THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 81/2013/ND-CP
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Hanoi, July 19, 2013
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DECREE
ON ELABORATING SOME
ARTICLES AND ENFORCEMENT OF THE LAW ON HANDLING ADMINISTRATIVE VIOLATIONS
Pursuant to the Law on Government organization dated December 25, 2001;
Pursuant to the Law on Handling administrative violations dated June
20, 2012;
At the request of the Minister of Justice;
The Government promulgates a Decree elaborating some articles and
enforcement of the Law on Handling administrative violations
Chapter 1.
ELABORATING PENALTIES FOR ADMINISTRATIVE VIOLATIONS
AND ADMINISTRATIVE MEASURES
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The subjects of penalties for administrative violations are the
organizations and individuals defined in Clause 1 Article 5 of the Law on
Handling administrative violations.
The officials and public servants that commit violations, which relate to
their duties, shall face penalties in accordance with the laws on officials and
public servants, not the Laws on handling administrative violations.
The state agencies that commit violations related to their duties shall
face penalties in accordance with relevant laws, not the Laws on handling
administrative violations.
Article 2. Definition of administrative violations,
penalties, fine rates, and remedial measures in Decrees on penalties for
administrative violations in various fields
1. The definition of administrative violations must:
a) Define the obligations, responsibility, and prohibitions related to
administrative management order;
b) Meet the requirements of administrative management order;
c) The administrative violations must be clearly and specifically defined
to ensure practicality.
2. The decision on penalties and rates of fines for
each administrative violation must be based on:
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b) The income and living standards of the people in each period;
c) The educational meaning, reasonability, and feasibility of the
penalties.
3. The remedial measures for each administrative
violation must be taken based on the requirements below:
a) Severe damage is caused or likely to be caused;
b) The measures meet the requirements for restoring administrative
management order;
c) The measures are clearly and specifically described to ensure
practicality and feasibility.
4. The fine bracket for each administrative violation
must be specific. The distance between the lowest and highest fine must not be
too great. The fine brackets in an Article must be arranged in ascending order.
5. The administrative violations must be defined in
Decrees on penalties for administrative violations related to corresponding
fields, and suitable for the nature of such violations. Where an administrative
violation against the law on one field has characteristics related to another
field, it shall be penalized in accordance with the Decrees on the other field.
In this case, the forms and level of penalties must be consistent with the
Decrees on penalties for administrative violations related to the corresponding
field.
Article 3. Temporary revocation of licenses, practice
certificates, or confiscation of exhibits
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a) The violations of the contents in the license or practice certificate;
b) The violation is severe and threatens administrative management order.
The duration of revocation of the license and practice certificate must be
specified in the form of time brackets. The distance between the shortest and
longest duration must not be too great.
2. The confiscation of exhibits of administrative
violations (hereinafter referred to as exhibits) must be based on:
a) The severe violations that are deliberately committed;
b) The items, money, goods, vehicles that are exhibits of the
administrative violations, or are used for committing the administrative
violations, which would not have been committed without them.
If the exhibits are drugs, weapons, explosives, combat gears, items having
historical or cultural meaning, national treasures, relics, antiques, rare
forestry products, and items banned from circulation shall be confiscated.
Article 4. Deciding whether the temporary revocation
licenses, practice certificate, or temporary suspension of operation are the
primary or additional forms of penalties in Decrees on penalties for
administrative violations
Whether the temporary revocation licenses, practice certificate, or
temporary suspension of operation are the primary or additional forms of
penalties in Decrees on penalties for administrative violations shall be
decided pursuant to Article 21 and Article 25 of the Law on Handling
administrative violations, Clause 1 Article 3 of this Decree, and
characteristics of each field.
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1. The power to impose fines of each position must be
specified in Decrees on penalties for administrative violations. For the
Decrees that regulate multiple fields, this power must be specified in each
field.
If the powers to impose fines of the positions in Article 38, Article 39,
Article 40, Article 41, and Article 46 of the Law on Handling administrative
violations are expressed in percentage of the maximum fines in the
corresponding fields specified in Clause 1 Article 24 of the Law on Handling
administrative violations, the fines must be expressed is specific amount.
2. For the fields mention in Clause 3 Article 24 of
the Law on Handling administrative violations, in which the fines vary
according to the recurrence or value of the illegal items, the powers to impose
penalties of the positions in Article 38, Article 39, Article 40, Article 41,
and Article 46 of the Law on Handling administrative violations shall vary
according to the percentage of maximum fines in the field, and converted in to
specific amounts.
3. If a Decree on penalties for administrative
violations allows multiple positions to impose penalties in various fields, the
Decree must specify the power to impose penalties of those positions in
separate Articles.
If the Decree specifies typical administrative violations in a specific
field according to Clause 5 Article 2 of this Decree, the positions that have
the power to impose penalties in a specific field are also entitled to impose
penalties for the typical violations specified in the Decree on penalties for
administrative violations in another field.
