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THE NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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Resolution No. 24/2012/QH13
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Hanoi, June 20, 2012
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RESOLUTION
ON IMPLEMENTATION OF THE LAW HANDLING ADMINISTRATIVE
VIOLATIONS
THE NATIONAL ASSEMBLY OF THE
SOCIALIST REPUBLIC OF VIETNAM
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented a number of articles under the Resolution
No.51/2001/NQ-QH10;
RESOLVES:
Article 1.
1.
The Law on Handling Administrative Violations was passed on June 20, 2012, by
the XIIIth National Assembly of the Socialist Republic of Vietnam at
its 3th session, and shall take effect on July 01, 2013, excepting
the provisions relating to the application of administrative handling measures
being considered and decided by People's Courts, which will take effect on
January 01, 2014.
2.
The Ordinance No.44/2002/PL-UBTVQH10 on Handling Administrative Violations, Ordinance
No. 31/2007/PL-UBTVQH11 amending a number of articles of the 2002 Ordinance on
Handling Administrative Violations, and Ordinance No. 04/2008/UBTVQH12 amending
and supplementing a number of articles of the Ordinance on Handling
Administrative Violations cease to be effective on the effective date of the
Law on Handling Administrative Violations, excepting the provisions relating
the application of measures of sending to reformatories, educational establishments
or medical treatment establishments which will continue to be effective till
the end of December 31, 2013.
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From
the date of publishing the Law on Handling Administrative Violations:
1.
The measures of education in communes, wards or townships and sending to
medical treatment establishments shall not be applied to prostitutes. Persons committing
acts of prostitution shall be administratively sanctioned in accordance with
law.
2.
The measure of education in communes, wards or townships shall not be applied
to persons aged between full 12 and fewer than 14 and commit acts showing signs
of an intentional serious crime stipulated in the Penal Code or repeatedly
commit petty theft, petty swindling, petty gambling or disturbance of public
order.
3.
The measure of sending to reformatories shall not be applied to the following cases:
a/
Persons aged between full 12 and fewer than 14 and commit acts showing signs of
a very serious crime or an unintentional particularly serious crime stipulated
in the Penal Code.
b/
Persons aged between full 12 and fewer than 14, commit acts showing signs of a
less serious crime or serious crime stipulated in the Penal Code, have been
subject to the measure of education in communes, wards or townships or have not
yet been subject to such measure but have no determined place of residence;
c/
Persons aged between full 14 and fewer than 16, commit acts showing signs of a
less serious crime or an unintentional serious crime stipulated in the Penal
Code, have been subject to the measure of education in communes, wards or
townships or have not yet been subject to such measure but have no determined
place of residence.
4.
The measure of sending to reformatories, educational establishments or medical
treatment establishments shall not be applied to pregnant women having hospital
certification; women or persons who are solely nursing under-36-month infants
and have certification of commune-level People's Committees of localities where
they reside.
5.
If the persons specified in Clauses 1, 2, 3 and 4 of this Article are in course
of compilation of dossiers of request for application of corresponding
administrative handling measures, compilation of dossiers for consideration and
application of such measures shall not continue.
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The
cases stipulated in this Clause and those exempted from execution of decisions
on application of administrative handling measures or exempted from execution
for part of remaining duration of such decisions correspondingly for the
persons specified in Clauses 1, 2, 3 and 4 of this Article shall be regarded as
having not yet been subject to any administrative handling measures.
6.
For persons aged between full 12 and fewer than 14 and commit acts showing
signs of an intentional very serious crime; persons aged between full 14 and fewer
than 16, commit acts showing signs of an intentional serious crime stipulated
in the Penal Code, have not yet been subject to the measure of education in
communes, wards or townships, and have no stable place of residence; persons aged
between full 14 and fewer than 18, repeatedly commit petty theft, petty
swindling, petty gambling or disturbance of public order, have not yet been
subject to the measure of education in communes, wards or townships, and have
no stable place of residence, stipulated as follows:
In
case dossiers of request for sending to
reformatories are being compiled or decisions on application of the measure of sending
to reformatories have been issued but not yet executed or have been postponed
from execution, these dossiers or decisions shall be transferred to
chairpersons of commune-level People's Committees for consideration and
decision on application of the measure of education in communes, wards or
townships; those who have no stable place of residence shall be sending to
social relief or children assistance establishments for management and
education during the period of execution of the measure of education in
communes, wards or townships.
In
case the execution duration of measure of sending to reformatories has been
less than 3 months, it shall continue execution in order to be full 3 months.
In case the execution duration of measure of sending to reformatories has been more
than 3 months, the measure of sending to reformatories must be stopped.
Article 3.
1.
The provisions of the Law on Handling Administrative Violations shall be
applied to violations committed before July 01, 2013, as follows:
a/
The provisions on sanctioning, provisions on postponement of or exemption from
execution of sanctioning decisions and other sanctioning provisions which are beneficial
to individuals, organizations committing
administrative violations shall apply to
violations which are committed before this date and detected later or being considered
for settlement;
b/
The provisions on the procedures for application of the measure of education in
communes, wards or townships which are beneficial to individuals who commit
violations before this date and are detected later or are being considered for settlement
shall apply.
2.
For decisions on sanctioning administrative violations or decisions on
application of administrative handling measures which are issued or completely
executed before the effective date of the Law on Handling Administrative
Violations but still complained by individuals or organizations sanctioned for
administrative violations or by individuals subject to administrative handling
measure(s), the provisions of the Ordinance on Handling Administrative
Violations shall apply for settlement.
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1.
The National Assembly Standing Committee shall stipulate the order and procedures
for consideration and decision on the application of the administrative
handling measures of sending to reformatories, compulsory education
establishments or compulsory detoxification establishments.
2.
The Government and Supreme People's Court shall, within the scope of their
tasks and powers, implement and guide the implementation of this Resolution; hold
the review of relevant legal documents in order to promptly amend and
supplement them or promulgate new ones in conformity with the Law on Handling
Administrative Violations. The Government shall expeditiously prepare physical
foundation, organization and resource conditions in order to promptly deploy
the uniform management of the implementation of the law on handling
administrative violations for assurance of the effect of the Law on Handling
Administrative Violations in accordance with Clause 1, Article 1 of this
Resolution.
3.
The Supreme People's Court shall, within the scope of its tasks and powers,
expeditiously recruit and professionally train judges and civil servants,
consolidate physical foundations, equipment, working conditions of people's
courts in order to meet the requirements of consideration and decision on the
administrative handling measures of sending to reformatories, compulsory
education establishments, compulsory detoxification establishments in
accordance with the Law on Handling Administrative Violations.
4.
The Government and Supreme People's Court shall, within the scope of their
tasks and powers, coordinate with the Central Committee of the Vietnam
Fatherland Front and its member organizations in widely disseminating and
popularizing the Law on Handling Administrative Violations aiming to contribute
to enhancing socialist legality and promote the effectiveness of the Law on
Handling Administrative Violations.
5.
The National Assembly and the Standing Committee of National Assembly,
Nationality Council, Committees and deputies of National Assembly shall, within
the scope of their tasks and powers, supervise the implementation of this
Resolution.
This
Resolution was adopted on June 20, 2012, by the XIIIth National
Assembly of the Socialist Republic of Vietnam at its 3rd session. -
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