material evidences and/or means
used for administrative violations, with value of up to VND 20,000,000;
d) Compel the restoration of the initial state
altered due to the administrative violations.
4. Directors of the Ranger Sub-Departments shall
have the right to:
a) Impose warning;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c) Strip off the right to use licenses,
professional practice certificates under their jurisdiction;
d) Confiscate material evidences and/or means
used for administrative violations;
e) Apply the consequence-overcoming measures
prescribed at Points a, b and d, Clause 3, Article 12 of this Ordinance.
5. The director of the Ranger Department shall
have the right to:
a) Impose warning;
b) Impose fines of up to the maximum levels in
the field of forest and forest product management and protection prescribed at Point
b, Clause 2, Article 14 of this Ordinance;
c) Strip off the right to use licenses,
professional practice certificates under his/her jurisdiction;
d) Confiscate material evidences and/or means
used for administrative violations;
e) Apply the consequence-overcoming measures
prescribed at Points a, b and d, Clause 3, Article 12 of this Ordinance.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Except when the fine levels are otherwise
prescribed by law, the following persons shall have the rights:
1. Tax officials performing public duties shall
have the right to:
a) Impose warning;
b) Impose fines of up to VND 100,000.
2. The Tax Station chiefs and the Tax Team
leaders shall have the right to:
a) Impose warning;
b) Impose fines of up to VND 2,000,000.
3. The Tax Sub-Department heads shall have the
right to:
a) Impose warning;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c) Confiscate material evidences and/or means
used for administrative violations.
4. The Tax Department directors shall have the
right to:
a) Impose warning;
b) Impose fines of up to the maximum levels for
the taxation field prescribed at Point d, Clause 2, Article 14 of this
Ordinance;
c) Confiscate material evidences and/or means
used for administrative violations.
Article 37.- The Market
Management Force’s
competence to handle administrative violations
1. The market controllers being on official
duties shall have the right to:
a) Impose warning;
b) Impose fines of up to VND 200,000.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a) Impose warning;
b) Impose fines of up to VND 5,000,000;
c) Confiscate material evidences and/or means
used for administrative violations, with the value of up to VND 30,000,000;
d) Compel the destruction of articles causing
harms to human health, domestic animals and cultivated plants, harmful cultural
products.
3. The Market Management Sub-Department heads
shall have the right to:
a) Impose warning;
b) Impose fines of up to VND 20,000,000;
c) Strip off the right to use licenses,
professional practice certificates under their jurisdiction;
d) Confiscate material evidences and/or means
used for administrative violations;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. The director of the Market Management
Department shall have the right to:
a) Impose warning;
b) Impose fines of up to the maximum levels in
the trade field, prescribed at Point c, Clause 2, Article 14 of this Ordinance;
c) Strip off the right to use licenses,
professional practice certificates under his/her jurisdiction;
d) Confiscate material evidences and/or means
used for administrative violations;
e) Compel the destruction of articles which
cause harms to human health, domestic animals and cultivated plants, harmful
cultural products.
Article 38.-
Specialized Inspectorates competence to handle administrative violations
1. The specialized inspectors being on official
duty shall have the right to:
a) Impose warning;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c) Confiscate material evidences and/or means
used for administrative violations, with the value of up to VND 2,000,000;
d) Apply the consequence-overcoming measures
prescribed at Points a, b and d, Clause 3, Article 12 of this Ordinance.
2. Specialized chief inspectors of the
provincial-level Services shall have the right to:
a) Impose warning;
b) Impose fines of up to VND 20,000,000;
c) Strip off the right to use licenses,
professional practice certificates under their jurisdiction;
d) Confiscate material evidences and/or means
used for administrative violations;
e) Apply the consequence-overcoming measures
prescribed at Points a, b and d, Clause 3, Article 12 of this Ordinance.
3. The specialized chief inspectors of the
ministries, the ministerial-level agencies or the agencies attached to the
Government shall have the right to:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b) Impose fines of up to the maximum levels for
the fields under their respective management, as prescribed at Points a, b, c
and d, Clause 2 and Clause 3, Article 14 of this Ordinance;
c) Strip off the right to use licenses,
professional practice certificates under their jurisdiction;
d) Confiscate material evidences and/or means
used for administrative violations;
e) Apply the consequence-overcoming measures
prescribed at Points a, b and d, Clause 3, Article 12 of this Ordinance.
Article 39.- The
competence of the directors of the Maritime Port Authorities, the directors of
the Inland River Port Authorities, the directors of the Airport Authorities to
handle administrative violations
The directors of the Maritime Port Authorities,
the directors of the Inland River Port Authorities and the directors of the
Airport Authorities shall have the right to:
1. Impose warning;
2. Impose fines of up to VND 10,000,000;
3. Strip off the right to use licenses,
professional practice certificates under their jurisdiction;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
5. Apply the consequence-overcoming measures
prescribed at Points a, b and d, Clause 3, Article 12 of this Ordinance.
Article 40.- The
competence of the People’s
Courts and civil judgment-executing bodies to handle administrative violations
1. The judges chairing the court sessions shall
have the right to:
a) Impose warning;
b) Impose fines of up to VND 1,000,000.
2. The civil judgment executors being on
official duty shall have the right to:
a) Impose warning;
b) Impose fines of up to VND 200,000.
3. Civil judgment-executing team leaders shall
have the right to:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b) Impose fines of up to VND 500,000.
4. The heads of the provincial-level civil
judgment- executing bureaus and the heads of the judgment executing bureaus of
the military zone or equivalent level shall have the right to:
a) Impose warning;
b) Impose fines of up to VND 1,000,000.
Article 41.-
Authorization to handle administrative violations
In cases where the persons competent to handle administrative
violations, defined in Articles 28, 29 and 30, Clauses 2, 3, 4, 5, 6 and 7 of
Article 31, Clauses 2, 3 and 4 of Article 32, Clause 3, 4, 5, 6 and 7 of
Article 33, Article 34, Clauses 2, 3, 4 and 5 of Article 35, Clauses 2, 3 and 4
of Article 36, Clause 2, 3 and 4 of Article 37, Clauses 2 and 3 of Article 38,
Article 39, Clauses 3 and 4 of Article 40, of this Ordinance are absent, their
authorized deputies shall have competence to handle administrative violations
and be accountable for their decisions.
Article 42.- Principles
for determining the competence to handle administrative violations
1. The presidents of the People Committees of
all levels are competent to sanction administrative violations in the field of
State management in their respective localities.
Persons competent to sanction administrative
violations, defined in Articles 31 thru 40 of this Ordinance, shall be
competent to sanction administrative violations in the fields and branches
under their respective management.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. The sanctioning competence of the persons
defined in Articles 28 thru 40 of this Ordinance is the competence applicable
to an act of administrative violation. In case of fine, the sanctioning
competence shall be determined on the basis of the maximum level of the fine
table prescribed for each specific act of violation.
3. Where a person is sanctioned for many acts of
administrative violation, the sanctioning competence shall be determined on the
following principles:
a) If the sanctioning form and level prescribed
for each act are under the competence of the sanctioning person, the sanctioning
competence also belongs to such person;
b) If the sanctioning form and level prescribed
for one of the acts are beyond the competence of the sanctioning person, he/she
shall have to transfer the case of violation to the authority with sanctioning
competence;
c) If acts fall within the sanctioning
competence of many persons in different branches, the sanctioning competence
shall belong to the People’s
Committee presidents with sanctioning competence in the localities where the
violations are committed.
Chapter V
MEASURES TO PREVENT
ADMINISTRATIVE VIOLATIONS AND ENSURE THE HANDLING OF ADMINISTRATIVE VIOLATIONS
Article 43.- Measures
to prevent administrative violations and ensure the handling of administrative
violations
1. In cases where it is necessary to promptly
prevent administrative violations or to ensure the handling of administrative
violations, the competent persons may apply the following measures according to
administrative procedures:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b) Custody of material evidences and/or means of
the administrative violations;
c) Body search;
d) Inspection of transport means and objects;
e) Search of places where material evidences
and/or means of administrative violations are hidden;
f) Administrative bail;
g) Management of foreigners who have violated
Vietnamese law while the expulsion procedures are carried out;
h) Hunt for subjects who have to serve decisions
on sending to reformatories, education establishments or medical treatment
establishments if they escape.
2. When applying the measures prescribed in
Clause 1 of this Article, the competent persons must strictly abide by the
provisions in Articles 44 thru 52 of this Ordinance; if committing violations,
they shall be handled according to the provisions in Article 121 of this
Ordinance.
Article 44.- Human
custody according to administrative procedures.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. All cases of human custody must be decided in
writing and copies of the decisions must be handed over to the persons subject
to custody.