4. The written delegations of the power specified in
Article 54, Clause 2 Article 87, and Clause 2 Article 123 of the Law on
Handling administrative violations must specify the range, contents, and
duration of the delegation. Written delegations must be numbered, dated, signed,
and stamped; if the delegator has no seal, the seal of a superior agency shall
be appended.
The legal basis of the decision on penalties for administrative violations
of the delegated person must specify the numbers and dates of the written
authorizations.
5. The person appointed as the head of an agency that
has the power to impose penalties also has the power to impose penalties and
delegate the power to impose penalties.
Article 6. Making records on administrative violations
and decisions on penalties for administrative violations
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The positions entitled to make records shall be specified in Decrees on
penalties for administrative violations in each field.
2. The persons entitled to make records on
administrative violations defined in Clause 1 of this Article may only make
records on the violations related to their duties, and shall take
responsibility for such records.
3. Only one record and one decision on penalties
shall be made for a violation. Where a record is made but no decision on
penalties is imposed, if the organization or individual refuses to comply with
the request or order of the person entitled to impose penalties and
deliberately commit the violation, the person entitled to impose penalties
shall take preventive measures and impose suitable penalties to stop the
violation. When making a decision on penalties, the person entitled to impose
penalties may consider aggravating circumstances specified in Point i Clause 1
Article 10 of the Law on Handling administrative violations, or impose
penalties for the failure to comply with the request or order made by the
person entitled to impose penalties if a record is made but no decision on
penalties is imposed.
If a decision on penalties is made, but the violator has not implemented
the decision, or keep committing the violation after implementing the decision,
it shall be considered a new violation.
4. If multiple violations are committed in the same
case, the record on administrative violations must specify each violation. The
decision on penalties shall be made in accordance with Clause 3 Article 67 of
the Law on Handling administrative violations.
5. When remedial measures are taken, according to
Clause 5 Article 85 of the Law on Handling administrative violations, the
decision on penalties must indicate the person that incurs the remediation
cost.
6. For the violations that must be announced,
according to Clause 1 Article 72 of the Law on Handling administrative
violations, the decision on penalties for administrative violations must
specify the basis, the announcement contents, the newspaper, the websites of
ministerial, provincial agencies, or People’s Committee of the province where
the violation is committed.
Article 7. Revoking licenses and practice certificates
1. When an individual or organization commits
multiple administrative violations, two violations among which have the same
license or practice certificate revoked, the longest duration revocation shall
apply.
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3. Within 05 working days from the day on which the
decision to revoke the license or practice certificate is made, the person
entitled to make such decision shall send a written notification to the issuer
of such license or practice certificate.
4. If the license, practice certificate, certificate
of registration is found falsified, or the papers in the application for its
issuance are forged, the person entitled to impose penalties shall revoke it
and notify the issuer.
Article 8. Announcing penalties incurred by
organizations and individuals that commit administrative violations on the
media
1. For the violations that must be publicly announced,
according to Clause 1 Article 72 of the Law on Handling administrative
violations, the head of the agency of the person that made the decision on
penalties shall send a written notification of the announcement and a copy of
the decision on penalties for administrative violations to the person in charge
of newspaper or website of a ministerial, provincial agency, or the People’s
Committee of the province where violations are committed within 03 working days
from the day on which the decision on penalties is issued.
2. The announcement must specify the full name and
occupation of the individual, or name and address of the organization that
commits violations, the violations, the consequences or impacts of the
violations; the penalties, remedial measures, and implementation time.
3. When receiving the written request for
announcement, the person in charge of the newspaper or website shall post all
the information that need announcing.
4. The head of the agency of the person that makes
the decision on penalties for administrative violation is responsible for the
announced information, and shall adjust the false information within 01 working
day from the day on which the false information is found or a request for
adjustment is made. The cost of adjustment shall be incurred by the agency of
the person that makes the decision on penalties. The person in charge of the
newspaper or website shall make the adjustment within 01 working day on the
website or on the next issue of the newspaper from the time the request is
made.
If the website or newspaper does not accurately post the information in
Clause 2 of this Article, the adjustment must be made in the same position or
column within 01 working day.
5. If announcement cannot be made punctually due to
force majeure, the competent person shall send a report to the head, and
immediately make the announcement after the force majeure passes.
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Article 9. Enforcing decisions on penalties for
administrative violations in case the penalized person is dead or missing, or
the penalized organization is dissolved or bankrupt
1. In case the penalized individual is dead or
missing, or the penalized organization is dissolved or bankrupt, according to
Article 75 of the Law on Handling administrative violations, and the statute of
limitations has not expired, the person who makes the decision on penalties
shall make a decision on enforcing part of the decision on penalties for
administrative violations within 60 days from the day on which the penalized
person dies written in the death certificate, or the missing date written the
missing person declaration, or the dissolution or bankruptcy date written in
the decision on dissolution or bankruptcy. The decision on enforcement shall
specify:
a) The suspension of penalties and reasons for such suspension, except for
the cases in Point b of this Clause;
b) The exhibits that must be confiscated and remedial measures that must be
taken.
2. The individual or organization in charge of the
exhibits shall implement the decision on exhibit confiscation.
The inheritor of assets, according to the laws on inheritance, shall
implement take the remedial measures in the decision on penalties
Incase the penalized organization is dissolved or bankrupt, the decision
on implementation part of the decision on penalties for administrative
violations shall be sent to the organization or individual entitled to settle
the dissolution or bankruptcy, and the legal representative of the dissolved or
bankrupt organization.
3. Within 03 working days from the day on which the
decision on implementing part of the decision on penalties for administrative
violations is made, it must be sent to the organizations and individuals
mentioned in Clause 2 of this Article.
4. The procedure for implementing part of the
decision on penalties in Point b Clause 1 of this Article is specified in
Section 2 Chapter III Part 2 of the Law on Handling administrative violations. If
the organizations and individuals mentioned in Clause 2 of this Article fail to
take remedial measures by the deadline for implementing the decision, the
agency of the person entitled to impose penalties shall take such measures. The
cost of remediation shall be deducted from the inheritance left by the left by
the penalized person or the assets left by the penalized organization that is
dissolved or bankrupt, and shall be considered prioritized payables.
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6. The inheritor of the penalized person who is dead
or missing, the legal representative of the penalized organization that is
bankrupt or dissolved are entitled to supervise and file lawsuits against the
cost and payment for the cost of remediation defined in Clause 4 of this
Article.
Article 10. Method and procedure for collecting and
paying fines
1. The violators shall pay fines as follows:
a) Paying directly at State Treasuries or commercial banks delegated to
collect fines by State Treasuries, which are written in the decision on
penalties;
b) Paying directly or sending money to accounts of State Treasuries, which
are written in the decision on penalties;
c) Paying directly to the person entitled to impose penalties according to
Clause 1 Article 56, Clause 2 Article 78 of the Law on Handling administrative
violations, or paying directly to the port authority or airport authority if
the penalized person is a passenger that transits through Vietnam, the aircrew
of the transit flight, the aircrew of a foreign airline that takes off from
Vietnam.
2. If the decision on penalties only impose fines,
and the penalized person does not reside, or the penalized organization does
not situate in the locality where the violation is committed, the person
entitled to impose penalties shall decide the method of fine payment in
accordance with Point b Clause 2 of this Article at the request of the
penalized organization or penalized person, and send the decision on penalties
to the organization or individual by express mail within 2 working days from
the day on which the decision on penalties is made.
The penalized person or organization shall pay fines to the account of the
State Treasury written in the decision on penalties by the deadline in Clause 1
Article 73 of the Law on Handling administrative violations.
Within 05 working days from the day on which the fine is sent to the
account of the State Treasury, the person who impounds the papers that ensure
the penalty imposition, according to Clause 6 Article 125 of the Law on
Handling administrative violations, shall return them to the penalized person
or organization by express mail. The cost of sending the decision on penalties
and returning the papers shall be incurred by the penalized person or
organization.
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4. If the person asks for a reduction in the residual
or the whole fine, according to Article 77 of the Law on Handling
administrative violations, a written request shall be sent to the person that
makes the decision on penalties within 10 working days, before the deadline for
delay written in the decision to delay enforcing the decision on penalties.
5. Within 05 working days from the day on which the
written request for paying the fine in installments, the person who makes the
decision on penalties shall send a written reply to the requester. Explanation
must be provided if the request is rejected.
6. If the fines in paid late, according to Clause 1
Article 78 of the Law on Handling administrative violations, the agency that
collects fines shall calculate and collect late payment interest based on the
decision on penalties.
7. The decision to delay enforcing the decision on
penalties; reducing or canceling the residual or the whole fine; paying fines
in installments must be made in writing.
The period during with the reduction or cancellation of the residual fine,
or the fine payment in installments is considered shall not be included period
of late payment.
8. The Minister of Finance shall cooperate with other
Ministers and agencies in providing guidance on the collection and fines for
administrative violations prescribed in Clause 1 and Clause 2 of this Article.
Article 11. Receipts of payments of fines and late
payment interest
1. The receipts of payments of fines and late payment
interest shall be uniformly printed, issued, managed, and used nationwide in
accordance with law to determine the amount of money paid to the agencies
authorized to collect fines by penalized persons and organizations.
2. Receipts of payments of fines and late payment
interest include:
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b) The fine receipts that do not have the amount of fines preprinted,
which are used for other cases and when collecting late payment interest;
c) Written confirmations of remittance to accounts of State Treasuries (if
any);
d) Other receipts defined by law.