3. The time limit for human custody according to
administrative procedures must not exceed 12 hours as from the time of starting
to keep the violators; in case of necessity, the custody time limit can be
prolonged but must not exceed 24 hours.
For persons who violate border regulations or
commit administrative violations in distant, secluded mountain or island areas,
the custody time limit may be longer, but must not exceed 48 hours as from the
date of starting to keep the violators.
4. At the request of the persons in custody, the
persons who have issued the custody decisions must notify their families and
organizations where they work or study thereof. In case of custody of minors, who
have committed administrative violations, at night or for more than 6 hours,
the persons who have issued the custody decisions must immediately notify their
parents or guardians thereof.
5. It is strictly forbidden to keep persons who
have committed administrative violations in criminal custody rooms or temporary
detention rooms or in places unhygienic and unsafe for custody persons.
6. The Government shall promulgate Regulation on
human custody according to administrative procedures.
Article 45.- Competence
to keep persons in custody according to administrative procedures
1. The following persons are entitled to decide
on human custody according to administrative procedures:
a) The commune/district town People’s Committee presidents, the ward
police chiefs;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c) The heads of the Police Bureaus for
Administrative Management of Social Order, the heads of the Traffic Police
Bureaus, the heads of the Economic Police Bureaus, the heads of the Criminal
Police Bureaus, the heads of the Police Bureaus for Prevention and Combat of
Drug-Related Crimes, the heads of the Exit and Entry Management Bureaus of the
provincial-level Police Departments;
d) The heads of mobile police units of company
or higher levels operating independently, the heads of the border-gate police
stations;
e) The heads of the ranger units, the leaders of
the mobile ranger teams;
f) The heads of the Customs Sub- Departments,
the leaders of the Control Teams of the Customs Departments, the leaders of the
Anti-Smuggling Inspection Teams and the leaders of the sea patrol flotillas
under the Anti-Smuggling Investigation Department of the General Department of
Customs;
g) The leaders of the Market Management teams;
h) The commanders of the border sub-regions, the
commanders of the border fleets, commanders of the border flotillas, the heads
of the border posts and the commanders of the border guard units stationing in
border and island regions;
i) Commanders of the Coast Guard flotillas,
fleets;
j) Airplane or ship captains when airplanes or
ships leave airports or sea ports.
2. Where the persons defined in Clause 1 of this
Article are absent, their authorized deputies are entitled to decide on human
custody according to administrative procedures and must be accountable for their
decisions.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. The custody of material evidences and/or
means of administrative violations shall apply only to cases where it is
necessary to verify circumstances which serve as bases for deciding to handle
or immediately stop the administrative violations.
Persons defined in Article 45 of this Ordinance,
the chief specialized inspectors of provincial-level Services and the chief
specialized inspectors of the ministries, the ministerial-level agencies or the
agencies attached to the Government are entitled to decide on the custody of
material evidences and/or means of administrative violations.
2. In cases where there are grounds to believe
that the material evidences and/or means of administrative violations may be
dispersed or destroyed if they are not temporarily seized immediately, the
immediate superiors of people’s
police officers, border guards, ranger officers, customs officials, market
controllers or specialized inspectors are entitled to decide on the custody of
material evidences and/or means of administrative violations. Within 24 hours
after the decisions are issued, the decision issuers must report to their
superiors who are among those competent to temporarily seize the material
evidences and/or means of administrative violations, defined in Clause 1 of
this Article, and get their written consents; in cases of failure to get the
written consents of such persons, the decision issuers must immediately disregard
the custody decisions and return the temporarily seized things, money, goods
and/or means.
3. Persons who make decisions on the custody of
material evidences and/or means of administrative violations must make records
on the custody, which must clearly state the name, quantity, category of the
temporarily seized material evidences and/or means and be signed by the
decision makers and the violators. They have the responsibility to preserve
those material evidences and/or means; if the material evidences and/or means
are lost, sold or damaged due to such persons faults, they shall have to pay
the compensations therefor.
Where the material evidences and/or means need
to be sealed, the sealing thereof must be conducted immediately in front of the
violators; if the violators are absent, the sealing must be conducted in front
of their families representatives, organizations representatives, the
administrations representatives and the witnesses.
4. For Vietnamese currency, foreign currencies,
gold, silver, precious stones, precious metals, narcotics and other objects
subject to special management regimes, the preservation thereof shall comply
with the provisions of law.
For material evidences being commodities and/or
articles which are easy to decay, the persons issuing decisions on the custody
thereof must handle them according to Clause 3, Article 61 of this Ordinance.
5. Within ten days as from the date of custody,
the persons who have issued the custody decisions must handle the custody
material evidences and/or means with measures inscribed in the handling
decisions or return them to the concerned individuals and/or organizations if
the sanctioning form of confiscating the custody material evidences and/or
means is not applied. The time limit for custody of material evidences and/or
means of administrative violations may be prolonged for complicated cases
requiring verification, but shall not exceed sixty days as from the date of
custody of material evidences and/or means. The prolongation of the time limit
for temporary seizure of material evidences and/or means must be decided by
persons defined in Clause 1 of this Article.
6. The custody of material evidences and/or
means of administrative violations must be effected by written decisions which
must be enclosed with records on the custody and handed over to the violators
or representatives of the violating organizations, each with one copy thereof.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. The body search according to administrative
procedures shall be conducted only when there are grounds to believe that such
persons hide in their bodies the objects, documents and/or means of
administrative violations.
2. The persons defined in Article 45 of this
Ordinance are entitled to decide on body search according to administrative
procedures.
In cases where there are grounds to believe that
if the search is not conducted immediately, the objects, documents and/or means
of administrative violations may be dispersed or destroyed, apart from the persons
defined in Article 45 of this Ordinance, the people’s
police officers, policemen of the Coast Guard operation teams, Border Guard
combatants, ranger officers and market controllers being on official duty may
conduct the body search according to administrative procedures and have to
immediately report such in writing to their superiors being among persons
defined in Article 45 of this Ordinance and have to bear responsibility before
law for the body search.
3. The body search must be effected under written
decisions, except for case of immediate search as provided for in Paragraph 2,
Clause 2, this Article.
4. Before conducting the body search, the
searchers must informed the to be-searched persons of the decisions thereon.
Upon body search, men shall search men and women search women, and the search
must be witnessed by persons of the same sex.
5. All cases of body search must be recorded in
writing. The body search decisions and records must be handed over to the
searched persons, one copy each.
Article 48.- Searching
transport means and objects according to administrative procedures
1. The search of transport means and objects
according to administrative procedures shall be carried out only when there are
grounds to believe that hidden in those transport means and/or objects are
material evidences of administrative violations.
2. Persons defined in Article 45 of this
Ordinance, people’s police
officers, members of the Coast Guard operation teams, Border Guard combatants,
ranger officers, tax officials, market controllers and specialized inspectors,
who are on official duty, may search transport means and/or objects within the
ambit of their respective jurisdiction.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. All cases of search of transport means and/or
objects must be recorded in writing, and the copies of such records must be
handed to the transport means and/or object owners or the transport means
operators.
Article 49.- Search of
places where material evidences and/or means of administrative violations are
hidden
1. The search of places where material evidences
and/or means of administrative violations shall be conducted only when there
are grounds to believe that the material evidences and/or means of
administrative violations are hidden in those places.
2. The persons defined in Article 45 of this
Ordinance are entitled to decide the search of places where material evidences
and/or means of administrative violations are hidden; where such places are
dwelling places, the search decisions must be consented in writing by the
district-level People’s Committee presidents before conducting the search.
3. The search of places where material evidences
and/or means of administrative violations are hidden must be conducted in the
presence of the owners of such places or members of their families and the
witnesses. Where the place owners or members of their families are absent while
the search cannot be postponed, there must be the representative of the local
administration and two witnesses.
4. The search of places where material evidences
and/or means of administrative violations are hidden must not be conducted at
night, except for emergency cases, but the reasons therefor must be clearly
stated in the records thereof.
5. All cases of search of places where material
evidences and/or means of administrative violations are hidden must be effected
under written decisions and must be recorded in writing. Such decisions and
records must be handed to the place owners, one copy each.
Article 50.- Administrative
bail
1. The administrative bail means the handing to
families, social organizations for management and supervision of persons who
have committed acts of law offenses and are subject to the application of
measure of being sent to reformatories, education establishments or medical
treatment establishments during the time the competent agencies are carrying
out procedures to consider and decide the application of this measure, provided
that such persons have got certain residence places.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The families, social organizations and persons
assigned the administrative bail responsibility are obliged not to let the
subjects relapse into law violations and ensure their presence at the residence
places when requested.
The administrative bail shall terminate upon the
expiry of the bail duration inscribed in the bail assignment decisions or upon
the sending of subjects to places for the execution of the measures prescribed
in Clause 1 of this Article.
3. The Government shall specify the
administrative bail.
Article 51.- Management
of foreigners who have violated Vietnamese laws during the time of carrying out
the procedures for their expulsion
The management of foreigners who have violated
Vietnamese laws while the expulsion procedures are being carried out shall be
stipulated by the Government.
Article 52.- Hunt for subjects to be
sent, under decisions, to reformatories, education establishments or medical
treatment establishments in case of escape
1. Where the persons to be sent, under
decisions, to reformatories, education establishments or medical treatment
establishments escape before they are sent to such establishments, the
district-level police offices of the localities where such persons reside shall
issue decisions to hunt for them.
Where the persons who are serving decisions at
reformatories, education establishments or medical treatment establishments
escape, the directors of the reformatories or the directors of the education
establishments or medical treatment establishments shall issue decisions to
hunt for them. The police offices shall have to coordinate with the
reformatories, education establishments or medical treatment establishments in
hunting for the subjects in order to send them back to such establishments.
2. For persons to be sent, under decisions, to
reformatories or serving such decisions at reformatories as prescribed in
Clause 1 of this Article, if they turn full 18 when they are re-captured, the
district-level police chiefs shall propose the district-level People�s
Committee presidents to cancel the decisions on sending them to reformatories
and compile dossiers proposing to send them to education establishments.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
PROCEDURES FOR
SANCTIONING ADMINISTRATIVE VIOLATIONS AND EXECUTION OF SANCTIONING DECISIONS
Article 53.- Stopping
acts of administrative violations
Upon detecting administrative violations, the
persons with handling competence must order the immediate cessation of the acts
of administrative violations.
Article 54.- Simple
procedures
For warning or fine of between VND 5,000 and
100,000, the persons with sanctioning competence shall issue decisions to
sanction such acts on the spot.
The sanctioning decisions must clearly state the
dates of issuance; the full names and addresses of the violators or the
violating organizations; acts of violation; places where the violations are
committed; full name and positions of the decision issuers; clauses of legal
documents to be applied. Such decisions must be handed to sanctioned individuals
or organizations, one copy each. In case of fine, the decisions must clearly
state the fine levels. Violating individuals and organizations may pay fines on
spot to the persons with sanctioning competence; where fines are paid on spot,
the fine receipts shall be issued.
Article 55.- Making
records of administrative violations
1. Upon detecting administrative violations in
their respective management domains, the persons with sanctioning competence on
official duty must promptly make records thereon, except for cases of
sanctioning according to simple procedures.
Administrative violations occurring on aircraft
or ships, the aircraft or ship captains must make records thereon for sending
to persons with sanctioning competence when the aircraft or ships return to the
airports or sea ports.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. A record must be made in at least two copies;
signed by the record maker and the violator or the representative of the
violating organization; if there are witnesses, victims or representatives of
the victim organizations, they must also sign the decision; where the record
consists of many pages, the persons defined in this Clause must sign their
names to each page of the record. If the violator, the representative of the
violating organization, the witnesses, the victims or representatives of the
victim organizations refuse to sign, the record maker shall have to clearly
inscribe their reasons therefor in the record.
4. Records, when completely made, must be handed
to violating individuals or organizations, one copy each; if the cases of
violation are beyond the sanctioning competence of the record makers, they must
send the records to the persons with sanctioning competence.
Article 56.-
Sanctioning decisions
1. The time limit for making a sanctioning
decision shall be ten days as from the date of making the record on the
administrative violation; for cases of administrative violation involving many
complicated circumstances, the time limit for issuing the sanctioning decision
shall be thirty days. In case of deeming it necessary to have more time for
verification, gathering of evidences, the competent persons must report such to
their immediate superiors in writing for extension thereof; the extension must
be made in writing, the extension duration shall not exceed thirty days. Past
the above-mentioned time limits, the persons with sanctioning competence must
not issue sanctioning decisions, except for case of sanctioning with expulsion;
where the sanctioning decisions are not issued, the consequence-overcoming
measures prescribed in Clause 3, Article 12 of this Ordinance and the
confiscation of administrative-violation material evidences of types banned
from circulation can also be applied.
If past the said time limits the persons with
sanctioning competence are at fault in failing to issue sanctioning decisions,
they shall be handled according to the provisions in Article 121 of this
Ordinance.
2. When deciding to sanction one person who has
committed many acts of administrative violation, the competent person shall
issue only one sanctioning decision deciding on the sanctioning form and level
for each violation act; if the sanctioning form of fine is applied, the fines
shall be aggregated into an overall fine level.
3. The sanctioning decisions must clearly state
the date of issuance; the full names and positions of the decision issuers; the
full names, addresses and occupations of the violators or the names and
addresses of the violating organizations; acts of administrative violation;
circumstances related to the settlement of violation cases; articles and
clauses of legal documents to be applied; the principal sanctioning forms, the
additional sanctioning forms (if any), measures to overcome consequences (if
any); the duration and places for execution of sanctioning decisions and the
signatures of the sanctioning decisions issuers.
The sanctioning decisions must also clearly
state the sanctioned individuals and/or organizations, that shall be forced to
execute the sanctioning decisions if they fail to voluntarily execute them; the
right to complain or initiate lawsuits against the decisions to sanction
administrative violations shall comply with the provisions of law.
4. Sanctioning decisions shall take effect after
their signing, except for cases where the decisions state other effective
dates.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 57.- Fining
procedures
1. The sanctioning with fines of over VND
100,000 must strictly comply with the provisions in Articles 55 and 56 of this
Ordinance.
2. When fining, the specific fine level for an
act of administrative violation shall be the average of the fine bracket
prescribed for such act; if the extenuating circumstances are involved, the
fine levels can be reduced but not to below the minimum level of the fine
bracket; if aggravating circumstances are involved, the fine level may be
increased but not beyond the maximum level of the fine bracket.
3. Where the sanctioning form of fine is applied
only to violating individuals or organizations, the persons with sanctioning
competence may temporarily seize the permits for circulation of means or
driving licenses or other necessary relevant papers until such individuals or
organizations completely execute the sanctioning decisions. If the violating
individuals or organizations do not have the above-mentioned papers, the
persons with sanctioning competence may temporarily seize the material evidences
and/or means of violations.
4. The fined individuals and organizations must
pay fines and get the fine receipts.
5. The collected fines must be remitted into the
State budget via accounts opened at State treasuries.
6. The Government shall prescribe the management
of fine receipts and fine money.
Article 58.- Places for
payment of fines
1. Within ten days after being given the
sanctioning decisions, the sanctioned individuals and organizations must pay
fines at the State treasuries inscribed in the sanctioning decisions, except
for cases where fines are paid on the spot and the cases prescribed in Clause 2
of this Article.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. In remote, far-flung regions or areas where
traffic meets with difficulties, the persons who collect fines on the spot
shall have to remit fines into the State treasuries within seven days as from
the date the fines are collected; for other cases, the above-said time limit
shall not exceed two days. Where fines are collected on rivers, sea, the fine
collectors must remit them into the State treasuries within two days as from
the date they come ashore.
Article 59.- Procedures
for stripping off the right to use licenses, professional practice certificates
1. When stripping off the right to use licenses
and/or professional practice certificates, the persons with sanctioning
competence shall seize the licenses and/or professional practice certificates,
inscribe such in the sanctioning decisions and notify the agencies which have
issued those licenses and/or professional practice certificates thereof.
2. Upon the expiry of the time limit for
deprivation of the right to use licenses and/or professional practice
certificates, inscribed in the sanctioning decisions, the persons with
sanctioning competence shall return such licenses and/or professional practice
certificates to the individuals and/or organizations whose right to use
licenses and/or professional certificates was stripped off.
3. Upon detecting that the licenses and/or
professional practice certificates have been granted ultra vires or contain
illegal contents, the persons with sanctioning competence shall have to
withdraw them immediately and at the same time report such to the competent
State bodies.
Article 60.- Procedures
for confiscation of material evidences and/or means of administrative
violations
When confiscating material evidences and/or
means of administrative violations inscribed in the sanctioning decisions, the
persons with sanctioning competence must make the records thereof. The records
must clearly state the names, quantity, category and registration numbers (if
any), conditions and quality of the confiscated things, money, goods and means
and must be signed by the confiscators, the sanctioned persons or the
representatives of the sanctioned organizations and the witnesses.
Where it is necessary to seal the material
evidences and/or means, the sealing must be carried out in front of the
sanctioned persons or the representatives of the sanctioned organizations and
the witnesses; if the sanctioned persons or the representatives of the
sanctioned organizations are absent, there must be two witnesses.