3. The fine receipts shall be issued as follows:
a) The Ministry of Finance shall provide fine receipts for the agencies of
the persons entitled to impose penalties and the agencies that collect fines
according to law;
b) The issuer must make a written announcement before introducing a new
form of fine receipts;
c) The organizations and individuals provided with fine receipts shall
manage and use them in accordance with this Decree and relevant regulations.
4. Using fine receipts:
a) The organizations and individuals that collect fines must compare
information on the decision on penalties for administrative violations and the
information on the fine receipts when using fine receipts. The total amount
written on the fine receipt must match the fine written in the decision on
penalties;
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b) The fine payers may refuse to pay fines if they find that the fine
receipts are not conformable, not consistent with the decision on penalties, or
the fine, late payment interest (if any) is not correct, and shall notify the
agency authorized to collect fines.
5. Managing fine receipts:
a) Fine receipts shall be managed in accordance with current management regulations
on each kind of receipts;
b) The agencies provided with fine receipts must monitor and preserve
receipts under current accounting regime, make monthly and quarterly reports on
the use of fine receipts; and finalize fine receipts annually;
c) The invalidation of fine receipts must comply with current regulations
on each kind of receipts.
6. The Minister of Finance shall specify the contents
and appearance of fine receipts, organize the printing, publishing, management,
and use of fine receipts.
Article 12. Procedure for transferring confiscated
exhibits to put up for auction
1. For the confiscated exhibits that do not fall into
the cases in Points a, b, c, d Clause 1 Article 82 of the Law on Handling administrative
violations, the agency that makes the decision on confiscation sign an auction
contract with local auction company within 30 days from the day on which the
decision is made.
If no auction company is hired, an auction council shall be established by
the agency that makes the decision. The composition of the council and the
procedure for auctioning shall comply with the laws on property auction.
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If the confiscated exhibits are bulky or in large quantity, the auction
company shall sign a preservation contract with the place where such exhibits
are stored. The auction shall be held where the exhibits are stored.
3. The agency that decides the confiscation must
provide the auction company with the relevant documents when transferring the
exhibits. The documents include the note of transfer, the decision on
confiscation, the papers related to the right to ownership and right to
enjoyment (if any), the written valuation, the other invoices or receipts that
indicate the values of confiscated exhibits.
4. If the confiscated exhibits are not put up for
auction, or the money collected after the auction is not enough to defray the
cost mentioned in Clause 4 Article 82 of the Law on Handling administrative
violations, the state budget shall provide supports in accordance with the laws
on the state budget management.
Article 13. Identifying ages of persons that incurred
administrative penalties
1. The age of the person that incurs administrative
penalties shall be identified based on his or her birth certificate. If the
birth certificate is not available, the date of birth shall be identified based
on the ID card, passport, household registration book, or other papers issued
by competent authorities which specify the date of birth.
If the papers mentioned above are not available, the age shall be
identified based on the book of civil status or other documents of state
agencies.
If the dates of birth written on those papers are not consistent, the date
of birth that is most advantageous to the person.
2. If the papers mentioned in Clause 1 of this
Article do not specify the date of birth, it shall be identified as follows:
a) If the month is identified, but not a specific day is identified, the
last day of that month shall be the date of birth;
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c) If the first or the last six months is identified, but not a specific
day and month is identified, the 30th of June or the 31st
of December of that year shall be the date of birth;
d) If the specific year is identified, but not a specific day and month is
identified, the 31st of December of that year shall be the date of
birth.
3. The identification of age specified in Clause 1
and Clause 2 of this Article must be made in writing.
Article 14. Penalties for administrative violations
incurred by minors
1. When imposing administrative penalties on a minor,
if his or her accurate age is not identified, the person entitled to impose
penalties shall decide on penalty that is most advantageous to the minor.
2. Before issuing a warning to a minor that commits
an administrative violation, the persons entitled to impose administrative
penalties shall consider the conditions for giving reprimands according to
Article 139 of the Law on Handling administrative violations and Article 15 of
this Decree. Only issue warnings to a minor if the conditions for giving
reprimands are not satisfied.
Article 15. Reprimands
1. Reprimands are educational measures that are used
in place of warnings, which are given to the minors to make them aware of the
violations they commit.
2. Reprimands shall be given when:
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b) The minors from 16 years of age to under 18 years of age commit
administrative violations, voluntarily make confession, admit their violations,
and regret committing them.
3. The person entitled to impose penalties shall
consider giving reprimands based on the conditions in Clause 2 of this Article.
Reprimands shall be given verbally, not in writing.
Article 16. Applying for administrative measures
1. Applications for educational actions shall be made
when the person that commits the violations defined in Clause 3 and Clause 5
Article 90 the Law on Handling administrative violations, has incurred
penalties for the same violations twice within 06 months.
2. Applications for sending a person to reform
schools shall be made when that person commits the violations in Clause 4
Article 92 Clause 1 of the Law on Handling administrative violations, has
incurred educational actions and at least two administrative penalties for the
same violations within 06 months.
3. The persons local following detoxification
programs in accordance with drug law shall not be sent to detoxification
centers.
Article 17. Notifying the application and inspecting
legitimacy of the application for administrative measures
1. Within 03 working days after the application is made
according to in Clause 4 Article 97, Clause 3 Article 99, Clause 3 Article 101,
and Clause 3 Article 103 of the Law on Handling administrative violations, the
application maker shall notify the violator, parent or guardian of the underage
violator. The notification must specify the administrative measures in the
application, the right to read, record, and photocopy necessary information in
the application.
2. The legitimacy of the application for
administrative measures in Clause 1 of this Article shall be inspected by the
official in charge of judicial affairs and civil status of the commune, or the
Director of the Judicial Departments of the district, to ensure the legitimacy
and adequacy, in particular:
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b) The statute of limitations in Clause 2 Article 6 of the Law on Handling
administrative violations, the persons that incur administrative penalties
mentioned in Article 90, Article 29, and Article 96 of the Law on Handling
administrative violations;
c) The power to apply, the procedure for applying for administrative
measures.
3. The written legitimacy inspection must bear the
seal and signature of a competent person, and the certified by People’s
Committees of communes if it is within the competence of communes. The written
legitimacy inspection shall be enclosed with the application for administrative
measures.
Article 18. Responsibilities of persons authorized to
imposed penalties for administrative violations
1. When imposing penalties for administrative
violation considering taking administrative measures, the authorized person
must:
a) Have the order, wear uniforms and badges as prescribed;
b) Quickly and properly handle the violations in accordance with the laws
on penalties for administrative violations and the regulations of each field;
c) Express politeness and seriousness, not harass or ask for money or
property from the violators, not tolerate or screen the violators, not commit
prohibited acts.
2. The persons that commit the violations in Clause 1
of this Article or the regulations on prohibited acts in Article 12 of the Law
on Handling administrative violations, or violate other legislation shall face
disciplinary actions or criminal prosecution, depending on the nature and
severity of the violations, and pay compensation for any damage in accordance
with legislation on state liability for compensation.
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STATE MANAGEMENT OF ENFORCEMENT OF THE LAWS ON
PENALTIES FOR ADMINISTRATIVE VIOLATIONS
SECTION 1. CONTENTS OF STATE MANAGEMENT OF ENFORCEMENT
OF THE LAWS ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS
Article 19. Formulation and completion of the laws on
handling administrative violations
1. Researching, formulating, and completing policies
and the laws on handling administrative violations.
2. Promulgate or request competent authorities to
promulgate legislative documents on handling administrative violations.
3. Reviewing and monitoring the implementation of
legislative documents on handling administrative violations in order to find
unfeasible, impractical, or inconsistent to amend them or request competent
authorities to amend them.
4. Summarize the implementation to complete the
system of legislative documents on handling administrative violations.
Article 20. Propagating law, providing guidance and
training in the laws on handling administrative violations
1. Researching and compiling documents serving the
training in the laws on handling administrative violations.
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3. Propagate the laws on handling administrative
violations in various forms.
4. Providing guidance on application of the laws on
handling administrative violations
Article 21. Inspecting conformity with the laws on
handling administrative violations
1. The inspection of conformity with the laws on
handling administrative violations includes:
a) The promulgation of legislative documents on handling administrative
violations;
b) The propagation of laws, provision of training, distribution of
resources, and other conditions for ensuring conformity with the laws on
handling administrative violations within the Ministries, agencies and local
governments;
c) The application of the laws on handling administrative violations;
d) The making of statistics on penalties for administrative violations;
dd) The development and management of the database about penalties for
administrative violations and provision of information to integrate into the
national database;
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2. Inspections shall be carried out in the cases
below:
a) At the request of the Prime Minister;
b) At the request of the Ministries, agencies and provincial People’s
Committees;
c) At the request of Services of Justice and Divisions of Justice based on
the conformity with the laws on handling administrative violations;
c) The conformity with the laws on handling administrative violations
within the interdisciplinary management that face difficulties, irrationality,
or complication.
3. Method of inspection:
a) Periodic inspections, thematic inspections, local inspections;
b) Unscheduled inspections;
c) Interdisciplinary inspections.
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a) The Minister of Justice shall make decisions on inspection in the cases
in Points a, b, and d Clause 2 of this Article. The Minister of Justice shall
request the Prime Minister to consider and make decisions in the complicated,
interdisciplinary, and nationwide cases in Point d Clause 2 of this Article;
b) Presidents of People’s Committees of provinces and districts shall make
decisions on inspection in the cases in Point c and Point d Clause 2 of this
Article that arise locally.