Article 61.- Handling
material evidences and means of administrative violations
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
If the material evidences and/or means of a case
of administrative violation are valued at VND 10,000,000 or more, the persons
who decide to confiscate them must hand them over to the provincial-level
auction service centers of the localities where the material evidences and/means
are confiscated. If the material evidences and/or means of a case of
administrative violation value under VND10,000,000, the person who decides the
confiscation must hand them over to the district-level finance agency for
organization of auction. The auction of material evidences and/or means of
administrative violations must be carried out according to law provisions on
auction.
The proceeds from the auction of material
evidences and/or means of administrative violations, after subtracting expenses
according to law provisions, must be remitted into the State budget via
accounts opened at the State treasuries.
2. For material evidences and/or means of
administrative violations being harmful cultural products, fake goods having no
use value, articles causing harms to human health, domestic animals or plants,
which must be destroyed, the competent persons must set up the handling council
for destruction. Depending on the nature of the material evidences and means,
the handling council shall be composed of representatives of concerned State
bodies. The destruction of material evidences and means of administrative
violations must be recorded in writing with the signatures of members of the
handling council.
For goods, articles and means forced to be
brought out of Vietnamese territory or forced to be re-exported, the violating
individuals and/or organizations must take them out of the Vietnamese territory
within the time limits prescribed in the sanctioning decisions.
3. For material evidences of administrative
violations being goods and articles, which are easy to decay, the persons
competent to confiscate them must make records thereon and organize the
immediate sale thereof. The proceeds therefrom must be deposited into the
temporary custody accounts opened at the State treasuries. If later by
decisions of the competent persons, such material evidences are confiscated,
the proceeds must be remitted into the State budget; in cases where such
materials evidences are not confiscated, the proceeds therefrom must be
returned to the lawful owners, managers or users thereof.
4. For material evidences and means of
administrative violations, except for material evidences and means prescribed
in Clauses 2 and 3 of this Article, of which the lawful owners, managers or users
are unidentified or these people do not come to receive them, the persons
competent to confiscate them must announce such on the mass media and post up
notices at the offices of the persons competent to confiscate them; within
thirty day as from the date of public notice, if the lawful owners, managers or
users cannot be identified or these persons do not come to receive them, the
competent persons must issue decisions to confiscate the material evidences and
means of violations for handling according to the provisions in Clause 1 of
this Article.
5. For material evidences and means illegally
appropriated and used for administrative violations, they must be returned to
their lawful owners, managers or users.
6. Expenses for warehousing, yard-storage and preservation
of material evidences and means of administrative violations and other expenses
compliable with law provisions shall be subtracted from the proceeds from the
sale of material evidences and/or means of administrative violations.
The charges for warehousing, yard-storing and
preservation of material evidences and means shall not be collected if the
material-evidences and/or means owners are not at fault in the administrative
violations or the measure of confiscation is not applied to the material evidences
and/or means.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. When considering violation cases in order to
decide on the sanction, if deeming that the violation acts show criminal signs,
the competent persons must immediately transfer the dossiers thereon to
competent criminal proceedings agencies.
It is strictly forbidden to retain violation
cases with criminal signs for administrative sanction.
2. For cases where the sanctioning decisions
have already been issued but later the violation acts are detected as showing
criminal signs while the statute of limitations for penal liability examination
has not yet expired, the persons who have issued the sanctioning decisions
shall have to disregard such decisions and within three days as from the date
of disregarding the sanctioning decisions have to transfer the dossiers of the
violation cases to the competent criminal proceedings agencies.
Article 63.-
Transferring dossiers of violation cases for administrative sanctions
In cases where individuals are sued, prosecuted
or got decisions to be brought to trial according to criminal proceedings, but
later got other decisions to suspend the investigation or suspend the cases, if
the violation acts show signs of administrative violations, within three days
as from the date of issuing decisions to suspend the investigation or suspend
the cases, the agencies conducting the criminal proceedings must transfer the
decisions on suspension of investigation or cases together with the dossiers of
the violation cases and propose the administrative sanctions to the persons
competent to sanction administrative violations.
Article 64.- Executing
decisions to sanction administrative violations
1. Individuals and organizations sanctioned for
administrative violations must execute the sanctioning decisions within ten
days as from the date they are given the sanctioning decisions, except
otherwise provided for by law.
2. If past the time limit prescribed in Clause 1
of this Article the individuals and/or organizations sanctioned for
administrative violations still fail to voluntarily execute the sanctioning
decisions, they shall be coerced to do so.
Article 65.- Postponing
the execution of fining decisions
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. The time limit for postponing the execution
of the fining decisions shall not exceed three months as from the date the
postponement decisions are issued.
3. The persons who have issued fining decisions
shall be entitled to decide on the postponement of the execution of those
fining decisions.
4. The persons entitled to postpone the
execution of the fining decisions may receive back their papers, material
evidences and/or means, which are being temporarily seized according to the
provisions in Clause 3, Article 57 of this Ordinance.
Article 66.- Forced
execution of decisions on sanctioning administrative violations
1. Individuals and organizations, that are
sanctioned for administrative violations but fail to voluntarily execute the
sanctioning decisions, shall be subject to coercive execution by the following
measures:
a) Deducting part of their wages or income, deducting
money from their bank accounts;
b) Inventorying and seizing assets with value
corresponding to the fine amount for auction;
c) Other coercive measures to effect the
confiscation of material evidences and/or means used for administrative
violations, to force the restoration of the initial state altered due to
administrative violations or force the dismantlement of illegally constructed
works, force the application of measures to overcome the environmental
pollution or epidemic spread, force the bringing out of the Vietnamese
terrority or re-export of goods, articles and/or means, force the destruction
of articles which cause harms to human health, domestic animals and cultivated
plants, harmful cultural products.
2. Individuals and organizations that receive
the coercion decisions must strictly implement the coercive measures.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. The coercion with the measures prescribed at
Points b and c, Clause 1 of this Article must be notified before the
application thereof to the presidents of the commune-level People’s Committees of the localities
where the coercion shall be carried out for implementation coordination.
5. The functional bodies of the People’s Committees shall have to
execute the coercion decisions of the presidents of the People’s Committees of the same level
according to the assignment by the People’s
Committee presidents.
6. The people’s
police force shall have to ensure order and safety in the process of enforcing
the coercion decisions of the presidents of the People’s
Committee of the same level or the coercion decisions of other State bodies
when so requested by such bodies.
7. The procedures for application of coercive
measures shall be prescribed by the Government.
Article 67.- Competence
to issue coercion decisions
The following persons are competent to issue
coercion decisions and tasked to organize the coercive execution of the
sanctioning decisions of their own and their subordinates:
1. The presidents of the commune-level,
district-level or provincial-level People’s
Committees;
2. The district police chiefs, the directors of
the provincial-level police departments, the director of the Police Department
for Administrative Management of Social Order, the director of the Traffic
Police Department, the director of the Fire Prevention and Fighting Department,
the director of the Economic Police Department, the director of the Criminal
Police Department, the director of the Police Department for Prevention and
Combat of Drug-Related Crimes, the director of the Entry and Exit Management
Department;
3. Heads of the border guard posts, commanders
of the provincial-level Border Guard; the director of the Coast Guard
Department;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
5. Heads of the Ranger Sub-Departments, director
of the Ranger Department;
6. The directors of the Tax Departments;
7. The heads of the Market Management
Sub-Departments, the director of the Market Management Department;
8. The specialized chief inspectors of the
provincial-service level, the specialized chief inspectors of the ministries,
ministerial-level agencies and agencies attached to the Government;
9. The judges chairing court sessions, heads of
the provincial-level civil judgment execution sections, the heads of the
judgment executing sections of the military zones or the equivalent level.
Article 68.- Transferring
decisions on sanctioning administrative violations for execution
Where individuals and organizations that commit
the administrative violations in a locality but reside, headquarter in other
localities and have no conditions to execute the sanctioning decisions at
places where they are sanctioned, the sanctioning decisions shall be
transferred to residence places of individuals, headquarters of the
organizations for execution according to the Government’s
regulations.
Article 69.- The
statute of limitation for execution of decisions on sanctioning administrative
violations
The statute of limitation for executing a
decision on sanctioning administrative violation shall be one year as from the
date the sanctioning decision is issued; if past this time limit such decision
is not implemented, the sanctioning decision shall not be executed but the
consequence-overcoming measures inscribed in the decision still apply.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Chapter VII
PROCEDURES FOR
APPLICATION OF OTHER ADMINISTRATIVE HANDLING MEASURES
Section I. PROCEDURES FOR
EDUCATION AT COMMUNES, WARDS, DISTRICT TOWNSHIPS
Article 70.- Deciding
on education at communes, wards, district townships
1. The commune-level People’s Committee presidents shall
decide the education at communes, wards or district townships on their own or
at the request of one of the following agencies or organizations:
a) The commune-level police chiefs;
b) The commune-level Fatherland Front Committee
presidents;
c) The representatives of agencies,
organizations or population quarters in localities.
The commune-level People’s
Committee presidents may also decide on the education at communes, wards or
district townships on the basis of the dossiers and records on law-breaking
acts committed by subjects, which are supplied by the district- and/or
provincial-level police offices.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. Within three days after the end of the
meeting prescribed in Clause 2 of this Article, the commune-level People’s Committee presidents shall
consider and decide on the education at communes, wards or district townships.
Depending on each subject, the commune-level
People’s Committee
presidents shall decide to hand the persons subject to education to agencies,
organizations or families for management and education.
4. The decisions on education at communes, wards
or district townships take effect as from the date of their signing and must be
sent immediately to the persons subject to such education, their families, the
commune-level People’s
Councils as well as relevant agencies and organizations.
Article 71.- Contents
of decisions on education at communes, wards or district townships
The decisions on education at communes, wards or
district townships must clearly inscribe the issuance dates; the full names and
positions of the decision issuers; the full names, birth dates and residence
places of the persons subject to education; acts of law offense committed by
such persons; clauses and articles of the applicable legal documents, the
application time limits, the effective dates of the decisions; the
responsibilities of agencies, organizations and families assigned to educate
and manage the persons subject to education; the right to complain, initiate
lawsuits against decisions on education at communes, wards or district
townships according to law provisions.
Article 72.- Executing
decisions on education at communes, wards or district townships
Within seven days as from the date the decisions
take effect, the agencies or organizations assigned to manage and educate the
target persons must organize meetings with such persons for the execution of
those decisions. Depending on each education subject, the meeting shall be
participated by representatives of the Fatherland Front Committee, the police
office, the Women’s Union,
the Peasants Association, the Youth Union in the locality, the school and the
family of the person subject to education.
After such meetings, the agencies or
organizations assigned to manage and educate such persons shall have to assist
and encourage them in their life, help them find jobs or propose the
commune-level People’s
Committees to create conditions for the persons subject to education to find
jobs or find jobs for them.
Once a month, the agencies or organizations
assigned to manage and educate such persons shall have to report to the
commune-level People’s Committee
presidents on the execution of the decisions; if the target persons make marked
progress, the commune-level People’s
Committee presidents shall, at the requests of the agencies or organizations
assigned the management responsibility and based on the written comments of the
relevant agencies or organizations, decide to exempt the serving of the
remaining duration of the decisions on education at communes, wards or district
townships.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The statute of limitations for execution of
decisions on education at communes, wards or district townships shall expire
after six months as from the date of issuance of the decisions. Where the persons
subject to education and communes, wards or district townships deliberately
evade the execution, the above-said statute of limitations shall be
recalculated as from the time the act of evasion terminates.
Article 74.- Expiry of
the duration of serving the measure of education at communes, wards or district
townships
When persons subject to education at communes,
wards or district townships have completely served the decisions thereon, the
commune-level People’s
Committee presidents shall issue them certificates.
Section 2. PROCEDURES FOR
SENDING TO REFORMATORIES
Article 75.- Compiling
dossiers proposing the sending to reformatories
1. For minors who have committed acts of law
offense, as prescribed in Article 24 of this Ordinance and need to be sent to reformatories,
the commune-level People’s
Committee presidents of the localities where such persons reside shall compile
dossiers for submission to the district-level People’s
Committee presidents.
Such a dossier shall comprise a curriculum
vitae, the documents on law offenses committed by such person, the education
measures already applied, remarks of the police office, comments of the
reformatory, the Fatherland Front Committee, the Youth Union, the Women Union,
the Population, Family and Children Board of the locality and of his/her
parents or guardian.
2. For minors who have no fixed residence, the
commune-level People’s
Committee presidents of the localities where such persons have committed acts
of law offenses shall make records thereon and report such to the
district-level People’s
Committee presidents.
Where the subjects in law-breaking cases are
detected, investigated and handled directly by the district- and/or
provincial-level police offices, who have committed offenses not to the extent
of being examined for penal liability but are subjects to be sent to
reformatories, the police offices which are processing the cases must verify,
gather documents and compile dossiers for submission to the district-level
People’s Committee
presidents.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. The police offices shall have to assist the
presidents of the People’s
Committees of the same level in gathering documents and compiling dossiers.
4. Within three days after the receipt of the
dossiers or records prescribed in Clauses 1 and 2 of this Article, the
district-level People’s
Committee presidents shall hand them to the chiefs of the police offices of the
same level. Within 15 days after the receipt of the dossiers, the
district-level police offices shall have to verify, gather documents, complete
the dossiers and send them to members of the Advisory Council.
Article 76.- The
Advisory Council for sending to reformatories
1. The Advisory Council for sending to
reformatories shall be set up under decision of the district-level People’s Committee presidents,
comprising the district police chief, the head of the district Legal Section,
the head of the district-level Population, Family and Children Board. The
district police chief shall act as the standing member of Advisory Council.
2. Within seven days after the receipt of the
dossiers, the Advisory Council shall have to examine the dossiers and organize
meetings to scrutinize and approve the dossiers.
The Advisory Council shall work according to the
collective regime and make conclusions by majority. Divergent opinions shall be
recorded in the minutes of the meetings and enclosed to the report to be
submitted to the district-level People’s
Committee president.
Article 77.- Decisions
on sending to reformatories
1. The district-level People’s Committee presidents shall
consider and decide on the sending to reformatories within five days after the
receipt of the report from the Advisory Council.
2. The decisions shall take effect after their
signing and must be sent immediately to persons to be sent to the
reformatories, the parents or guardians of such persons, the district-level
police offices, the district-level People’s
Councils and the commune-level People’s
Committees of the localities where such persons reside.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The decisions on sending to reformatories must
clearly state the dates of their issuance; the full names and positions of the
decision issuers; the full names, birth dates and residence places of persons
to be sent to reformatories; acts of law offense committed by such persons, clauses
and articles of applicable legal documents; the time limit and places for
execution of decisions; the right to complain and initiate lawsuits against
decisions on sending to reformatories according to law provisions.
Article 79.- Execution
of decisions on sending to reformatories
1. Within five days as from the date of issuing
the decisions, the district-level police offices shall have to coordinate with
the families or guardians of the persons serving the decisions in sending such
persons to reformatories.
2. The duration of serving the decisions on
sending to reformatories shall be calculated from the date the persons subject
to such decisions are sent to reformatories.
Article 80.- Postponement
of or exemption from the execution of decisions on sending to reformatories
1. Persons sent to reformatories may postpone
the execution of the decisions in the following cases:
a) Being seriously ill, with written
certification of hospitals of the district or higher level;
b) Their families are meeting with particular
difficulties and file the applications therefor, which are certified by the
commune-level People’s
Committee presidents of the localities where such persons reside.
When the conditions for postponement of the
decision execution no longer exist, the decisions shall continue to be
executed; if during the postponement period, such persons have made marked
progress in the observance of law or recorded merits, they may be exempt from
serving the decisions.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a) They have suffered from dangerous diseases as
certified by hospitals of the district or higher level;
b) They are pregnant as certified by hospitals
of the district or higher level or women who are nursing their children of
under 36 months old and file their applications therefor with certification of
the commune-level People’s
Committees of the localities where such persons reside.
3. The district-level People’s Committee presidents shall
consider and decide on the postponement of or exemption from decision
execution, based on the applications filed by the persons who have to serve the
decisions on sending to reformatories. In case of necessity, the district-level
People’s Committee
presidents shall assign the chiefs of the police offices of the same level to
verify the cases before making decisions.
Article 81.- Reduction
of time limit for, temporary suspension of, or exemption from, serving the
remaining duration in reformatories
1. Persons who are sent to reformatories and
have served half of their terms, if making marked progress or recording merits,
shall be considered for partly reduction of, or exemption from serving the
remaining duration.
2. Where the persons serving decisions at
reformatories are seriously ill and sent back to their families for treatment,
they shall be temporarily suspended from serving the decisions; the medical
treatment duration shall be counted into the decision-serving duration; if
after their recovery from ailment the remaining serving duration is six months
or more, such persons must continue to serve the decisions at the
establishments. Persons suffering from dangerous diseases and pregnant women
are exempt from serving the remaining duration.
3. The directors of the Detention Camp
Management Department, education establishments or reformatories shall decide
to reduce the time limit for, temporarily suspend or exempt the decision
execution, as prescribed in Clauses 1 and 2 of this Article, at the proposals
of the directors of the reformatories. These decisions shall be sent to the
district-level People’s
Committee presidents who have issued decisions on sending to reformatories.
Article 82.- The
statute of limitation for execution of decisions on sending to reformatories
The statute of limitation for execution of
decisions on sending to reformatories shall expire after one year as from the
date of issuing the decisions. Where the persons to whom the measure of sending
to reformatories is applied deliberately evade the execution thereof, the
above-said statute of limitation shall be recalculated from the time the act of
evasion terminate.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
When the persons sent to reformatories have
completely served the decisions, the directors of the reformatories shall issue
them certificates and send the copies thereof to the directors of the Detention
Camp Management Department, education establishments, reformatories, the district-level
People’s Committee
presidents who have issued the decisions, the commune-level People’s Committee of the localities
where such person reside as well as their families.
Section 3. PROCEDURES FOR
SENDING TO EDUCATION ESTABLISHMENTS
Article 84.- Compiling
dossiers proposing the sending to reformatories
1. For persons who have committed law-breaking
acts prescribed in Article 25 of this Ordinance and need to be sent to
education establishments, the commune-level People’s
Committee presidents of the localities where such persons reside shall consider
and compile dossiers for submission to the district-level People’s Committee presidents.
Such a dossier contains the curriculum vitae,
documents on law offenses committed by such person, the already applied
education measures, remarks of the police office, the opinions of the
Fatherland Front Committee and the relevant social organizations of the same
level.
2. For persons who have no fixed residence
places, the commune-level People’s
Committee presidents of the places where such persons committed law-breaking
acts shall make records and report the cases to the district-level People’s Committee presidents.
Where the subjects are directly detected,
investigated and handled by the district-and/or provincial-level police offices
in law-breaking cases, who have committed offenses not to the extent of being
examined for penal liability and are liable to be sent to education
establishments, the police offices which are processing the cases shall have to
verify, gather documents and compile dossiers for submission to the presidents
of the People’s Committees
of the same level.
Such a dossier shall include a curriculum vitae,
documents on law offenses committed by such person, the extracts of previous
judgments, previous incidents, the already applied education measures (if any).
3. The police offices shall have to assist the
presidents of the People’s
Committees of the same level in gathering documents for compilation of
dossiers.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 85.- The
Advisory Council for sending into education establishments
1. The Advisory Council for sending into
education establishments shall be set up under decisions of the
provincial-level People’s
Committee presidents, comprising the provincial-level Police Department
director, the director of the provincial-level Justice Service, the director of
the provincial-level Service of Labor, War Invalids and Social Affairs, the
president of the provincial-level Fatherland Front Committee; the Police
Department director shall act as standing member of the Advisory Council.
2. Within fifteen days after the receipt of the
dossiers, the Advisory Council shall have to examine the dossiers and organize
meetings to scrutinize the dossiers.
The Advisory Council shall work according to the
collective regime and make conclusions by majority. Divergent opinions must be
recorded in the minutes of the meetings, enclosed to the report to be submitted
to the provincial-level People’s
Committee presidents.
Article 86.- Decisions
on sending into education establishments
1. The provincial-level People’s Committee presidents shall
consider and decide on the sending into education establishments within seven
days after the receipt of reports of the Advisory Council.
2. The decisions on sending into education
establishments take effects from the date of their signing and must be sent
immediately to the persons to be sent to education establishments, the
provincial-level police offices, the provincial-level People’s Councils and the commune-level
People’s Committees of the
places where such persons reside.
Article 87.- The
contents of decisions on sending into education establishments
The decisions on sending violators into
education establishments must clearly inscribe the date of their issuance; the
full names and positions of the decision issuers; the full names, birth dates,
occupations and residence places of the persons sent to education
establishments; acts of law offenses committed by such persons; clauses and
articles of the applicable legal documents; the time limits and places for
execution of the decisions; the right to complain or initiate lawsuits against
decisions on sending to education establishments according to law provisions.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Within five days after the issuance of
decisions, the provincial-level police offices shall have to take the decision
servers to education establishments.
2. The time limits for serving the decisions on
sending to education establishments shall be counted from the dates the persons
subject to the application of this measure are sent into education
establishments.
Article 89.-
Postponement of or exemption from execution of decisions on sending into
education establishments
1. Persons to be sent into education
establishments may postpone the execution of decisions thereon in the following
cases:
a) They are seriously ill as certified by
hospitals of the district or higher level;
b) They are pregnant as certified by hospitals
of the district or higher level or they are women nursing their children of
under 36 months old provided that they file the applications therefor and
obtain the certification by the commune-level People’s
Committees of the localities where such persons reside;
c) Their families are meeting with particular
difficulties provided that they file the applications therefor and obtain the
certification by the commune-level People’s
Committees of the localities where they reside.
When the conditions for execution postponement
no longer exist, the decisions shall continue to be executed.
2. Persons sent to education establishments
shall be exempt from decision execution in the following cases:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b) During the period of postponement of decision
execution, such persons have made marked progress in the observance of law or
recorded merits.
3. The provincial-level People’s Committee presidents shall
consider and decide on the execution postponement or exemption on the basis of
the written requests filed by the persons serving the decisions on sending to
education establishments. In case of necessity, the provincial-level People’s Committee presidents shall
assign the provincial Police Department director to verify specific cases
prescribed in Clauses 1 and 2 of this Article before making decisions.
Article 90.- Reduction
of time limits for, temporary suspension of or exemption from, serving the
remaining duration at education establishments
1. Persons sent to education establishments who
have served half of their terms, if making marked progress or recording merits,
shall be considered for partly reduction of or exemption from serving the
remaining duration.
2. Where the persons serving decisions at
education establishments are seriously ill and sent back to their families for
treatment, they shall be temporarily suspended from execution of the decisions;
the treatment duration shall be counted into the decision-executing duration;
if after their recovery from ailment, the remainder of the decision-executing
duration is three months or more, such persons must continue to serve the
decisions at the establishments. For pregnant women, they shall be temporarily
suspended from decision execution till their children are full 36 months old;
if during the period of temporary suspension, such persons make marked progress
or record merits, they shall be exempt from serving the remaining duration.
Persons who suffer from dangerous diseases shall be exempt from serving the
remaining duration.
3. The directors of the Detention Camp
Management, the education establishments or reformatories shall decide to
reduce the time limits for, temporarily suspend or to exempt the decision
execution prescribed in Clauses 1 and 2 of this Article, based on the proposal
of the director of the education establishment. These decisions shall be sent
to the provincial-level People�s Committee presidents
who have issued decisions on sending violators to education establishments.
Article 91.- Statute of
limitation for execution of decisions on sending violators into education
establishments
The statute of limitation for execution of
decisions on sending violators into education establishments shall be one year
as from the date of issuance. Where the persons sent to education establishments
deliberately evade the execution, the above-said statute of limitation shall be
recalculated from the time the acts of evasion terminate.
Article 92.- Expiry of
the time limits for serving the measure of sending into education
establishments
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Section 4. PROCEDURES FOR
SENDING VIOLATORS TO MEDICAL TREATMENT ESTABLISHMENTS
Article 93.- Compilation
of dossiers proposing sending into medical treatment establishments
1. For persons who have committed acts of law
offense prescribed in Article 26 of this Ordinance and need the application of
measure of sending into medical treatment establishments, the commune-level
People’s Committee
presidents of the localities where such persons reside shall consider and
compile dossiers for submission to the district-level People’s Committee presidents.
Such a dossier shall include a curriculum vitae,
medical records (if any), documents on law offenses committed by such person
and the already applied education measures, remarks of the police office,
opinions of the Fatherland Front Committee and relevant social organizations of
the same level.
2. For persons who have no fixed residence
places, the commune-level People’s
Committee presidents of the localities where such persons have committed acts
of law offense shall make records thereon and report such to the district-level
People’s Committee
presidents.
Where the subjects are directly detected,
investigated and handled by the provincial- and/or district-level police
offices in cases of law offenses, who are liable to be sent to medical
treatment establishments, the police offices which are processing the cases
must verify, gather documents and compile dossiers for submission to the
district-level People’s
Committee presidents.
Such a dossier shall include the curriculum
vitae, the medical records (if any), documents on law offenses committed by
such person, already applied education measures (if any).
3. The police offices shall have to assist the
presidents of the People’s
Committees of the same level in gathering documents and compiling dossiers.
4. Within three days after the receipt of the
dossiers or records prescribed in Clauses 1 and 2 of this Article, the
district-level People’s Committee presidents shall hand them to the heads of
the Labor, War Invalids and Social Affairs sections. Within fifteen days after
the receipt of the dossiers, the heads of the Labor, War Invalids and Social
Affairs sections shall coordinate with the police offices of the same level in
verifying the dossiers, gathering documents, completing the dossiers and
sending them to the Advisory Council members.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. The Advisory Council for sending into medical
treatment establishments shall be set up under decisions of the district-level
People’s Committee
presidents, comprising the head of the Labor, War Invalids and Social Affairs
section, the head of the Justice section, the district police chief, the
president of the district Women’s
Union. Where the subjects proposed to be sent to medical treatment
establishments are minors, the Advisory Council must be participated by the
head of the district-level Population, Family and Children Board. The head of
the Labor, War Invalids and Social Affairs section shall act as the standing
member of the Advisory Council.
2. Within seven days after the receipt of the
dossiers, the Advisory Council shall have to examine the dossiers and organize
meetings to scrutinize and approve the dossiers.
The Advisory Council shall work according to the
collective regime and make conclusions by majority. Divergent opinions must be
recorded into the minutes of the meetings, enclosed to the report to be
submitted to the district-level People’s
Committee presidents.
Article 95.- Decisions
on sending violators into medical treatment establishments
1. The district-level People’s Committee presidents shall
consider and decide the sending of violators to medical treatment
establishments within fifteen days as from the date of receiving the reports of
the Advisory Council.
2. The decisions on sending violators into
medical treatment establishments shall take effect after their signing and must
be immediately sent to the persons to be sent to medical treatment
establishments, their families, the district Labor, War Invalids and Social
Affairs sections, the district police offices, People’s
Councils and the commune-level People’s
Committees of the localities where such persons reside. Where the subjects are
minors, the decisions on sending them into medical treatment establishments
must be sent to their parents or guardians.
Article 96.- Contents
of decisions on sending violators into medical treatment establishments
The decisions on sending violators into medical
treatment establishments must clearly inscribe the dates of their issuance, the
full names and positions of the decision issuers; the full names, birth dates,
occupations and residence places of the persons to be sent to medical treatment
establishments; their acts of law offenses and clauses as well as articles of
the applicable legal documents; the time limits and places for decision
execution; the right to complain and initiate lawsuits against decisions on
sending violators into medical treatment establishments according to law
provisions.
Article 97.- Execution
of decisions on sending violators into medical treatment establishments
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. The time limit for executing the decisions on
sending violators into medical treatment establishments shall be counted from
the date the decision servers are sent to the medical treatment establishments.
Article 98.- Postponement
of or exemption from the execution of decisions on sending violators into
medical treatment establishments
1. The persons sent to medical treatment
establishments may postpone the execution of the decisions in the following
cases:
a) They are seriously ill, with certification by
hospitals of the district or higher level;
b) They are pregnant as certified by hospitals
of the district or higher level or are women who are nursing their children of
under 36 months old and file their applications therefor and get certification
of the commune-level People’s
Committees of the localities where such persons reside.
When the conditions for execution postponement
no longer exist, the decisions shall continue to be executed.
2. The persons sent to medical treatment
establishments shall be exempt from execution of decisions in the following
cases:
a) They are suffering from dangerous diseases,
with certification of hospitals of the district or higher level;
b) During the period of postponement of
execution of decisions, they make marked progress in the observance of law or
record merits.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 99.- Reduction
of time limits for, temporary suspension of or exemption from serving the
remaining duration at medical treatment establishments
1. Persons who have been sent to medical
treatment establishments and served half of their terms, if making marked
progress or recording merits, shall be considered for partly reduction of or
exemption from serving the remaining duration.
2. Where persons who are serving decisions at
medical treatment establishments are seriously ill and sent back to their
families for treatment, they shall be temporarily suspended from execution of
decisions; the treatment duration shall be counted into the time limits for execution
of decisions; if after their recovery from ailment, the remaining decision-
executing duration is three months or more, such persons shall have to continue
serving the decisions at the establishments. For pregnant women, they shall be
temporarily suspended from executing the decisions until their children reach
the age of 36 months old; if during the temporary suspension, such persons make
marked progress or record merits, they shall be exempt from serving the
remaining duration. Persons suffering from dangerous diseases shall be exempt
from serving the remaining duration.
3. The district-level People’s Committee presidents who have
issued decisions on sending violators to medical treatment establishments shall
decide to reduce the time limits for, temporarily suspend or exempt the
execution as provided for in Clauses 1 and 2 of this Article, based on the
proposals of the directors of the medical treatment establishments.
Article 100.- Statute
of limitation for execution of decisions on sending violators to medical
treatment establishments
The statute of limitation for execution of
decisions on sending violators to medical treatment establishments shall expire
after one year as from the date of issuing the decisions. Where the persons
sent to medical treatment establishments deliberately evade the execution, the
above-said statute of limitation shall be recalculated from the time the act of
evasion terminates.
Article 101.- Expiry
of the time limit for execution of measures of sending into medical treatment
establishments
When the persons sent to medical treatment
establishments have already served the decisions, the directors of the medical
treatment establishments shall grant them certificates and send the copies
thereof to the district-level People’s
Committee presidents who have issued the decisions, the commune-level People’s Committees of the localities
where such persons reside and to such persons families.
Section 5. PROCEDURES FOR
APPLICATION OF ADMINISTRATIVE PROBATION
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. For persons who have committed acts of law
offense prescribed in Article 27 of this Ordinance and need to be placed on
administrative probation, the district-level People’s
Committee presidents of the localities where such persons reside shall consider
and compile dossiers for submission to the provincial-level People’s Committee presidents.
2. Such a dossiers shall include the curriculum vitae,
documents on law offenses committed by such person, remarks of the
district-level police office, opinions of the Fatherland Front Committee of the
same level and opinions of the commune-level People’s
Committees of the locality where such person resides.
3. The district-level police offices and the
commune-level People’s
Committees of the localities where such persons reside shall have to assist the
district-level People’s
Committee presidents in gathering documents for compilation of the dossiers.
4. Within three days after the receipt of the
dossiers prescribed in Clause 1 of this Article, the provincial-level People’s Committee presidents shall
hand the dossiers to the directors of the provincial Police Departments. Within
twenty days after the receipt of such dossiers, the directors of the
provincial-level Police Departments shall have to verify the dossiers and send
them to the Advisory Council members.
Article 103.- The
Advisory Councils for administrative probation
1. A Advisory Council for administrative
probation shall be set up by decision of the provincial-level People’s Committee president,
comprising the director of the provincial Police Department, the director of
the Justice Service, the president of the provincial Fatherland Front Committee.
The director of the provincial Police Department shall act as standing member
of the Advisory Council.
2. Within fifteen days as from the date of
receiving the dossiers, the Advisory Council shall have to examine the dossiers
and organize meetings to scrutinize and approve the dossiers.
The Advisory Council shall work according to the
collective regime and make conclusions by majority. Divergent opinions must be
recorded in the minutes of the meetings, enclosed to the report for submission
to the provincial-level People’s
Committee presidents.
Article 104.-
Decisions on administrative probation
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. The decisions on administrative probation
take effect after their signing and must be immediately sent to the persons
subject to administrative probation, the district-level People’s Committees of the localities
where the dossiers are compiled, the provincial-level People’s Councils and the commune-level
People’s Committees of the
localities where such persons reside and the localities where the
administrative-probation decisions are executed.
Article 105.- Contents
of decisions on administrative probation
The administrative-probation decisions must
clearly inscribe the dates of their issuance; the full names and positions of
the decision issuers; the full names, birth dates, occupations, residence
places of the administrative probationers; their acts of law offenses; clauses
and articles of legal documents to be applied; the time limits and places of
decision execution; the right to complain and initiate lawsuits against
administrative-probation decisions according to law provisions.
Article 106.- Execution
of administrative-probation decisions
1. Within five days after the issuance of
decisions, the provincial-level police offices shall have to organize the
execution of the decisions on administrative probation.
2. The time limit for execution of
administrative-probation decisions shall be calculated from the date the
administrative probationers start serving the decisions. While serving the
decisions, the administrative probationers must submit to the management and
education of the commune-level administration and local population at places
where they serve the administrative-probation decisions.
3. The commune-level People’s Committee presidents of the
localities where the administrative probationers serve the decisions shall have
to manage and educate the probationers; and quarterly report to the
district-level People’s
Committee presidents thereon for further report to the provincial-level People’s Committee presidents.
Article 107.-
Reduction of the administrative-probation time limits
1. The administrative probationers who have
served half of the probation duration, if making marked progress in the
observance of law or recording merits, may be considered for reduction of the
probation duration.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 108.- Statute
of limitation for execution of administrative-probation decisions
The statute of limitation of administrative-
probation decisions shall expire after one year as from the date of issuance of
the decisions. Where the administrative probationers deliberately evade the
execution, the above-said statute of limitation shall be recalculated from the
time the acts of evasion terminate.
Article 109.- Expiry
of the administrative probation
When the administrative probationers have
completely served the decisions, the presidents of the People’s Committees of the communes
where the probation decisions are executed shall grant certificates to such
persons and send the copies thereof to the provincial-level People’s Committee presidents who have
issued the decisions and the district-level People’s
Committees of the localities where the dossiers were compiled.
Section 6. OTHER PROVISIONS
ON THE APPLICATION OF ADMINISTRATIVE HANDLING MEASURES
Article 110.- Temporarily
taking the persons who are serving the measures of sending into reformatories,
education establishments or medical treatment establishments out of the places
where they serve the administrative-handling measures at the request of the
criminal proceeding agencies
1. At the request of the competent criminal
proceedings agencies, the directors of reformatories, the directors of
education establishments, the directors of the medical treatment establishments
shall decide to temporarily take the persons serving the
administrative-handling measures out of the places where they serve those
measures for participation in the legal proceedings in cases related to such
persons.
2. The duration of temporary taking such persons
out of the places of serving the administrative-handling measures shall be
counted into the duration of serving those measures.
Article 111.-
Transferring the dossiers of subjects liable to the application of other
administrative handling measures with criminal signs for penal liability
examination
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. For cases where decisions to apply other
administrative handling measures were already issued and later the violation acts
of the persons to whom these measures have been applied are detected with
criminal signs while the statute of limitation for penal liability examination
has not yet expired, the persons who have issued decisions to apply other
administrative handling measures must cancel those decisions and within three
days as from the date of canceling the decisions must transfer the subjects
dossiers to the competent bodies conducting the criminal proceedings.
Where the imprisonment sentence was imposed by
courts, the duration of serving the measures of sending to reformatories,
education establishments or medical treatment establishments shall be counted
into the duration of serving the imprisonment penalty. Two days of serving the
measure of sending to reformatories, education establishments or medical
treatment establishments are calculated as equal to one day of serving the
imprisonment sentence.
Article 112.-
Examination of penal liability for criminal acts committed before or during the
time of serving the other administrative handling measures
Where the persons to whom other administrative
handling measures have been applied are detected as having committed criminal
acts before or during the time of serving the decisions thereon, at the
requests of the competent criminal proceeding bodies, the persons who have
issued decisions on education at communes, wards, district towns or on
administrative probation, or the directors of reformatories, the directors of
education establishments, or the directors of the medical treatment
establishments must issue decisions to temporarily suspend the execution of
decisions against such persons and transfer their dossiers to the criminal
proceeding bodies; where such persons have been sentenced to imprisonment by
courts, they shall be exempt from serving the remaining duration in the
decisions on the application of other administrative handling measures; if the
applied penalties are not the imprisonment penalty, those persons shall
possibly have to continue serving the decisions on application of other
administrative handling measures.
Article 113.- Handling
cases where a person is subject to both the sending into an education establishment
and the sending into a medical treatment establishment or both the sending into
a reformatory and the sending into a medical treatment establishment
In cases where a person has committed law
violation acts, being subject to the sending into education establishment and
also to medical treatment establishment or subject to the sending into
reformatory and also to medical treatment establishment, the competent body
shall only apply the measure of sending him/her into a medical treatment
establishment. The agency which has processed the dossiers shall have to
transfer the entire dossiers on such person to the Advisory Council for the
sending into a medical treatment establishment in order to carry out the
subsequent procedures according to law provisions.
Chapter VIII
SUPERVISION AND
EXAMINATION OF LAW OBSERVANCE IN HANDLING ADMINISTRATIVE VIOLATIONS
Article 114.- Supervision
by the Nationality Council and Committees of the National Assembly
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Supervise the handling of administrative
violations and request the concerned agencies, organizations and individuals to
report on the situation of handling administrative violations;
2. Upon receiving complaints and/or
denunciations about the handling of administrative violations, if detecting any
law offenses, request the competent persons to consider and settle them then
report on the settlement thereof; if disagreeing with the settlement results,
to request the superiors of those persons to settle them;
3. When conducting the supervision, if detecting
any law offenses which cause harms to the interests of the State, the
legitimate rights and interests of citizens, agencies and/or organizations,
request the competent persons to immediately apply necessary measures to
promptly stop the violations and consider the violators liability.
Article 115.-
Supervision by the People’s
Councils
The People’s
Councils at all levels shall, within the scope of their respective tasks and
powers, have the responsibility to:
1. Supervise the handling of administrative
violations in their respective localities;
2. Periodically examine reports of the People’s Committees of the same level
on the situation of handling administrative violations in the localities;
3. Upon receiving complaints and denunciations
about the handling of administrative violations, if detecting any law offenses,
request the competent persons to consider and settle them, then report on the
settlement thereof;
4. While supervising the handling of
administrative violations in their respective localities, if detecting any law
offenses which cause harms to the interests of the State, the legitimate rights
and interests of citizens, agencies and/or organizations, request the competent
persons to apply necessary measures in order to promptly stop the violations
and examine the violators liability.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The ministers, the heads of the
ministerial-level agencies and the heads of the agencies attached to the
Government shall have the responsibility to:
1. Regularly examine the handling of
administrative violations by persons competent to handle administrative
violations in the scope of their respective management;
2. Promptly settle complaints and denunciations
about the handling of administrative violations in the branches and domains
under their respective management according to law provisions;
3. Discipline persons who have committed
mistakes in handling administrative violations in the scope of their respective
management;
4. Implement the regime of reporting on the
situation of administrative violations in the branches and fields under their
management at the requests of competent agencies.
Article 117.-
Examination by the People’s
Committees at all levels
The presidents of the People’s Committees at all levels shall
have the responsibility to:
1. Regularly examine the handling of
administrative violations by persons competent to handle administrative
violations in the scope of their respective management.
2. Promptly settle complaints and denunciations
about the handling of administrative violations in their respective localities,
according to law provisions.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. Periodically or when requested, report to the
People’s Councils and
answer questions of deputies of the People’s
Councils of the same level on the situation of handling administrative
violations in the localities.
Chapter IX
COMPLAINTS,
DENUNCIATIONS, COMMENDATIONS AND HANDLING OF VIOLATIONS
Article 118.- Complaints,
denunciations
1. Individuals and organizations that are
sanctioned for administrative violations or their lawful representatives shall
have the right to complain about decisions on sanctioning administrative
violations, decisions on application of measures to prevent administrative
violations and ensure the handling thereof.
2. Persons who are subject to education at
communes, wards or district towns, to the sending to reformatories, education
establishments or medical treatment establishments or to administrative
probation or their lawful representatives shall have the right to complain
about the application of those measures.
3. All citizens shall have the right to denounce
illegal acts in handling administrative violations.
4. The competence, procedures and time limits
for settling complaints and denunciations shall comply with the legislation on
complaints and denunciations.
Article 119.- Initiating
administrative lawsuits
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 120.- Commendation
and reward
Individuals and organizations that record
achievements in preventing and combating administrative violations shall be
commended and/or rewarded according to the general regime of the State.
It is strictly forbidden to use money collected
from sanctions against administrative violations or from the sale of
confiscated material evidences and means for rewards.
Article 121.- Handling
violations committed by persons competent to handle administrative violations
Persons competent to handle administrative
violations who harass, tolerate, cover up, fail to handle or handle not in
time, improperly or handle beyond their competence violators shall, depending
in the nature and seriousness of their violations, be disciplined or examined
for penal liability; if causing damage, they must make compensations therefor
according to law provisions.
Article 122.- Handling
violations committed by persons handled for administrative violations
Persons who are handled for administrative
violations, if committing acts of opposing people on official duty, delaying or
evading the execution of decisions, or committing other acts, shall, depending
on the nature and seriousness of their violations, be administratively handled
or examined for penal liability; if causing damage, they must pay compensations
therefor according to law provisions.
Chapter X
IMPLEMENTATION
PROVISIONS
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
This Ordinance takes effect as from October 1,
2002.
It shall replace the July 6, 1995 Ordinance on
Handling of Administrative Violations.
All previous regulations on handling of
administrative violations, which are contrary to this Ordinance, shall be
annulled. Where it is otherwise provided for by laws, the provisions of laws
shall apply.
Article 124.-
Implementation guidance
The Government shall detail and guide the
implementation of this Ordinance.
ON BEHALF OF THE NATIONAL
ASSEMBLY STANDING COMMITTEE
CHAIRMAN
Nguyen Van An