5. The decision on inspection must specify the
composition of the inspectorate, the time, content, and location of inspection,
the inspected unit, responsibilities of the inspectorate, and be sent to the
inspected organization.
6. Reporting inspection results:
a) Within 15 days from the day on which the inspection is finished, the
chief inspector shall send a written report on the inspection results to the
person that made the decision to establish the inspectorate, and to the
inspected organization.
If the report on the inspection results requests the inspected
organization to consider the recommendations given by the inspectorate, the
inspected organization shall consider them and send a report to the person that
made the decision to establish the inspectorate within 30 days from the day on
which the report on inspection results is received;
b) The report on inspection results must specify the conformity with the
laws on penalties for administrative violations; accomplishments, difficulties,
irrationalities, reasons, and recommendations.
Article 22. Cooperation in inspecting the conformity
with the laws on handling administrative violations
the Ministry of Justice shall cooperate with other Ministries, ministerial
agencies, and specialized agencies of provincial People’s Committees and
district-level People’s Committee in inspecting the conformity with the laws on
penalties for administrative violations when receiving feedbacks from the press
and other organizations and individuals about the infringement of their lawful
rights and interests during the implementation of the laws on penalties for
administrative violations.
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1. The national database about penalties for
administrative violations is developed based on the integration of electronic
data from the database about penalties for administrative violations of
Ministries, ministerial agencies, and People’s Committees.
2. The development, management, and use of the
national database must comply with the Decrees on the national database about
penalties for administrative violations.
Article 24. Producing statistics on penalties for
administrative violations
1. Statistical information on penalties for
administrative violations are the basis for assessing an forecasting the
propensity of administrative violations, suggesting solutions, completing
policies and legislation, serving the making of reports on conformity of the
laws on penalties for administrative violations and management foreign of
penalties for administrative violations.
2. Statistical information about handling
administrative violations shall be collected in accordance with the laws on
statistics.
Article 25. Reporting the enforcement of the laws on
handling administrative violations
1. Reports on the enforcement of the laws on
penalties for administrative violations include reports on penalties for
administrative violations and the administrative measures taken every 06 months
and every year.
2. A report on penalties for administrative
violations contains:
a) General assessment of administrative violations and penalties for
administrative violations locally;
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c) The results of enforcement of decision on penalties for administrative
violations: The total amount of fines collected, quantity of confiscated
exhibits, quantity of temporarily revoked licenses and practice certificates,
the number of suspensions of business, the number of decisions on penalties
that have not enforced, the number of decisions on delaying, reducing, or
canceling fines, the number of enforcements, the number of complaints and
denunciations;
d) The reprimands given to minor violators in place of administrative
penalties;
dd) The cases suspected of criminal offence shall be transferred to
initiate criminal prosecutions;
e) The difficulties and irrationalities that arise during the enforcement
of the laws on penalties for administrative violations; recommendations.
3. A report on administrative measures contains:
a) General assessment of educational actions, and applications for
administrative measures; the number of complaints and denunciations;
b) The number of local persons that incur educational actions, and the
number of applications for taking administrative measures sent to the court;
c) The number of minors that incur familial educational actions in place
of administrative penalties;
d) The enforcement of decisions to take administrative measures made by
the court; the number of delays and cancellations of such decisions, the
conditions of the persons eligible for such delays and cancellations Article
113 of the Law on Handling administrative violations;
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e) The number of persons in reform schools; the number of persons eligible for reduction,
suspension, or cancellation; the number of persons without
identified residences that are eligible for suspension or
cancellation;
g) The number of persons without identified residences that are underage,
elderly, sick, or incapable of work and sent to social protection facilities;
h) Difficulties, irrationalities, and recommendations.
4. The period during which information is obtained is
from the 1st of October of the previous year to the 31st
of March of the next year - for biannual reports, and from the 1st
of October of the previous year to the 30th of September of the next
year - for annual reports.
SECTION 2. RESPONSIBILITY TO STATE MANAGEMENT OF ENFORCEMENT
OF LEGISLATION ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS
Article 26. Responsibilities of the Ministry of
Justice
The Ministry of Justice is responsible to the Government for the state
management of enforcement of legislation on penalties for administrative
violation, and has the tasks and entitlements below:
1. Develop and complement the laws on handling
administrative violations:
a) Request competent authorities to develop and complete the legislation
on handling administrative violations;
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c) Cooperate with Office of the Government, other Ministries, and
ministerial agencies in formulating Decrees on measures for enforcement of the
Law on Handling administrative violations; providing guidance, urging other
Ministries and ministerial agencies to give recommendations and formulate
Decrees.
d) Request the amendment and complementation of the laws on handling
administrative violations based on the recommendations of other organizations
and individuals and the practical enforcement of the laws on penalties for
administrative violations; cooperate with Office of the Government and relevant
agencies in providing solutions for the difficulties and irrationalities in the
application of the laws on penalties for administrative violations;
dd) Summarize the enforcement of the laws on handling administrative
violations.
2. Monitor the enforcement of the laws on handling
administrative violations.
a) Provide guidance, inspect and urge other Ministries, ministerial
agencies, People’s Councils, and People’s Committees to implement the laws on
handling administrative violations, find and irrationalities, and provide
solutions;
b) Give recommendations about the application of the laws on handling
administrative violations under the assignment of the Government and the Prime
Minister.
3. Provide guidance on the laws on penalties for
administrative violations within there area of competence or at the request of
Ministries, ministerial agencies, and local governments.
4. Provide guidance on the propagation of the laws on
handling administrative violations; cooperate with other Ministries and
ministerial agencies in providing guidance and training in the implementation
of the laws on penalties for administrative violations.
5. Cooperate with other Ministries, ministerial
agencies, and relevant organization in carrying out inspections of the
enforcement of the laws on penalties for administrative violations in the cases
mentioned in Point a, Point b, and Point d Clause 2 Article 21 of this Decree.
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7. Develop the national database about penalties for
administrative violations; provide guidance on the management and use of the
national database about penalties for administrative violations in accordance
with law.
8. Establish and maintain the operation of web
portals to receive feedbacks, recommendations, and results of settlement of
administrative violations.
9. Promulgate and implement regulations on making
statistics on penalties for administrative violations.
10. Send reports on the enforcement of the laws on
handling administrative violations to competent authorities.
11. Fulfill the responsibilities mentioned in Article
27 of this Decree.
Article 27. Responsibilities of other Ministries and
ministerial agencies
1. Develop and complement the laws on penalties for
administrative violations within their management, according to Article 19 of
this Decree.
2. Make reports on the penalties for administrative
violations within the competence of Ministries and ministerial agencies, in
accordance with Clause 2 Article 25 of this Decree, and send it to the Ministry
of Justice before the 20th of April - for biannual reports, or
before the 20th of October - for annual reports.
The Ministry of Labor, War Invalids and Social Affairs shall report the
compulsory detoxifications according to Points d, dd, g, and h Clause 3 Article
25 of this Decree.
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3. Make statistics under the management of Ministries
and ministerial agencies.
4. Develop the database about penalties for
administrative violations within the competence of Ministries and ministerial
agencies; instruct other agencies and units to provide information to serve the
development of the database about penalties for administrative violations, and
integrate them into the national database about penalties for administrative
violations at the Ministry of Justice.
Instruct the units affiliated to Ministries and ministerial agencies to
provide and send information about penalties for administrative violations to
the Ministry of Justice for developing the national database about penalties
for administrative violations.
5. Inspect the enforcement of the laws on penalties
for administrative violations within the management of Ministries and
ministerial agencies.
6. Provide training in application of the laws on
handling administrative violations under the management of Ministries and
ministerial agencies.
7. Develop the infrastructure, strengthen the
organizational structure, and distribute resource to initiate the enforcement of
the laws on penalties for administrative violations in accordance with Clause 2
Article 4 of the National Assembly’s Resolution No. 24/2012/QH13 on enforcement
of the Law on Handling administrative violations.
8. Legal departments of Ministries and ministerial
agencies shall assist the Ministers and Heads of ministerial agencies in
monitoring the enforcement of the laws on penalties for administrative
violations under the management of Ministries and ministerial agencies as
prescribed in Clause 2, Clause 5, and Clause 6 of this Article, and other tasks
on request.
Article 28. Responsibilities of the Ministry of Home
Affairs
1. Fulfill the responsibilities mentioned in Article
27 of this Decree.
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Article 29. Responsibilities of the Ministry of Home
Affairs
1. Fulfill the responsibilities mentioned in Article
27 of this Decree.
2. Cooperate with the Ministry of Justice in
providing guidance and budget for state management of enforcement of the laws
on penalties for administrative violations, and organize the implementation of
the laws on penalties for administrative violations in accordance with the Law
on State budget.
Article 30. Responsibilities of People’s Committees
Within the area of their competence, People’s Committees shall:
1. Report the enforcement of the laws on handling
administrative violations, in particular:
a) Presidents of People’s Committees of communes shall report the
enforcement of the laws on penalties for administrative violations under their
management to People’s Committees of districts before the 05th of
April - for biannual reports, or before the 05th of October - for
annual reports;
The Department of Justice shall assist Presidents of the People’s
Committees of districts in reporting the local enforcement of the laws on
penalties for administrative violations.
a) Heads of specialized agencies affiliated to provincial People’s
Committees and People’s Committees of districts shall report the enforcement of
the laws on penalties for administrative violations under their management to
Services of Justice before the 10th of April - for biannual reports,
or before the 10th of October - for annual reports. Services of
Justice shall summarize them and send reports to provincial People’s
Committees.
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c) Presidents of provincial People’s Committees shall report the
enforcement of the laws on penalties for administrative violations under their
management to the Ministry of Justice before the 20th of April - for
biannual reports, or before the 20th of October - for annual
reports;
d) The Presidents of the People’s Committees, within their area of
competence, shall report the information prescribed in Clause 2 Article 25 of
this Decree.
Presidents of provincial People’s Committees shall report the information
prescribed in Points a, b, c, g, and h Clause 3 Article 25 of this Decree.
2. During the enforcement of the laws on penalties
for administrative violations, if the regulations on penalties administrative
violations are found unfeasible, impractical, or inconsistent, People’s
Committees shall request the compiling agencies or the Ministry of Justice to
consider amending them.
3. Perform statistical tasks under the management of
local governments.
4. Provide training in application of the laws on
handling administrative violations under the management of local governments.
5. Establish interdisciplinary inspectorates to
inspect the enforcement of the laws on penalties for administrative violations
in the cases mentioned in Point b, c, and d Clause 2 Article 21 of this Decree.
6. Carry out inspections at the request of Services
of Justice or when receiving feedbacks from the press or other local
organizations and individuals about the infringement of their lawful rights and
interests constituted by the application of the laws on penalties for
administrative violations, according to Article 22 of this Decree.
7. Providing guidance on developing infrastructure,
strengthening the organizational structure, and distributing resource to
initiate the enforcement of the laws on penalties for administrative
violations, according to Clause 2 Article 4 of the National Assembly’s
Resolution No. 24/2012/QH13 on enforcement of the Law on Handling
administrative violations.
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Services of Justice shall assist provincial People’s Committees in
developing the database about penalties for administrative violations and
integrate them into the national database about penalties for administrative
violations at the Ministry of Justice.
Chapter 3.
IMPLEMENTATION
Article 31. Budget for organizing the enforcement of
the laws on penalties for administrative violations
1. The budget for the state management of the enforcement
of the laws on penalties for administrative violations shall be provided by the
state budget and allocated in state budget estimates of relevant agencies and
units in accordance with the Law on State budget.
2. Central and local agencies shall estimate the
budget for enforcement of the laws on penalties for administrative violations
when making annual budget estimate, and send them to the finance authorities at
the same level for consideration.
Article 32. The forms used for imposition of
penalties for administrative violations
The forms used for imposition of penalties for administrative violations
are provided in the Appendix to this Decree.
Based on the forms provided in the Appendix to this Decree, ministers,
Heads of ministerial agencies, and provincial People’s Committees may
promulgate their own forms, and prescribe the use of such forms for the
imposition of penalties for administrative violations. If necessary, Ministers
and Heads of ministerial agencies may promulgate the other forms to serve the
state management after a consensus with the Ministry of Justice is achieved.
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1. This Decree takes effect on July 19, 2013.
2. This Decree supersedes the Government's Decree No.
128/2008/ND-CP dated December 16, 2008, elaborating some Articles of the
Ordinance on Handling administrative violations in 2002 and the Ordinance on
amendments to the Ordinance on Handling administrative violations in 2008; the
Government's Decree No. 124/2005/ND-CP dated October 06, 2005 on fine receipts,
the management and use of fines for administrative violations.
3. The regulations on provision of budget for the
organizations authorized to impose penalties for administrative violations from
the fines for penalties for administrative violations in Clause 7 Article 32 of
the Government's Decree No. 48/2011/ND-CP dated June 21, 2011 on penalties for
administrative violations of legislation on maritime; Clause 3 Article 52 of
the Government's Decree No. 34/2010/ND-CP, which supersedes the Decree No.
152/2005/ND-CP; Clause 3 Article 47 of the Government's Decree No. 117/2009/ND-CP
dated December 31, 2009 on penalties for violations of legislation on
environment protection; Clause 2 Article 11 of the Government's Decree No.
72/2010/ND-CP dated July 08, 2010 on prevention and suppression of crimes and
other violations of legislation on environment; Clause 2 Article 70 of the
Government's Decree No. 23/2009/ND-CP dated February 27, 2009 on penalties for
administrative violations of legislation on construction, real estate business,
production and trading of building materials, management of infrastructures,
management and development of housing and offices; Clause 1 Article 36 of the
Government's Decree No. 73/2010/ND-CP dated July 12, 2010 on penalties for
administrative violations of legislation on security, social safety and order;
Clause 1 Article 30 of the Government's Decree No. 68/2010/ND-CP dated June 15,
2010 on penalties for violations of legislation on electricity, are repealed
from the effective date of this Decree.
Article 34. Responsibility for the implementation
Ministers, Heads of ministerial agencies, Heads of Governmental agencies,
Presidents of provincial People’s Committees, and relevant organizations are
responsible for the implementation of this Decree./.
FOR THE GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung