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NATIONAL
ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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Law No.
67/2020/QH14
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Hanoi,
November 13, 2020
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LAW
AMENDMENTS
AND SUPPLEMENTS TO CERTAIN ARTICLES OF LAW ON HANDLING OF ADMINISTRATIVE
VIOLATIONS
Pursuant to the Constitution of the Socialist
Republic of Vietnam;
The National Assembly enacts the Law on
Amendments and Supplements to certain Articles of the Law on Handling of
Administrative Violations No.15/2012/QH13 that has already been amended and
supplemented by the Law No. 54/2014/QH13 and the Law No. 18/2017/QH14.
Article 1. Amendments and
supplements to certain Articles of the Law on Handling of Administrative Violations
1. Amending and supplementing clause 5 of Article 2
as follows:
“5. Recidivism means the act of repeating a
violation by an individual or organization against which an administrative
sanction decision has been imposed before the period of being considered that
such decision is not enforced yet expires; the act of repeating a violation by
an individual against which an administrative action has been imposed before
the period of being considered that such action is not enforced yet expires.”.
2. Amending and supplementing point d of clause 1
of Article 3 as follows:
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An administrative violation shall be sanctioned
only once.
If multiple persons commit an administrative
violation, each of them shall be sanctioned for such violation.
If a person commits multiple administrative
violations or commits administrative violation(s) in multiple times, he/she
shall be sanctioned for each violation, except when the act of committing
administrative violation(s) is regulated as an aggravating circumstance by the
Government;”.
3. Amending and supplementing Article 4 as follows:
“Article 4. Authority to regulate the
sanctioning of administrative violations and regimes for enforcement of
administrative actions
1. Pursuant to regulations laid down herein, the
Government shall adopt the following regulations:
a) Acts of administrative violations; acts of
administrative violations that has ended and acts of administrative violations
in progress; sanctioning forms, penalty rates, remedial or mitigation measures
for each administrative violation; sanctioned violators; authority to impose
penalties, fines specific to titles and authority to issue administrative
penalty notices; enforcement of administrative sanctions, remedial or
mitigation measures applied in respective areas of state management;
b) Regimes for enforcement of administrative
actions.
2. Forms used in handling of administrative
violations shall conform to the Government's regulations.
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4. Amending and supplementing certain points of
clause 1 and clause 2 of Article 6 as follows:
a) Amending and supplementing point a of clause 1
as follows:
“a) The limitation period for imposition of an
administrative penalty shall be 01 year, except in the following cases:
The limitation period for imposition of sanctions
against administrative violations arising from the following sectors and
activities: accounting; invoices; fees and charges; insurance business; price
management; securities; intellectual property; construction; fishery; forestry;
investigation, planning, exploration, extraction and use of water resources;
oil and gas and other mining activities; environmental protection; atomic
energy; management and development of houses and offices; land; levees; press;
publishing; commodity production, export, import and trading; manufacturing and
trading of banned and counterfeit goods; foreign worker management, the statute
of limitations for sanctioning administrative violations, shall be 02 years.
The limitation period for imposition of sanctions
against administrative violations arising from taxes shall be subject to laws
on tax administration;";
b) Amending and supplementing point a and b of
clause 2 as follows:
“a) The limitation period for enforcement of
compulsory behavioral programs at communes, wards or townships shall be 01 year
starting from the date on which an individual commits any violation specified
in clause 1 of Article 90; 06 months starting from the date on which an
individual commits any violation specified in clause 2 of Article 90; 06 months
starting from the date on which an individual last commits one of the acts of
violation specified in clauses 3, 4 and 6 of Article 90; 03 months starting
from the date on which an individual last commits any violation specified in
clause 5 of Article 90 of this Law;
“b) The limitation period for the compulsory
sending of violators to reform schools shall be 01 year starting from the date
on which an individual commits any violation specified in clause 1 and 2 of
Article 92; 06 months starting from the date on which an individual commits any
violation specified in clause 3 and 4 of Article 92 herein;”;
c) Adding point dd to clause 2 below point d as
follows:
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5. Amending and supplementing several clauses of
Article 12 as follows:
a) Amending and supplementing clause 6 as follows:
“6. Identifying administrative violations
incorrectly; adopting sanctioning forms, rates, and remedial or mitigation
measures in an incorrect and incomplete manner with respect to administrative
violations.”;
b) Adding clause 8a placed after clause 8 as
follows:
“8a. Failing to monitor, urge, inspect and
take charge of enforcing the execution of sanction decisions or remedial or
mitigation measures.”.
6. Amending and supplementing several clauses of
Article 17 as follows:
a) Adding point dd to clause 2 below point d as
follows:
“dd) Regulating reporting regimes and forms used
for collection of statistical data regarding sanctioning of administrative
violations.”;
b) Amending and supplementing clause 4 as follows:
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c) Amending and supplementing clause 6 as follows:
“6. Host entities in charge of persons having
authority to sanction administrative violations, People's Courts accorded authority
to decide the enforcement of administrative actions, entities enforcing
sanction decisions and decisions on enforcement of sanction decisions, and
entities enforcing decisions on enforcement of administrative actions, shall be
responsible for providing updated information and sanctioning results under
their jurisdiction and within their remit to the Database. country on handling
of administrative violations to the National Sanction Database.”.
7. Amending and supplementing clause 3 of Article
18 as follows:
“3. Within the scope of their duties and powers,
Ministers, Heads of ministerial-level agencies, Presidents of People's
Committees at all levels, heads of agencies and units in charge of persons have
authority to sanction administrative violations shall be responsible for
detecting any defect contained in decisions regarding the sanctioning of
administrative violations issued by themselves or their subordinates, and
promptly correcting, revising, supplementing or abolishing them, or
promulgating new ones under their jurisdiction.
The Government shall elaborate on this clause.”.
8. Amending and supplementing clause 3 of Article
21 as follows:
“3. A main sanction must be imposed, or one or
multiple supplementary sanctions enclosed may be imposed, for each
administrative violation.
Supplementary sanctions may accompany main
sanctions, except the cases specified in clause 2 of Article 65 herein.”.
9. Amending and supplementing clause 3 and clause 4
of Article 23 as follows:
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4. The specific penalty amount for an act of
administrative violation is the average of amounts within the fine bracket
imposed for that act; if there is any extenuating circumstance, the penalty
amount may be reduced but not lower than the minimum limit of the fine bracket;
if there is any aggravating circumstance, the penalty amount may be increased,
but not exceeding the maximum limit of the fine bracket.
The Government shall elaborate on this clause.”.
10. Amending and supplementing several clauses of
Article 24 as follows:
a) Amending and supplementing clause 1 as follows:
“1. The maximum penalty amounts imposed upon
individuals for their acts falling within the scope of state management shall
be subject to the following regulations:
a) A fine of up to VND 30,000,000 shall be imposed
for any act arising in such sectors as marriage and family; gender equality;
domestic violence; archives; beliefs and religions; emulation and rewards;
judicial administration; population; environmental sanitation; statistics;
foreign affairs;
b) A fine of up to VND 40,000,000 shall be imposed
for any act arising in such sectors as public order, security and social
safety; obstruction of proceedings; enforcement of civil judgements; bankruptcy
of enterprises and cooperatives; electronic transactions; post;
c) A fine of up to VND 50,000,000 shall be imposed
for any act arising in such sectors as firefighting and fire protection;
rescue; judicial support; preventive health care; HIV/AIDS prevention and
control; culture; sports; tourism; science and technology management;
technology transfer; child protection and care; social protection and relief;
natural disaster prevention and control; plant protection and quarantine;
management and conservation of genetic resources (except animal genetic
resources); cultivation (except fertilizers); veterinary medicine; accounting;
independent audit; fees and charges; public asset management; invoices;
national reserves; chemicals; hydrometeorology; measuring and mapping;
enterprise registration; state audit;
d) A fine of up to VND 75,000,000 shall be imposed for
any act arising in such sectors as ciphering; national border management and
protection; national defense and security; labor; education; vocational
education; road traffic; railway traffic; inland waterway traffic; health
insurance; social insurance; unemployment insurance; prevention and control of
social evils;
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e) A fine of up to VND 150,000,000 shall be imposed
for any act arising in such sectors as price management; quarrying, production
and trading of construction materials; technical infrastructure project
management; management and development of residential houses and offices;
bidding; investment;
g) A fine of up to VND 200,000,000 shall be imposed
for any act arising from the production and trading of banned commodities,
counterfeit products; protection of consumer’s rights;
h) A fine of up to VND 250,000,000 shall be imposed
for any act arising from investigation, planning, exploration, abstraction, use
of water resources; irrigation; intellectual property; press;
i) A fine of up to VND 500,000,000 shall be imposed
for any act arising from construction; forestry; land; real property business;
k) A fine of up to VND 1,000,000,000 shall be
imposed for any act arising from management of waters, islands and continental
shelf of the Socialist Republic of Vietnam; management of nuclear and
radioactive substances, atomic energy; currency, precious metals, gemstones,
banking, credit; oil, gas and other mineral activities; environmental
protection; seafood.”;
b) Amending and supplementing clause 3 as follows:
“3. The maximum penalty amounts in such sectors as
taxation; measuring; food safety; quality of products and goods; stocks;
competition, shall be subject to the provisions of equivalent laws”.
11. Amending and supplementing clause 3 of Article
25 as follows:
“3. The time limit for forfeiture of the rights to
use licenses, practicing certificates or business suspension specified in
Clauses 1 and 2 of this Article shall be between 1 month and 24 months,
starting from the effective dates of sanction decisions. Persons accorded
authority to impose penalties shall have the custody of licenses or practicing
certificates during time limits for forfeiture of the rights to use licenses or
practicing certificates.
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The Government shall elaborate on this clause.”.
12. Amending and supplementing several clauses of
Article 39 as follows:
a) Amending and supplementing the first part of
clause 2 as follows:
“2. Heads of company-level Mobile Police units,
Station Heads and Team Leaders supervising the persons defined in Clause 1 of
this Article shall have the following rights:”;
b) Amending and supplementing the first part of
clause 3 as follows:
“3. Commune-level Police Chiefs, Heads of Police
Posts, Heads of Police Stations at border gates, export processing zones, Heads
of International Airport Police, Majors of Mobile Police Battalions, and
Captains of Squadrons shall have the following rights:”;
c) Amending and supplementing the first part of
clause 4 as follows:
“4. District-level Police Chiefs; the Head of the
Professional Division of the Internal Political Security Department; the Head
of the Professional Division of the Police Department for Administration of
Social Order; the Head of the Professional Division of the Traffic Police
Department; the Head of the Professional Division of the Department of Fire
Prevention, Fighting and Rescue; the Head of the Professional Division of the
Department of Cybersecurity, Hi-Tech Crime Prevention and Control; the Head of
the Professional Division of the Immigration Department; the Chief of
provincial Police Departments, including: Directors of
Internal Political Security Divisions; Chiefs of Police Divisions for
Administration of Social Order; Chiefs of Investigation Police Divisions for
Economic Order Crimes; Chiefs of Investigation Police Divisions for
Corruption, Economic and Smuggling Crimes; Chiefs of Investigation Police
Divisions for Drug Crimes; Chiefs of Traffic Police Divisions; Chiefs of Road
and Railway Traffic Police Divisions; Chiefs of Road Traffic Police Divisions;
Chiefs of Waterway Police Divisions; Chiefs of Mobile Police Divisions;
Directors of Security Guard Divisions; Directors of Criminal Judgment Execution
and Judicial Assistance Divisions; Chiefs of Police Divisions for Prevention
and Control of Environmental Crimes; Chiefs of Firefighting, Prevention and
Rescue Police Divisions; Directors of Cybersecurity, Hi-Tech Crime Prevention
and Control Divisions; Directors of Immigration Divisions; Directors of
Economic Security Divisions; Directors of External Security Divisions; Colonels
of Mobile Police Regiments; Captains of Squadrons, shall have the following
rights:”;
d) Amending and supplementing the first part of
clause 5 as follows:
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dd) Amending and supplementing the first part of
clause 6 as follows:
“6. Director of the Internal Political Security
Department; Director of the Economic Security Department; Director of the
Police Department for Social Order Administration; Director of the
Investigation Police Department for Social Order Crimes; Director of the
Investigation Police Department for Corruption, Economic and Smuggling Crimes;
Director of the Investigation Police Department for Drug Crimes; Director of
the Traffic Police Department; Director of the Firefighting, Prevention and
Rescue Police Department; Director of the Police Department for Prevention and
Control of Environmental Crimes; Director of the Cybersecurity, Hi-tech Crimes
Prevention and Control Department; Director of the Internal Security
Department; Director of the Police Department for Management of Retention and
Execution of Criminal Judgements at Community, and Commander of the Mobile
Police, shall have the following rights:”.
13. Amending and supplementing several clauses of
Article 40 as follows:
a) Adding clause 2a placed after clause 2 as
follows:
“2a. The leaders of Task Force Teams for drug
and crime prevention and control which are put under the control of Task Force
Commissions shall have the following rights:
a) Imposing penalties in the form of cautions;
b) Imposing a fine equaling up to 10% of a maximum
penalty amount for an act arising in the equivalent sector prescribed in
Article 24 herein, but not exceeding VND 10,000,000;
c) Confiscating any exhibit or equipment involved
in commission of administrative violations if its value is not 02 times as high
as the penalty amount specified in point b of this clause;
d) Applying mitigation measures or relief
stipulated in point a, c and dd of clause 1 of Article 28 hereof.”;
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“3. Commanding Officers of Border Guard Posts,
Captains of Naval Border Guard Flotillas, Commanders of the Border Guard
Commands at port border gates shall have the following rights:
a) Imposing penalties in the form of cautions;
b) Imposing a fine equaling up to 20% of a maximum
penalty amount for an act arising in the equivalent sector prescribed in
Article 24 herein, but not exceeding VND 25,000,000;
c) Confiscating any exhibit or equipment involved
in commission of administrative violations if its value is not 02 times as high
as the penalty amount specified in point b of this clause;
d) Applying mitigation measures or relief
stipulated in point a, c, d, dd and k of clause 1 of Article 28 hereof.
3a. Leaders of Task Force Commissions for Drug and
Crime Prevention and Control as an affiliate of the Department of Drug and
Crime Prevention and Control under the control of the Command of Border Guards
shall have the following rights:
a) Imposing penalties in the form of cautions;
b) Imposing a fine equaling up to 50% of a maximum
penalty amount for an act arising in the equivalent sector prescribed in
Article 24 herein, but not exceeding VND 100.000.000;
c) Confiscating any exhibit or equipment involved
in commission of administrative violations if its value is not 02 times as high
as the penalty amount specified in point b of this clause;
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c) Amending and supplementing clause 4 as follows:
“4. Chief Commander of provincial-level Border
Guards; Captains of Naval Border Guard Squadrons, and Director of the
Department of Drug and Crime Prevention and Control affiliated to the Command
of Border Guards, shall be vested with the following powers:
a) Imposing penalties in the form of cautions;
b) Imposing the maximum fine in the equivalent
sector prescribed in Article 24 herein;
c) Forfeiting the rights to use certificates,
practicing certificates or suspend business within a specified duration;
d) Confiscating any exhibit or means involved in
commission of administrative violation;
dd) Applying mitigation measures or relief
stipulated in point a, c, d, dd, i and k of clause 1 of Article 28 hereof.”.
14. Amending and supplementing several clauses of
Article 41 as follows:
a) Amending and supplementing the first part of
clause 5 as follows:
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b) Amending and supplementing clause 6 of Article
41 as follows:
“6. Regional Commands of Coast Guard and Director
of the Department of Operations and Legislation under the control of the
Command of Coast Guard of Vietnam shall have the following powers:
a) Imposing penalties in the form of cautions;
b) Imposing a fine equaling up to 50% of a maximum
penalty amount for an act arising in the equivalent sector prescribed in
Article 24 herein, but not exceeding VND 100,000,000;
c) Forfeiting the rights to use certificates,
practicing certificates within a specified duration;
d) Confiscating any exhibit or means involved in
commission of administrative violation;
dd) Applying mitigation measures or relief
stipulated in point a, c, d, dd and k of clause 1 of Article 28 hereof.”;
c) Amending and supplementing the first part of
clause 7 as follows:
“7. The Commander of Coast Guard of Vietnam shall have
the following powers:”.
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“Article 42. Authority delegated to customs
authorities
Customs authorities' powers to impose penalties for
false declarations resulting in any lack of payable tax amounts or any increase
in exemption, reduction, refund or non-collection amounts; acts of tax evasion;
commercial banks' failure to fulfill their responsibilities to transfer money
to pay taxpayers' tax debts from taxpayers' accounts to state budget accounts
at the request of tax collection agencies, shall be subject to the Law on Tax
Administration. Customs authorities’ powers to sanction other administrative
violations are regulated as follows:
1. Customs officers on duty shall be vested with
the following powers:
a) Imposing penalties in the form of cautions;
b) Imposing a fine of up to VND 500,000;
2. Team Leaders, Group Leaders of Customs
Sub-departments; Leaders of Groups in Control Teams affiliated to provincial,
inter-provincial or municipal Customs Departments; Leaders of Teams in
Post-clearance Inspection Sub-departments, shall be vested with the following
powers:
a) Imposing penalties in the form of cautions;
b) Imposing a fine of up to VND 5,000,000;
3. Directors of Customs Subdepartments; Directors
of Post-clearance Inspection Subdepartments; Leaders of Control Teams of
provincial, inter-provincial or municipal Customs Departments; Leaders of
Criminal Investigation Teams; Leaders of Smuggling Control Teams; Captains of
Maritime Control Flotillas; Leaders of Anti-smuggling, Counterfeit Product
Control and Intellectual Property Teams affiliated to the Smuggling
Investigation and Prevention Department; Directors of Post-clearance Inspection
Sub-departments as an affiliate of the Post-clearance Inspection Department,
shall be vested with the following powers:
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b) Imposing a fine of up to VND 25,000,000;
c) Confiscating any exhibit or equipment involved
in commission of administrative violations if its value is not 02 times as high
as the penalty amount specified in point b of this clause;
d) Applying mitigation measures or relief
stipulated in point d, dd, g, i and k of clause 1 of Article 28 hereof;
4. Director of the Smuggling Investigation and
Prevention Department, Director of the Post-clearance Inspection Department, a
subsidiary of the General Department of Customs, and Directors of the
provincial, inter-provincial or centrally-affiliated city Customs Departments,
shall be vested with the following powers:
a) Imposing penalties in the form of cautions;
b) Imposing a fine of up to VND 50,000,000;
c) Forfeiting the rights to use certificates,
practicing certificates or suspend business within a specified duration;
d) Confiscating any exhibit or means involved in
commission of administrative violation;
d) Applying mitigation measures or relief
stipulated in point d, dd, g, i and k of clause 1 of Article 28 hereof;
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a) Imposing penalties in the form of cautions;
b) Imposing the maximum fine in the equivalent
sector prescribed in Article 24 herein;
c) Seizing any material object or equipment
involved in commission of administrative violation;
d) Applying mitigation measures or relief
stipulated in point d, dd, g, i and k of clause 1 of Article 28 hereof.”.
16. Amending and supplementing the first part of
clause 4 of Article 43 as follows:
“4. Directors of Forest Protection Sub-departments;
Directors of Regional Forest Protection Sub-Departments, and Leaders of Task
Force Teams for Forest Protection affiliated to the Forest Protection
Department, shall be accorded the following powers:”.
17. Adding Article 43a placed underneath Article 43
as follows:
“Article 43a. Powers of Fisheries Resources
Surveillance forces
1. Fisheries resources surveillance officers on
duty shall be vested with the following powers:
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b) Imposing a fine of up to VND 2,000,000;
c) Confiscating any exhibit or equipment involved
in administrative violations if its value is not 02 times as high as the
penalty amount specified in point b of this clause.
2. Heads of Fisheries Resources Surveillance
Stations affiliated to Regional Fisheries Resources Surveillance
Sub-departments shall have the following powers:
a) Imposing penalties in the form of cautions;
b) Imposing a fine of up to VND 10,000,000;
c) Confiscating any exhibit or equipment involved
in commission of administrative violations if its value is not 02 times as high
as the penalty amount specified in point b of this clause;
d) Applying mitigation measures or relief
stipulated in point a, b and i of clause 1 of Article 28 herein.
3. Directors of Fisheries Resources Surveillance
Sub-departments shall have the following powers:
a) Imposing penalties in the form of cautions;
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c) Seizing any material object or equipment
involved in commission of administrative violation;
d) Applying mitigation measures or relief
stipulated in point a, b, d, i and k of clause 1 of Article 28 herein.
4. Director of the Fisheries Resources Surveillance
Department shall have the following powers:
a) Imposing penalties in the form of cautions;
b) Imposing the maximum fine in the equivalent
sector prescribed in Article 24 herein;
c) Forfeiting the rights to use certificates,
practicing certificates or suspend business within a specified duration;
d) Confiscating any exhibit or means involved in
commission of administrative violation;
d) Applying mitigation measures or relief
stipulated in point a, b, d, i and k of clause 1 of Article 28 herein.”.
18. Adding the first part in front of clause 1 of
Article 44 as follows:
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19. Amending and supplementing several clauses of
Article 45 as follows:
a) Amending and supplementing the first part of
clause 2 as follows:
“2. Leaders of Market Surveillance Teams and Heads
of Professional Divisions under the control of the Departments of Market
Surveillance Operations shall be vested with the following powers:”;
b) Amending and supplementing the first part of
clause 3 as follows:
“3. Directors of provincial-level Market Surveillance
Departments and Directors of the Departments of Market Surveillance Operations
shall be vested with the following powers:”;
c) Amending and supplementing the first part of
clause 4 as follows:
“4. General Director of the Vietnam Directorate of
Market Surveillance shall be accorded the following powers:
20. Adding Article 45a placed below Article 45 as
follows:
“Article 45a. Authority of the National
Competition Committee
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1. Imposing penalties in the form of cautions;
2. Imposing the maximum fine in the equivalent
sector prescribed in Article 24 herein;
3. Forfeiting the rights to use certificates,
practicing certificates or suspend business within a specified duration;
4. Confiscating any exhibit or means involved in
commission of administrative violations;
5. Applying mitigation measures or relief
stipulated in point d, dd, g, i and k of clause 1 of Article 28 herein.”.
21. Amending and supplementing several clauses of
Article 46 as follows:
a) Amending and supplementing the first part of
clause 2 as follows:
“2. Chief Inspectors of Departments; Chief
Inspector of Vietnam Aviation Administration; Chief Inspector of Vietnam
Maritime Administration; Chief Inspector of the Department of Radiation and
Nuclear Safety; Chief Inspector of the State Securities Commission; Chief
Inspector of national defence activities of military zones; Chief Inspector of
Ciphering activities of the Government’s Ciphering Committee; Directors of
Regional Animal Health Sub-Departments, Directors of Regional Animal Quarantine
Sub-Departments under the Department of Animal Health; Directors of Regional
Plant Quarantine Sub-Departments under Plant Protection Department; Director of
the Sub-Department for Agro-forestry and Fishery Quality Control of the Central
Coast, Director of the Sub-Department for Agriculture, Forestry and Fishery
Quality Control of the South under the control of the Agro-Forestry and Fishery
Quality Control Department; Directors of Food Safety and Hygiene
Sub-Departments, Directors of Population and Family Planning Sub-Departments
under the control of the Departments of Health; Directors of Sub-Departments
for crop production, plant protection, livestock, animal health, fishery,
quality control of agricultural, forestry and fishery products, irrigation,
levees, natural disaster prevention and control, forestry, rural development
under the control of the Department of Agriculture and Rural Development;
Directors of Sub-departments of Standards, Metrology and Quality under the
control of the Departments of Science and Technology; Director of the
Sub-Department of Product and Commodity Quality Control of the Central Coast,
Director of the Sub-Department of Product and Commodity Quality Control of the
South under the control of the Department of Product and Commodity Quality
Control; Directors of Regional Centers for Radio Frequency, Directors of
Provincial Social Insurance; equivalent titles of agencies assigned to perform
the specialized inspection duties whose sanctioning authority is delegated by
the Government, shall have the following powers:”;
b) Amending and supplementing the first part of
clause 3 as follows:
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c) Amending and supplementing the first part of
clause 4 as follows:
“4. Chief Inspectors of ministries, ministry-level
agencies, Director General of Directorate for Roads of Vietnam, Director
General of Directorate for Standards, Metrology and Quality, Director of
General Department of Vocational Education, Director of General Department of
Water Resources, Director of General Department of Forestry, Director of
General Department of Fisheries, Vietnam Department of Geology and Minerals,
General Director of Vietnam Environment Administration, Director of General
Department of Land Administration, Director of General Department of Population
and Family Planning, General Director of the State Treasury, Chairman of State
Securities Commission, Head of the Government Cipher Committee, Head of the
Government Committee for Religious Affairs, Director of Chemical Department,
Director of Industrial Safety and Environment Technical Department, Director of
Electricity Regulatory Authority , Director of Trade Promotion Department,
Director of Department of E-commerce and Digital Economy, Director of Vietnam
Railway Administration, Director of Vietnam Inland Waterway Administration,
Director of Vietnam Maritime Administration, Director of Vietnam Aviation
Department, Director of the Department of Radiation and Nuclear Safety,
Director of Department of Animal Health, Director of Department of Plant
Protection, Director of Crop Production Department, Director of Livestock
Production Department, Director of Department of Agro-Forestry and Fishery
Quality Control, Director of Department of Economic Cooperation and Rural
Development, Director of Department of Insurance Supervision and Management,
Director of the Radio Frequency Department, Director of Telecommunications
Department, Director of Authority of Broadcasting and Electronic Information,
Director of Authority of Press, Director of Department of Publishing, Printing
and Issuing, Director of Drug Administration Department, Director of Medical
Examination and Treatment Administration, Director of Health Environment
Management Agency, Director of Department of Preventive Medicine, Director of
Department of Food Safety, Director of Department of Judicial Support, Director
of Department of Civil Status, Nationality and Authentication, Director of
Overseas Labor Administration, Director of Department of Labor Safety, General
Director of Vietnam Social Security; equivalent titles of agencies assigned to
perform specialized inspection duties whose sanctioning authority is regulated
by the Government, shall have the following rights:
d) Amending and supplementing clause 5 as follows:
“5. Leaders of specialized inspection teams at the
ministerial level, Leaders of specialized inspection teams established under
the decisions of the General Director of Vietnam Social Security shall be
vested with sanctioning authority as prescribed in clause 3 of this Article.
Leaders of specialized inspection teams at the
departmental level and Leaders of the specialized inspection teams of agencies
who are authorized by the Government to perform the functions of specialize
inspection shall be accorded authority to impose penalties as provided in
clause 2 of this Article.”.
22. Amending and supplementing the first part of
clause 2 of Article 47 as follows:
“2. Directors of Maritime Administrations,
Directors of Airports Authorities, Directors of Inland Waterway Port
Authorities shall have the following rights:”.
23. Amending and supplementing the first part of
clause 4 of Article 48 as follows:
“4. Presiding Judges of provincial People's Courts,
Chief Justices of Military Courts of military zones and the equivalent, and
specialized Chief Judges of High People's Courts shall have the following
jurisdiction:”.
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“Article 48a. The State Audit’s authority
1. Leaders of auditor teams shall have the
following rights:
a) Imposing penalties in the form of cautions;
b) Imposing a fine of up to VND 30,000,000;
c) Applying relief and mitigative measures
stipulated in clause 1 of Article 28 herein.
2. Chief Auditors shall have the following powers:
a) Imposing penalties in the form of cautions;
b) Imposing the maximum fine in the equivalent
sector prescribed in Article 24 herein;
c) Applying relief and mitigative measures
stipulated in clause 1 of Article 28 herein”.
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a) Amending and supplementing the first part of
clause 5 of Article 49 as follows:
“5. The Director of the General Department of Civil
Judgment Execution, the Director of the Judgment Execution Department of the
Ministry of National Defense shall have the following powers:”;
b) Abolishing Article 3.
26. Amending and supplementing the first part of
clause 4 of Article 52 as follows:
“4. In case an administrative violation case
involves multiple acts of violation, the authority to sanction an
administrative violation shall be determined according to the following
principles:”.
27. Amending and supplementing Article 53 as
follows:
“Article 53. Changes in names, duties and powers
of titles of sanctioning authority
1. In case names of titles of sanctioning authority
specified in this Law are changed, but duties or powers of these titles remain
unchanged, sanctioning authority of such titles shall be kept unchanged.
2. In case duties or powers of titles of
sanctioning authority are changed, sanctioning authority of such titles shall
be subject to the Government’s decisions after obtaining consent from the the
Standing committee of the National Assembly’s Standing Committee.”.
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“Article 54. Delegation of sanctioning authority
1. Persons authorized to sanction administrative
violations as per Article 38; Clauses 2, 3, 4, 5, 6 and 7 of Article 39;
Clauses 2, 2a, 3, 3a and 4 Article 40; Clauses 3, 4, 5, 6 and 7 of Article 41;
Clauses 2, 3, 4 and 5 of Article 42; Clauses 2, 3, 4 and 5 of Article 43;
Clauses 2, 3 and 4 of Article 43a; Clauses 2, 3, 4 and 5 of Article 44; Clauses
2, 3 and 4 of Article 45; Article 45a; Clauses 2, 3 and 4 of Article 46;
Article 47; Clauses 3 and 4, Article 48; Clause 2, Article 48a; Clauses 2, 4
and 5 of Article 49; Article 51 of this Law, may assign deputies to exercise
the authority to sanction administrative violations.
2. The delegation of the authority to sanction
administrative violations must be frequent or depend on specific cases, and
must take place at the same time as the delegation of the authority to enforce
injunction and guarantee fulfillment of obligations to address administrative
violations under Clauses 2, 3, 4, 5, 6 and 7 of Article 119 of this Law. The
delegation of authority must be documented in decisions under which the scope,
details of delegated authority and term of delegated authority must be
clarified.
3. Deputies authorized to sanction administrative
violations must be accountable to their heads and before laws for the exercise
of their delegated authority. The authorized person shall not be entitled to
re-delegate their authority to any other person.
4. The Government shall elaborate on this Article.”
29. Amending and supplementing Article 58 as
follows:
“Article 58. Making records of administrative
violations
1. When detecting acts of administrative violations
under their respective management, competent persons on duty must promptly make
written records of administrative violations, except for cases in which
violations arising from failure to make such records are sanctioned as
prescribed in clause 1 of Article 56 herein.
If an administrative violation occurs aboard
aircraft, a seagoing vessel or train, the pilot in command, vessel captain or
trainmaster shall make a record of that administrative violation and
immediately issue it over to the person authorized to sanction administrative
violations whenever that aircraft, seagoing vessel or train arrives at the
airport, terminal or train station.
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3. An administrative violation record must contain
the following main information:
a) Recording time and venue;
b) Information about the record maker, violating
person or entity, individuals or entities involved;
c) Time and location when and where the violation
occurs; case or violation description;
d) Testimony of the violator or representative of
the violating entity, the witness, the victim or representative of the
organization suffering loss or damage;
dd) Injunction and guarantee measures;
e) Rights and duration of explanation.
4. A administrative violation record must be made
into at least 2 copies and signed by the record maker and the violator or the
representative of the violating organization, unless the record is made under
the provisions of Clause 7 of this Article.
In case the violator or the representative of the
violating organization does not sign the record, the record must bear the
signature of the representative of the local authority of the commune where the
violation occurs, or of at least 01 witness certifying the violating person or
organization has not signed the record; In case there is no signature of the
representative of the commune-level local authority or the witness, the reasons
for this must be clearly stated in the record.
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6. In case any administrative violation record
contains errors or does not fully and accurately show the details specified in
clauses 3 and 4 of this Article, facts of the administrative violation cases
must be verified according to regulations defined in Article 59 of this Law as
a basis for issuing sanction decisions. The verification of facts of the
administrative violation case shall be documented in a verification report. The
verification report serves as a document attached to the administrative
violation record and needs to be kept in the sanctioning file.
7. Administrative violation records can be made and
sent electronically in case agencies in charge of persons having sanctioning
authority, violating individuals or organizations satisfy infrastructure,
technical and information requirements.
8. Administrative violation records must be made in
compliance with this Law’s regulations on the contents, representation formats,
and procedures prescribed hereunder and shall serve as a basis to issue
administrative sanction decisions, except for cases where administrative
sanctions are not made under clause 1 of Article 56 and clause 2 of Article 63
of this Law, and otherwise prescribed by the Law on Tax Administration.
9. The Government shall elaborate on this
Article.”.
30. Amending and supplementing Article 61 as
follows:
“Article 61. Explanations
1. If administrative violations are sanctioned
under the legislation in the form of deprivation of the rights to use licenses
or practice certificates for a definite term or suspension of business
operations for a definite term, or imposition of the maximum limit of the fine
bracket which starts from VND 15,000,000 or more upon a violating individual,
or which starts from VND 30,000,000 or more upon a violating organization,
violating individuals or organizations shall have the rights to give
explanations directly or in writing to persons according authority to sanction
administrative violations. Persons having sanctioning authority shall be
responsible to take into consideration explanations of individuals,
organizations committing administrative violations before making sanction
decisions, unless these violating individuals and organizations do not need to
give such explanations.
2. In case of explanations given in writing,
violating individuals or organizations must send written explanations to
persons having authority to sanction administrative violations within 05
working days from the issue date of administrative violation records.
Where a violation case involves many complicated
facts, persons having sanctioning authority can extend the aforesaid duration
for submission of written explanations to no more than 05 working days at the
request of the violating individual or organization. The extension approved by
the person having sanctioning authority must be documented.
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3. In case of explanations given directly,
violating individuals or organizations must send written requests for
permission to give direct explanations to persons having authority to sanction
administrative violations within 02 working days from the issue date of
administrative violation records.
The person having sanctioning authority must notify
in writing the violator of the time and place of the meeting session for direct
explanation within 05 working days of receipt of the violator’s request.
The person having sanctioning authority holds a
direct explanation session and is responsible for presenting legal bases,
details and evidences related to the sanctioned administrative violation,
sanctioning forms, and expected remedial or relief measures. The violating
person, organization or their legal representative shall have the right to
participate in that explanatory meeting session and give their opinions and
evidence to protect their legitimate rights and interests.
The direct explanatory meeting session must be
documented in the minutes signed by relevant parties; if the minutes consist of
many pages, the involved parties must sign on each page of the minutes. The
minutes must be kept in the administrative sanction file and the violating
individual, organization or their legal representative must keep 01 copy.
4. In case individuals, organizations committing
administrative violations do not request explanations, but then do so before
expiration of the time limit specified in clause 2 or clause 3 of this Article,
the persons having authority to sanction administrative violations shall be
responsible to consider the explanations of the violating individuals or
organizations.
5. The Government shall elaborate on this
Article.”.
31. Amending and supplementing clause 1 and clause
2 of Article 63 as follows:
“1. For legal matters or cases that are accepted
and settled by criminal procedure-conducting agencies which then issue the
decisions not to institute criminal proceedings, the decisions to cancel the
decisions to institute criminal proceedings, the decisions to terminate the
investigation or dismiss the case against the accused, the decisions to grant
exemption from criminal liability according to judgements, if the acts
involved in such matters or cases show any sign of administrative violation,
they must transfer all of the stated decisions, enclosing relevant documents,
exhibits and means of commission of the violation (if any) and the written requests
for imposition of administrative penalties to the persons having sanctioning
authority within the duration of 03 working days from the effective dates of
these decisions.
2. Sanctioning administrative violations must be
based on information shown in documents and records of administrative
violations sent by agencies specified in clause 1 of this Article. Where it is
necessary to further verify involved facts to have a basis to issue sanction
decisions, persons having sanctioning authority may make records of
verification of facts involved in administrative violation cases or matters
under the provisions of Article 59 herein.”.
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“Article 64. Detecting administrative violations
by using technical and professional means and equipment
1. Authorities and persons having authority to
sanction administrative violations, individuals and organizations assigned to
manage professional technical means and equipment may use professional, technical
means and equipment to detect violations related to traffic order, safety,
environmental protection, fire prevention, rescue, salvage, drug prevention and
control, alcohol and beer harm prevention and control as well as other areas
regulated by the Government after obtaining the consent from the National
Assembly’s Standing Committee.
2. The management, utilization and regulation of
the list of technical and professional means and equipment must conform to the
following requirements and conditions:
a) Respecting citizens' rights of freedom, honor,
dignity, privacy, and other legitimate rights and interests of individuals and
organizations;
b) Strictly complying with regulatory procedures
and rules for use of technical and professional means and equipment;
c) Findings obtained by using professional
technical devices and equipment must be recorded in writing and can only be
used for administrative sanction purposes;
d) Technical and professional means and equipment
must satisfy technical standards and regulations and must have been inspected,
calibrated and tested in accordance with laws; technical regulations and
standards must be maintained during use and at intervals between verification,
calibration and testing engagements.
3. The use and preservation of findings obtained by
using professional technical means and equipment must satisfy the following
requirements and conditions:
a) Findings obtained by using professional
technical equipment and means are photos, images, printed slips, measurement
indicators, data stored in the memories of professional technical equipment or
means in accordance with this Law;
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c) Whenever receiving findings obtained by using
professional technical means, equipment, the persons having authority to
sanction administrative violations must quickly identify organizations and
individuals committing administrative violations and send them written notices.
Whenever receiving findings obtained by using
professional technical means, equipment, the persons having authority to
sanction administrative violations must quickly identify organizations and
individuals committing administrative violations and send them written notices;
d) Findings obtained by using professional
technical devices and equipment must be properly deposited and stored in files
of administrative sanctions.
4. State authorities shall have jurisdiction to use
professional technical means, equipment and other professional measures to
identify information and data collected from technical means and equipment
provided by violating individuals or organizations to detect any administrative
violations.
5. The Government shall provide for the management,
use of professional, technical means and equipment; persons or entities
entitled to professional technical equipment and means; the list of
professional, technical means and equipment used to detect administrative
violations; and the use and preservation of findings obtained by using
professional technical means and equipment; the process for collecting and
using data obtained by using technical means and equipment provided by
violating individuals or organizations”.
33. Amending and supplementing clause 2 of Article
65 as follows:
“2. As for administrative violations specified at
points a, b, c and d of clause 1 of this Article, though competent persons do
not issue administrative sanction decisions, they have to issue decisions to
confiscate material evidence and means used for commission of administrative
violations in the event that such material evidence and/or means used for
commission of administrative violations are classified as those banned from
storage or circulation, or those subject to a penalty imposed in a form of
confiscation and remedial or relief measures prescribed by laws.
Each decision must clearly state the reasons for
not issuing sanction decisions; exhibits and means used for commission of
administrative violations which are confiscated; remedial or relief measures to
be applied, responsibilities and duration of implementation of such measures.
Confiscation or forfeiture of exhibits and means
used for commission of administrative violations, and implementation of
remedial or relief measures, shall not be deemed as being subject to
administrative sanctions.
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“Article 66. Limitation periods for issuance of
administrative sanction decisions
1. Limitation periods for issuance of
administrative sanction decisions shall be regulated as follows:
a) For the cases or matters not covered by points b
and c of this clause, the limitation period for issuing a sanction decision
shall be 07 working days from the date of making a written record of
administrative violation; For cases or matters where files thereof must be
transferred to persons having sanctioning authority, the limitation period for
issuing a sanction decision shall be 10 working days from the date of making a
written record of administrative violation, except as prescribed in clause 3 of
Article 63 of this Law;
b) As for cases and matters in which individuals or
organizations request explanations or verification of relevant facts and
details specified in Article 59 herein, the limitation period for issuance of a
sanction decision shall be 1 month from the date of making and issuing an
administrative violation record;
c) As for cases and matters covered by point b of
this clause, if they are extremely serious, involve complicated facts and
details, need more time to carry out further verification and collection of
evidence, the limitation period for issuance of a sanction decision shall be 02
months from the date of making and issuing an administrative violation record.
2. If persons having authority to sanction
administrative violations, involved individuals and organizations defer issuing
sanction decisions after expiry of the limitation period through their fault,
they shall be sanctioned under laws".
35. Amending and supplementing clause 2 and clause
3 of Article 71 as follows:
“2. In case an administrative violation occurs at a
district but the violating individual resides or the violating organization is
located at another district, causing distance challenges, and the violating
individual or organization is unable to execute the sanction decision at the
sanctioning place, the sanction decision shall be referred to the same-level
authority governing the place where the violating individual resides, or where
the organization is located, to take charge of execution of that decision; if
there is no same-level authority governing such places, the sanction decision
shall be transferred to the district-level People's Committee for enforcement
purposes.
3. Authorities governing persons who already issue
sanction decisions for the cases specified in clauses 1 and 2 of this Article
shall be responsible for transferring all original documents and records
related to authorities receiving sanction decisions for the purpose of
enforcement thereof in accordance with this Law. Temporarily forfeit or
confiscated material evidence and/or means used for commission of
administrative violations (if any) shall be transferred to authorities
receiving sanction decisions for enforcement purposes, except material
evidences which are live animals, plants; goods or items which are perishable
or difficult to preserve according to the provisions of laws and several other
types of property regulated by the Government.
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36. Amending and supplementing clause 1 of Article
74 as follows:
“1. The limitation period for execution of a
sanction decision is 1 year from the date of issuance of the decision. After
expiry, execution of such decision shall not be needed any more, except if the
sanction decision prescribes a penalty imposed in a form of confiscation of
administrative violation material evidence and means, and remedial or relief
measures.”.
37. Amending and supplementing Article 76 as
follows:
“Article 76. Adjournment of execution or
enforcement of sanction decisions
1. Adjournment of execution or enforcement of
sanction decisions shall be required if the following conditions are fully
met:
a) The violating individual is fined 2,000,000 VND
or more, or the violating organization is fined 100,000,000 VND or more;
b) The violating individual is facing economic
difficulties due to natural disasters, calamities, fires, epidemics, dangerous
diseases or accidents; the violating organization is facing special or
unexpected economic difficulties caused by natural disasters, disasters, fires
or epidemics.
In case the violating individual is facing economic
difficulties due to natural disaster, calamity, fire, epidemic, fatal disease
or accident, the certification of the People's Committee of the commune where
he/she resides or the organization where he/she is learning or working shall be
required; if the violating individual faces economic difficulties due to fatal
disease or accident, the certification granted by a medical establishment at
the district or higher level shall be required.
In case the violating organization is facing
economic difficulties due to natural disaster, catastrophe, fire or epidemic,
the certification of the People's Committee of the commune, the Management Board
of industrial parks, export processing zones or hi-tech zones, economic zones,
or the directly supervisory tax authority or the directly superior authority
shall be required.
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The term of adjournment of execution or enforcement
of sanction decisions shall not be longer than 03 months from the date of
issuance of adjournment decisions.
3. Violating individuals or organizations granted
permission to adjourn the execution of sanction decisions may take back their
document, exhibits or means used for commission of administrative violations
which are temporarily seized under the provisions of clause 6 of Article 125
herein."..
38. Amending and supplementing Article 77 as
follows:
“Article 77. Fine reduction or exemption
1. The reduction in a part of the fine specified in
a sanctioning decision against the violating individual and organization that
have already obtained permission for adjournment of execution of the sanction
decision according to the provisions of Article 76 of this Law shall be granted
if the following regulations are met:
a) The violating individual continues to be in a
difficult economic situation caused by natural disaster, conflagration,
calamity, accident, and obtains certification from the People's Committee of
the commune where he/she are residing, or the organization where he/she is
studying or working is located;
b) The violating organization is facing economic
difficulties due to natural disaster, catastrophe, fire or epidemic, and
obtains the certification of the People's Committee of commune, Management
Board of industrial parks, export processing zones or hi-tech zones, economic
zones, or the directly supervisory tax authority or the directly superior
authority.
2. The violating individual may be granted an
exemption from the remaining fine stated in the sanction decision due to
his/her incapability of enforcing or executing the sanction decision if one of
the following situations occurs:
a) Despite being granted the reduction in a part of
the fine prescribed in clause 1 of this Article, he/she continues to be in a
difficult economic situation caused by natural disaster, conflagration,
calamity, epidemic, fatal disease or accident, and obtains the certification
from the People's Committee of the commune where he/she is residing, or the
organization where he/she is studying or working;
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3. The violating organization shall be exempt from
payment of the residual amount of fine stated in the sanction decision when
they fully meet the following conditions:
a) They have been granted a reduction in a part of
the fine prescribed in clause 1 of this Article or have already paid the fine
for the first or second installment if they are entitled to installment payment
of the fine under the provisions of Article 79 herein;
b) Supplementary penalties and relief or remedial
measures stated in sanction decisions have been completely executed;
c) The violating organization continues to face
economic difficulties due to natural disaster, catastrophe, fire or epidemic,
and obtains the certification of the People's Committee of commune, Management
Board of industrial parks, export processing zones or hi-tech zones, economic
zones, or the directly supervisory tax authority or the directly superior
authority.
4. The violating individual may be granted an
exemption from payment of the remaining fine stated in the sanction decision
due to his/her incapability of enforcing or executing the sanction decision if
one of the following situations occurs:
a) Despite being granted the adjournment of the
fine charge decision as prescribed in Article 76 of this Law, he/she continues
to be in a difficult economic situation caused by natural disaster, calamity,
fire, epidemic, fatal disease or accident, and obtains the certification from
the People's Committee of the commune where he/she is residing, or the
organization where he/she is studying or working;
b) He/she is already fined at least VND 2,000,000
and is facing special or unexpected economic difficulties due to natural
disaster, calamity, fire, epidemic, fatal disease or accident, and obtains the
certification of the People's Committee of the commune where he/she is
residing, or the organization where he/she is learning or working; if he/she
faces unexpected economic difficulties due to fatal disease or accident, the
certification granted by a medical establishment at the district or higher
level shall be further required.
5. The violating organization shall be exempt from
payment of the entirety of the fine stated in the sanction decision if the
following conditions are fully met:
a) Adjournment of execution or enforcement of the
fine charge decision prescribed under Article 76 herein has been granted;
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c) The violating organization continues to face economic
difficulties due to natural disaster, catastrophe, fire or epidemic, and
obtains the certification of the People's Committee of commune, Management
Board of industrial parks, export processing zones or hi-tech zones, economic
zones, or the directly supervisory tax authority or the directly superior
authority.
6. Violating individuals and organizations must
file written petitions for the fine reduction or exemption, enclosing the
certification of the competent authority, as prescribed in clause 1, 2, 3, 4
and 5 of this Article to persons issuing sanction decisions. Within the
duration of 05 working days of receipt of these petitions, the persons issuing
sanction decisions must consider issuing reduction or exemption decisions, and
notify these decisions to petitioners; in case of refusal to grant the
reduction or exemption, clear reasons for that refusal must be stated.
7. Persons or organizations granted fine reduction
or exemption may claim back their documents, exhibits or means held in the
temporary custody according to the provisions of clause 6 of Article 125 in
this Law.”.
39. Amending and supplementing clause 1 of Article
78 as follows:
“1. During the period of execution of the sanction
decision specified in clause 2 of Article 68 or clause 2 of Article 79 of this
Law, sanctioned individuals and organizations must pay fines at the State
Treasury or into the State Treasury's account specified in each sanction
decision, except if the fine has already been paid under the provisions of
clause 2 of this Article. Upon expiry of the above period, they shall be forced
to execute the sanction decision and, for each day exceeding the period, the
violating individual or organization must pay an additional amount accounting
for 0.05% of the total outstanding fine.”.
40. Amending and supplementing clause 1 of Article
79 as follows:
“1. Installment payment of fines may be permitted
if the following conditions are fully met:
a) The violating individual is fined at least VND
15,000,000 while the violating organization is fined at least VND 150,000,000
VND;
b) The violator faces special economic difficulties
and files a petition for the installment payment of the fine. The violating
individual's petition needs to be certified by the People's Committee of the
commune where he/she is residing or the organization where he/she is learning
and working. The written petition needs to obtain the certification that the
violator is facing special economic difficulties from the People's Committee at
the commune level, the Management Board of industrial parks, export processing
zones or hi-tech zones, economic zones, or the directly supervisory tax
authority or the directly superior authority.”.
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“5. In case of discovering licenses or practicing
certificates being issued ultra vires, or containing illegal information,
persons having sanctioning authority must take temporary custody of them and
promptly issue revocation decisions within their remit; in case of not falling
under their authority of revocation, they shall be temporarily seized and,
within 02 working days from the date of discovery, such licenses or practicing
certificates must be transferred to regulatory authorities or persons issuing
them to be further processed according to the provisions of the laws, and
notify this to the violating individuals or organizations.”.
42. Adding clause 3 placed underneath clause 2 of
Article 81 as follows:
“3. Any exhibit or means involved in commission of
administrative violations of which decisions on revocation or withdrawal have
already been issued shall be handled under laws on management and use of public
property.”.
43. Amending and supplementing clause 1 of Article
86 as follows:
“1. Enforcement of execution of sanction decisions
shall be needed in the following cases:
a) The individual or organization subject to the
sanction decision fails to voluntarily execute that decision as provided in
Article 73 herein;
b) The individual or organization subject to the
sanction decision fails to voluntarily repaying expenses incurred from
implementation of relief or mitigation measures prescribed in clause 5 of
Article 85 herein to authorities carrying out such measures.”.
44. Amending and supplementing Article 87 as
follows:
“Article 87. Authority to issue enforcement
decisions
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a) President of People’s Committee at any level;
b) Sheriff of Police Station, Sheriff of
district-level Police, Director of provincial-level Police, Director of the
Economic Security Department, Director of the Police Department for Social
Order Administration, Director of the Investigation Police Department for
Corruption, Economic and Smuggling Crimes, Director of the Investigation Police
Department for Drug Crimes, Director of the Traffic Police Department, Director
of the Firefighting, Prevention and Rescue Police Department, Director of the
Police Department for Prevention and Control of Environmental Crimes, Director
of the Cybersecurity, Hi-tech Crimes Prevention and Control Department,
Director of the Internal Political Security Department, Director of the Police
Department for Management of Retention and Execution of Criminal Judgements at
Community, and Commander of the Mobile Police;
c) Commanding Officer of Border Guard Post,
Commanders of the Border Guard Command at port border gate, Chief Commander of
provincial-level Border Guard, Captains of Naval Border Guard Squadrons; Heads
of Task Force Commissions for Drug and Crime Prevention and Control, Director
of the Department of Drug and Crime Prevention and Control; Regional Commands
of Coast Guard, the Command of Coast Guard of Vietnam;
d) Director of Customs Subdepartment; Director of
Post-clearance Inspection Subdepartment; Leader of Control Team of provincial,
inter-provincial or municipal Customs Department; Leader of Criminal
Investigation Team; Leader of Smuggling Control Team; Captain of Maritime
Control Flotilla; Leader of Anti-smuggling, Counterfeit Product Control and
Intellectual Property Team affiliated to the Smuggling Investigation and
Prevention Department; Director of Post-clearance Inspection Sub-department as
an affiliate of the Post-clearance Inspection Department, Director of the
Smuggling Investigation and Prevention Department, and the Director of the
General Department of Customs;
dd) Head of Forest Protection Station, Director of
Forest Protection Sub-Department, Director of Regional Forest Protection
Sub-department, Director of Forest Protection Department;
e) Director of Fisheries Resources Surveillance
Sub-department, Director of Fisheries Resources Surveillance Department;
g) Director of Taxation Sub-department, Director of
Taxation Department, Director of General Department of Taxation;
h) Director of provincial-level Market Surveillance
Department and Director of Department of Market Surveillance Operations
affiliated to Vietnam Directorate of Market Surveillance;
i) Chairperson of National Competition Committee;
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l) Director of Maritime Administration, Director of
Airports Authority, Director of Inland Waterway Port Authority;
m) Presiding Judge of district-level People's
Court, Presiding Judge of provincial-level People's Court, Presiding Judge of
regional People's Court, Chief Justice of Military Court of military zones and
the equivalent, specialized Chief Judge of High People's Court; Director of
Civil Judgment Execution Sub-Department, Director of Civil Judgment Execution
Department, Head of Judgment Execution Division of the military zone, Director
of General Department of Civil Judgment Execution, Director of Judgment
Execution Department of the Ministry of National Defence;
n) Chief Auditor;
o) Heads of diplomatic missions, consular offices
and other authorities vested with the authority assigned as consular officials
of the Socialist Republic of Vietnam in foreign countries.
2. Persons having authority to enforce the
execution that are prescribed in clause 1 of this Article may delegate
authority to their deputies. The delegation of authority must be
documented in decisions under which the scope, details of delegated authority
and term of delegated authority must be clarified. Authorized deputies
must be accountable to their heads and before laws for the exercise of their
delegated authority. The authorized person shall not be entitled to re-delegate
their authority to any other person.
3. Persons having sanctioning authority of authorities
receiving and organizing the implementation of sanctioning decisions that are
prescribed in Article 71 herein shall issue decisions on enforcement of
execution thereof, or request their superiors to issue decisions on enforcement
of execution of sanction decisions.”.
45. Amending and supplementing several clauses of
Article 88 as follows:
a) Amending and supplementing clause 1 as follows:
“1. Within the duration of 02 working days from the
date of issuance of decisions on enforcement of execution of sanction
decisions, persons issuing such decisions must send these decisions to the
obliged persons or entities, law enforcement entities, organizations and
persons or entities involved.
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Sending enforcement decisions to individuals and
organizations concerned must conform to regulations laid down in Article 70
herein.
Enforcement decisions must be executed promptly
when obliged individuals or organizations receive enforcement decisions.”;
b) Adding clause 2a placed after clause 2 as
follows:
“2a. The limitation period for execution of
an enforcement decision starts from the date of issuance of that enforcement
decision and ends on the time of invalidation of sanction decisions prescribed
in clause 1 of Article 74 herein; after expiry of the aforesaid period, that
enforcement decision shall not be executed, except if the sanction decision
prescribes the imposition of a penalty in a form of confiscation of
administrative violation material evidence and mean, and application of
remedial or relief measures.”;
c) Amending and supplementing point c of clause 3
as follows:
“c) Credit institutions, State Treasuries, foreign
bank branches where obliged individuals and organizations open their accounts
shall provide information on conditions for execution of sanction decisions of
the obliged individuals or organizations within 02 working days of receipt of
the written requests from persons having enforcement authority; block the
account balance amount equivalent to the amount that the obliged person or
organization must pay or freeze the entire amount available in the account in
case the balance of the deposit account is less than the amount that the
obliged individual and organization must pay; take away the amount from the
account to pay the outstanding amount at the request of persons having
authority to issue enforcement decisions. Within 05 working days prior to the
aforesaid transfer activity, credit institutions, State Treasuries or foreign
bank branches shall notify the violated individuals or organizations of such
transfer; Such mandatory transfer does not need the consent given by the
violated individuals or organizations.
The Government shall elaborate on this point.”.
46. Amending and supplementing Article 90 as
follows:
“Article 90. Violators subject to the sanction
of receiving mandatory educational services at communities, wards or towns
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2. Persons aged between 14 years and under 16 years
who commit acts suspected to be serious intentional crimes defined in the Penal
Code.
3. Persons aged between 14 years and under 16 years
who have been administratively sanctioned twice, and on whom an administrative
violation record is issued at the third attempt within 06 months, for one of
the acts of causing public disorder, property theft, gambling, fraud or illegal
racing.
4. Persons aged between 16 years and under 18 years
who have been administratively sanctioned twice, and on whom a administrative
violation record is issued at the third attempt within 06 months, for one of the
acts, such as offending the dignity and honor of other persons; injuring or
harming the health of other persons; illegally seizing, destroying or
intentionally damaging the property of other persons; causing public disorder;
property theft; gambling; fraud; illegal racing, which are not treated as
crimes.
5. Persons aged 14 years or older who have been
administratively sanctioned twice, and on whom a administrative violation
record is issued at the third attempt within 06 months, for the act of
illegally using narcotic substances.
6. Persons aged 18 years or older who have been
administratively sanctioned twice, and on whom a administrative violation
record is issued at the third attempt within 06 months, for one of the acts,
such as offending the dignity and honor of other persons; injuring or harming
the health of other persons; illegally seizing, destroying or intentionally
damaging the property of other persons; causing public disorder; property
theft; gambling; fraud; illegal racing; mistreating or torturing grandparents,
parents, spouses, children, grandchildren or fosterers, which are not treated
as crimes.
7. Persons defined in clauses 1, 2, 3, 4, and
persons aged between 14 years and under 18 years specified in clause 1 of this
Article, who do not have stable residences shall be referred to social
protection establishments or child support establishments to put them under
control and have them educated during the period of implementation of the
measure of rendering compulsory educational services at communes, wards or
towns.
If a person aged 18 years or older that is covered
by clause 5 of this Article does not have a stable residence, he/she shall be
referred to the People's Committee of the commune where he/she is found
illegally using narcotics at the third attempt to put him/her under control.”.
47. Amending and supplementing Article 92 as
follows:
“Article 92. Violators subject to the sanction
of being compulsorily sent to reform schools
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2. Persons aged between 14 years and under 16 years
who commit acts suspected to be very or extremely serious crimes defined in the
Penal Code, except for those crimes prescribed in clause 2 of Article 12 in the
Penal Code.
3. Persons aged between 14 years and under 16 years
who commit one of the acts prescribed in clause 2 and 3 of Article 90 herein,
and are already subject to the sanction of receiving compulsory educational
services at communes, wards or towns before.
4. Persons aged between 16 years and under 18 years
who commit one of the acts prescribed in clause 4 of Article 90 herein which
are not crimes, and are already subject to the sanction of receiving compulsory
educational services at communes, wards or towns before.
5. Exemption from the sanction of being
compulsorily sent to reform schools shall be granted in the following cases:
a) Persons are incapable of fulfilling
administrative liabilities;
b) Pregnant persons obtaining health certificates
from healthcare establishments at the district or higher level;
c) Women or persons, by themselves, taking care of
children under 36 months of age, who are certified by the People's Committees
of the communes where they are residing.”.
48. Amending and supplementing clause 1 of Article
94 as follows:
“1. Violators subject to the sanction of being
compulsorily sent to educational establishments, including:
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b) Persons aged 18 years or older who commit one of
the acts prescribed in clause 6 of Article 90 herein which is not crimes, and
are already subject to the sanction of receiving compulsory educational
services at communes, wards or towns before.”.
49. Amending and supplementing clause 1 of Article
96 as follows:
“1. Drug addicts aged 18 years or older who fall
within the case in which they are subject to the sanction of being sent to
compulsory detoxification establishments according to the provisions of the Law
on Drug Prevention and Control.”.
50. Amending and supplementing clause 4 of Article
97 as follows:
“4. Authorities making written requests specified
in clauses 1 and 2 of this Article shall take responsibility for the legality
of request documentation. After completely preparing request documentation,
authorities making such documentation must notify persons affected by requests
for application of the sanction or their legal representatives of the making of
such documentation in writing; for minors, they must also notify their parents
or guardians of the making of such documentation. These persons shall have the
right to read the documentation and keep record of necessary information within
03 working days of receipt of such notification.”.
51. Amending and supplementing clause 1 of Article
98 as follows:
“1. Within 01 working day after expiry of the time
limit for reading request documentation specified in clause 4 of Article 97 of
this Law, authorities making request documentation that are prescribed in
clause 1 and 2 of Article 97 herein shall send such documentation to
Presidents of commune-level People's Committees.
Within 07 working days of receipt of the
documentation, Presidents of commune-level People's Committees shall organize
and preside over consultation meetings attended by heads of the commune-level
Police, judicial – civil records officers, representatives of the Vietnam
Fatherland Front Committee and a number of related socio-political
organizations and social organizations at the same level, or representatives of
grassroots-level residents. Persons affected by requests for application of the
sanction of receiving compulsory educational services at communes, wards or
towns, their legal representatives, parents and guardians of the minors must be
invited to these meetings and have the rights to express their opinions on
application of the sanction.”.
52. Amending and supplementing clause 3 of Article
99 as follows:
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53. Amending and supplementing clause 1 of Article
100 as follows:
“1. Within 01 working day after expiry of the time
limit for reading request documentation specified in clause 3 of Article 99 of
this Law, Presidents of commune-level People’s Committees shall send such
documentation to Chiefs of district-level Police. Within 02 working days of
receipt of the documentation, Chiefs of the district-level Police can decide to
transfer such request documentation to petition the district-level People's
Courts to apply the sanction of sending violators to reformatory schools. If
the documentation is incomplete, the Chief of the district-level Police shall
give it back to authorities making such documentation; the time limit for
provision of additional documents to make it complete shall be 02 working days
of receipt of the returned documentation. Within 02 working days of receipt of
the updated documentation, Chiefs of the district-level Police can decide to
transfer such request documentation to petition the district-level People's
Courts to apply the sanction of sending violators to reformatory schools.
Within 01 working days after expiry of the time
limit for reading request documentation prescribed in clause 3 of Article 99
herein, in the event of falling into the situation prescribed in clause 2 of
Article 99 herein, Chiefs of the district-level Police, Directors of provincial
Police Departments can decide to transfer such request documentation to
petition the People's Courts of the districts where persons affected by
requests for application of the sanction commit violations to seek their
judgement on application of the sanction of sending violators to reformatory
schools.”.
54. Amending and supplementing clause 3 of Article
101 as follows:
“3. Authorities making written requests specified
in clauses 1 and 2 of this Article shall take responsibility for the legality
of request documentation. After completely preparing request documentation,
authorities making such documentation must notify persons affected by requests
for application of the sanction or their legal representatives of the making of
such documentation. These persons shall have the right to read the
documentation and keep record of necessary information within 03 working days
of receipt of such notification.”.
55. Amending and supplementing clause 1 of Article
102 as follows:
“1. Within 01 working day after expiry of the time
limit for reading request documentation specified in clause 3 of Article 101 of
this Law, or from the date on which Directors of compulsory detoxification centers
make new violation records stipulated in clause 3 of Article 118 herein,
Presidents of commune-level People’s Committees or Directors of compulsory
detoxification centers must send such documentation to Chiefs of district-level
Police. Within 02 working days of receipt of the documentation, Chiefs of the
district-level Police can decide to transfer such request documentation to
petition the district-level People's Courts to apply the sanction of sending
violators to reformatory schools. If the documentation is incomplete, the Chief
of the district-level Police shall give it back to authorities making such
documentation; the time limit for provision of additional documents to make it
complete shall be 02 working days of receipt of the returned documentation.
Within 02 working days of receipt of the updated documentation, Chiefs of the
district-level Police can decide to transfer such request documentation to
petition the district-level People's Courts to apply the sanction of sending
violators to reformatory schools.
Within 01 working days after expiry of the time
limit for reading request documentation prescribed in clause 3 of Article 101
herein, in the event of falling into the situation prescribed in clause 2 of
Article 101 herein, Chiefs of the district-level Police, Directors of
provincial Police Departments can decide to transfer such request documentation
to petition the People's Courts of the districts where persons affected by
requests for application of the sanction commit violations to seek their
judgement on application of the sanction of sending violators to compulsory
educational establishments.”.
56. Amending and supplementing Article 103 as
follows:
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1. The preparation of request documentation for the
application of the sanction of sending drug addicts to compulsory
detoxification centers under Article 96 herein shall be subject to the
following regulations:
a) For drug addicts having stable residences, the
Presidents of the People's Committees of communes where such persons are
residing shall prepare request documentation for the application of the
sanction of sending them to compulsory detoxification centers;
b) For drug addicts not having stable residences,
the Presidents of the People's Committees of communes where such persons breach
laws shall prepare request documentation for the application of the sanction of
sending them to compulsory detoxification centers;
c) With regard to drug addicts involved in cases of
breach of laws that are directly detected, investigated and entertained or
accepted by the district- or provincial-level Police, if they are classified as
those compulsorily sent to detoxification centers as defined in Article 96 of
this Law, police agencies currently accepting the handling of these cases shall
verify, collect documents and prepare request documentation for application of
the sanction of sending them to compulsory detoxification centers;
d) Request documentation includes violation
records; résumé; written documents proving the current state of drug addiction;
reports of drug addicts or their legal representatives and other relevant
documents or records;
dd) Commune-level Police shall be responsible for
assisting Chairmen of the People's Committees at the same level to collect
documents and prepare request documentation as specified at points a, b and d
of clause 1 of this Article.
2. Authorities making written request documentation
specified in clauses 1 of this Article shall take responsibility for the
legality of the request documentation. After completely preparing request
documentation, authorities making such documentation must notify persons
affected by requests for application of the sanction of being sent to
compulsory detoxification centers, or their legal representatives, of the
making of such documentation. These persons shall have the right to read the
documentation and keep record of necessary information within 03 working days
of receipt of such notification.”.
57. Amending and supplementing clause 1 of Article
104 as follows:
“1. Within 01 working day after expiration of the
time limit for reading the request documentation, the provincial-level Police
shall send such documentation to the Heads of the Divisions of Labor, War
Invalids and Social Affairs of the districts where the persons affected by the
request for application of the sanction commit violations; the district-level
Police and the Chairpersons of the commune-level People's Committees shall send
the documentation to the Heads of the district-level Divisions of Labor, War
Invalids and Social Affairs. Within 02 working days of receipt of the
documentation, Heads of the district-level Divisions of Labor, War Invalids and
Social Affairs can decide to transfer such request documentation to petition
the district-level People's Courts to decide on applying the sanction of
sending violators to compulsory detoxification centers. If the documentation is
incomplete, Heads of the district-level Divisions of Labor, War Invalids and
Social Affairs shall give it back to authorities making such documentation so
that they update submitted documentation; the time limit for completion of the
updated documentation shall be 02 working days of receipt of the returned
documentation. Within 02 working days of receipt of the updated documentation,
Heads of the district-level Divisions of Labor, War Invalids and Social Affairs
can decide to transfer such request documentation to petition the
district-level People's Courts to decide on applying the sanction of sending
violators to compulsory detoxification centers”.
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“Article 107. Sending decisions on application
of the sanction of sending violators to reform schools, sending violators to
compulsory educational establishments and sending violators to compulsory
detoxification centers for execution purposes
Within 03 days from the effective date of a
administrative sanction decision, the People's Court that has issued the
decision must send the decision to the obliged person, the authority that
already sends the written request for the application of the administrative
sanction, or the Police agency at the same level (if the provincial Police
prepares the request documentation), the People's Committee of the commune
where that person is residing and other relevant authorities to make it
executed as legally prescribed; in case of the decision on application of the
sanction of sending violators to reform schools, it shall be sent to
parents or the legal representative of the violator.”.
59. Amending and supplementing clause 1 of Article
110 as follows:
“1. Within 05 days of receipt of the decision to
send violators to reform schools, the decision to send violators to compulsory
educational establishments, or the decision to send violators to compulsory
detoxification centers, agencies receiving the decision on application of
administrative sanctions specified in Article 107 of this Law shall organize
the execution as follows:
a) The district-level Police shall send the obliged
person to the reformatory school or compulsory educational establishment;
b) The Division of Labor, War Invalids and Social
Affairs shall collaborate with the district-level Police in sending the obliged
person to the compulsory detoxification center.”.
60. Amending and supplementing clause 3 of Article
118 as follows:
“3. At the phase of tapering off narcotics and
health recovery, if persons who are serving sanction decisions at compulsory
detoxification centers commit violations specified in clause 1 of Article 94 of
this Law, they shall be subject to the sanction of being sent to compulsory
educational establishments.
Directors of compulsory detoxification centers shall
prepare request documentation for sending them to compulsory education
establishments on the basis of existing documents and new violation records and
send such documentation to the Heads of the Police of the districts where
compulsory detoxification centers are located.
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61. Amending and supplementing several clauses of Article
122 as follows:
a) Amending and supplementing clause 1 as follows:
“1. The administrative sanction imposed in the
detention form shall only be applied in the following cases:
a) It is necessary to immediately stop or militate
against acts of disturbance of public order or injuring other persons;
b) It is necessary to deter and prevent acts of
smuggling and illegal cross-border transportation of goods;
c) The detention is a way to ensure the execution of
the sanction of sending violators to reform schools, sending violators to
compulsory educational establishments and sending violators to compulsory
detoxification centers;
d) Persons committing acts of domestic violence
violate contact prohibition decisions according to the provisions of laws on
domestic violence prevention and control;
dd) It is necessary to define the current state of
addiction to narcotics of persons illegally using narcotics.”;
b) Amending and supplementing clause 3 as follows:
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In case of the sanction of detention imposed to
assess the drug addiction state as prescribed at point dd of clause 4 of this
Article, the detention duration may be longer but not exceeding 05 days from
the detention start time.
Persons detained aboard aircraft or seagoing
vessels must be immediately transferred to competent authorities promptly after
aircraft arrive at the airport or seagoing vessels arrive at the port.”;
c) Amending and supplementing clause 5 as follows:
“5. Administrative detention facilities must be
administrative detention houses or rooms located at the offices of the agencies
or units where the persons having authority to issue detention decisions are
serving. If there is none of administrative detention houses or rooms, the
detention may take place at on-call duty rooms or other rooms at workplace, but
must conform to general regulations.
Agencies performing the functions of preventing and
controlling acts of violation that regularly have to temporarily detain
administrative violators should arrange, design and build separate
administrative detention houses or rooms for minors, women or foreigners, and
must assign specialized officers to assume management and protection duties.
For cases of detention of the persons regulated at
point dd of clause 1 of this Article, detention places must be detention areas
located at compulsory detoxification centers of provinces or centrally run
cities, detention houses or booths.
For aircraft, ships or trains already leaving
airports, ports, stations or terminals, depending on the specific conditions
and types of violators, the commanders, captains or masters can decide
detention places and assign people to carry out detention activities.”.
62. Amending and supplementing Article 123 as
follows:
“Article 123. Administrative detention authority
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a) President of commune-level People’s Committee;
b) Head of ward police, Head of police of the
commune or town that has organized the elite police force in accordance with
the Law on People's Public Security; Head of International Airport Police; Head
of Border gate Police;
c) Head of District-level Police; Head of
Professional Division of Traffic Police Department; Head of the Professional
Division of Immigration Department; Head of Professional Division of Police
Department for Administration of Social Order; Head of Professional Division of
the Department of Cybersecurity, Hi-Tech Crime Prevention and Control;
Head of Professional Division of the Department of Fire Prevention, Fighting
and Rescue; Head of Professional Division of Drug Crime Investigation Police
Department; Head of Division of provincial Police, including:
Chief of Police Division for Administration of Social Order; Chief of
Investigation Police Division for Corruption, Economic and Smuggling Crimes;
Chief of Investigation Police Division for Drug Crimes; Chief of Traffic Police
Division; Chief of Road – Rail Traffic Police; Chief of Road Traffic Police
Division; Chief of Waterway Police Division; Chief of Mobile Police Division;
Director of Security Guard Division; Director of Criminal Judgment
Execution and Judicial Assistance Police Division; Chief of Police Division for
Prevention and Control of Environmental Crimes; Chief of Police Division for
Firefighting, Prevention and Rescue; Director of Immigration Division; Director
of Economic Security Division; Director of External Security
Division;
d) Head of Mobile Police unit at the company or
higher level;
dd) Head of Forest Protection Station; Head of
Mobile Forest Protection, Forest Firefighting and Prevention Team; Director of
Forest Protection Sub-Department, Director of Regional Forest Protection
Sub-department, Head of Fisheries Resources Surveillance Station of Regional
Sub-department of Fisheries Resources Surveillance; Director of Regional
Sub-department of Fisheries Resources Surveillance; Director of Fisheries
Resources Surveillance Department;
e) Director of Customs Subdepartment; Leader of
Control Team of Customs Department; Leader of Criminal Investigation Team;
Leader of Smuggling Control Team; Captain of Maritime Control Flotilla
subordinate to the Smuggling Investigation and Prevention Department;
g) Leader of Market Surveillance Team; Head of
Professional Division under the control of the Department of Market
Surveillance Operations;
h) Commanding Officer of Border Guard Post;
Commander of the Border Guard Command at port border gate; Captain of Naval
Border Guard Flotilla; Captain of Naval Border Guard Squadron; Head of Task
Force Commission for Drug and Crime Prevention and Control; Chief Commander of
provincial Border Guard;
i) Captain of Coast Guard Flotilla; Captain of
Coast Guard Squadron; Regional Command of the Coast Guard; Head of
Reconnaissance Commission; Head of Task Force Commission for Drug Crime
Prevention and Control;
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l) Presiding judge of the Court.
2. Persons having detention authority that are
referred to in point a through i of clause 1 of this Article may delegate the
administrative detention authority to their deputies during their absence.
The delegation of authority must be documented in decisions under which
the scope, details of delegated authority and term of delegated authority must
be clarified. Authorized deputies must be accountable to their heads and
before laws for the exercise of their delegated authority. The authorized
person shall not be entitled to re-delegate their authority to any other
person.”.
63. Amending and supplementing point b of clause 1
of Article 124 as follows:
“b) Sending or returning the violators specified in
clause 1 of Article 111, or clause 2 of Article 112, failing to voluntarily
comply after necessary conditions for postponement or temporary suspension of
the sanctions no longer exist, and the violators specified in clause 2 of
Article 132 of this Law, to reformatory schools, compulsory educational
establishments or compulsory detoxification centers.”.
64. Amending and supplementing several clauses of
Article 125 as follows:
a) Amending and supplementing clauses 3, 4 and 5,
and adding clause 5a, 5b and 5c placed underneath clause 5 of Article 125 as
follows:
“3. Persons having authority to apply the sanction
of confiscating material evidence or means used for commission of
administrative violations prescribed in Chapter II of Part Two of this Law
shall have authority to issue decisions on temporary impoundment of material
evidence and means of commission of administrative violations, licenses or
practicing certificates. Temporary impoundment authority shall not vary,
depending on values of material objects or means used for commission of
administrative violations.
4. If there is any ground prescribed in clause 1 of
this Article, temporary impoundment of material evidence or means used for
commission of administrative violations, licenses or practicing certificates
shall be carried out as follows:
a) Persons having authority to make administrative
violation records are handling cases or matters of making records of temporary
impoundment of material evidence and means used for commission of
administrative violations, licenses and practice certificates as prescribed in
clause 9 of this Article;
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In case the temporary impoundment decision is not
issued, material evidence and means used for commission of administrative
violations, licenses and practicing certificates must be immediately returned.
In cases where material evidence is a perishable
good, the custodian must immediately report them to the direct supervisor for
further actions; if they are left damaged or lost, he/she must pay compensation
according to the provisions of laws.
5. The person making the temporary impoundment
record, the person issuing the temporary impoundment decision shall be
responsible for taking care of material evidence and means used for commission
of administrative violation, license or practicing certificate. In case the
material evidence, means used for commission of administrative violation,
license or practicing certificate is lost, illegally sold, swapped or damaged, short
of components or replaced, the temporary impoundment decision maker shall have
the burden of paying compensation and shall be sanctioned under laws.
5a. In the course of the temporary impoundment, the
record maker and the person having temporary impoundment authority must seal
the temporarily impounded material evidence and/or means used for commission of
administrative violations, excluding:
a) Live animals and plants;
b) Goods or articles that are perishable or
difficult to be stored under laws.
5b. In order to attach security seal on the
temporarily impounded material evidence and/or means used for administrative
violations, such sealing activity must be witnessed by the violator; if the
violator is absent, the sealing must be witnessed by the representative of the
violator’s family, the violating organization’s representative or the
representative of the commune-level authority, or by at least 01 person.
5c. The temporary impoundment record or the
decision on temporary impoundment of material evidence and means used for
commission of administrative violations, license or practicing certificate may
be made, issued or sent electronically.";
b) Amending and supplementing clause 8, 9, 10 and
adding clause 11 placed below clause 10 as follows:
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The period for temporary impoundment may be
extended in the cases prescribed in point b of clause 1 of Article 66 herein,
but not exceeding 01 month from the commencement date. In the cases subject to
regulations laid down in point c of clause 1 of Article 66 herein, THE period
for temporary impoundment may continue to obtain extension, but not exceeding
02 month from the commencement date.
The period for temporary impoundment of material
evidence or means used for commission of administrative violations, licenses or
practicing certificates shall start from the date on which they are temporarily
impounded in reality.
The period for temporary impoundment of material
evidence and means of commission of administrative violations, licenses or
practicing certificates shall not longer than the limitation period for issue
of administrative sanction decisions under the provisions of Article 66 herein.
In cases where the temporary impoundment is needed as a way to securing
performance of obligations to execute sanction decisions as provided in point c
of clause 1 of this Article, the period for temporary impoundment shall expire
after completely executing sanction decisions.
The person having the temporary impoundment
authority must issue decisions on temporary impoundment or extension of the
period for the temporary impoundment of material evidence and means used for
commission of administrative violations, licenses or practicing certificates.
9. The record of temporary impoundment of material
evidence or means used for commission of administrative violations, licenses or
practicing certificates must clarify names, quantity, categories, current state
thereof, must be signed by the person carrying out the temporary impoundment,
the violator or the violating organization's representative; in cases where
there is none of the violator’s signatures, the signature of at least one
witness is required. This record shall be made into 02 copies, each of which is
sent to the violating person or the violating organization’s representative.
10. For means of transport committing
administrative violations to the extent of being temporarily impounded to
guarantee the execution of sanction decisions, if violating organizations or
individuals have clear addresses, storage facilities or the financial
capability to provide bail amounts, they may still keep them under the
management of the competent state agencies.
11. The Government shall elaborate on this
Article.”.
65. Amending and supplementing several clauses of
Article 126 as follows:
a) Amending and supplementing clause 1 as follows:
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For material evidence or means temporarily
impounded due to being appropriated or illegally used for commission of
administrative violations, and subject to the sanction of confiscation, they
shall be returned to lawful owners, custodians or users; violating individuals
and organizations must pay an amount equivalent to the value of material
evidence and/or means used for commission of administrative violations into the
state budget. In case legitimate owners, custodians or users intentionally let
violators use material evidence and/or means used for commission of
administrative violations as prescribed in Article 26 of this Law, material
evidence and/or means shall be seized by the state budget.
If material evidence and/or means subject to the
sanction of being confiscated are secured by the collateral provided as the
registered guarantee in accordance with the civil legislation, the obligee may
claim back these material evidence and means or amounts equivalent to the value
of the guaranteed obligations; violating individuals and organizations must pay
amounts equivalent to the values of material evidences and/or means used for
commission of administrative violations into the state budget.”;
b) Amending and supplementing clause 4; adding
clause 4a and clause 4b underneath clause 4 as follows:
“4. Upon expiration of the period for the temporary
impoundment of material evidence or means which are temporarily seized
according to the provisions of points a and b of clause 1 of Article 125
herein, if legitimate violators, owners, custodians or users do not come to
claim them without any sound reasons, they shall be disposed of as follows:
a) In case legitimate violators, owners, custodians
or users of material evidence and/or means are identified, persons issuing
temporary impoundment decisions must notify them twice. The first notification
must be issued within 03 working days from the expiration of the time limit for
the temporary impoundment thereof. The second notification must be issued
within 07 working days from the date of issue of the first notification. After
the period of 01 month from the second notification date, if legitimate
violators, owners, custodians or users do not come to claim them, within 05
working days, competent persons must issue decisions to seize material evidence
and/or means used for commission of administrative violations;
b) In case legitimate violators, owners, custodians
or users of material evidence and/or means are unidentifiable, persons issuing
temporary impoundment decisions must make two attempts in notifying this via
central or local mass media at localities where they are temporarily impounded.
The first notification must be issued within 03 working days from the
expiration of the time limit for the temporary impoundment thereof. The second
notification must be issued within 07 working days from the date of issue of
the first notification. After the period of 01 year from the second
notification date, if legitimate violators, owners, custodians or users do not
come to claim them, within 05 working days, competent persons must issue
decisions to seize material evidence and/or means used for commission of
administrative violations.
4a. For material evidence and/or means used for
administrative violations which are temporarily impounded according to the
provisions of point c of clause 1 of Article 125 herein, if individuals or
organizations that are sanctioned for administrative violations fail to execute
sanction decisions upon expiration of the time limit for execution of sanction
decisions, within 05 working days after the expiration of the time limit for
execution of sanction decisions, the persons having temporary impoundment
authority must transfer material evidence and/or means used for commission of
administrative violations to persons having authority to enforce the execution
of sanctioning decisions to decide on the distraint or auction thereof in
accordance with laws to assure the execution of sanction decisions.
4b. Upon the expiration of the temporary
impoundment period of licenses or practicing certificates, or the limitation
period for execution of sanction decisions, if violators do not come to claim
them back without sound reasons, within 10 working days after the expiration of
the temporary impoundment period or the limitation period for execution of sanctioning
decisions, persons having temporary impoundment authority must transfer them to
the agencies that have issued those kinds of papers to proceed to carry out
revocation procedures in accordance with laws, and inform violators.”;
c) Amending and supplementing clause 6 as follows:
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66. Amending and supplementing Article 131 as
follows:
“Article 131. Managing and supervising persons
affected by requests for application of administrative sanctions in the course
of carrying out the procedures for application of administrative sanctions
1. For persons affected by requests for application
of the sanction of being sent to reformatories compulsory education
establishments or compulsory detoxification centers, if they have stable
residences, competent agencies or persons having authority shall prepare
documents on decisions to put them under their family’s supervision during the
period of implementation of the procedures for consideration of issue of
decisions on application of administrative sanctions.
2. If they do not have stable residences, or have
stable residences but their family objects to supervising them, the
supervision during the period of implementation of the procedures for
consideration of issue of decisions on application of the sanction of sending
them to reformatories, compulsory education establishments or compulsory detoxification
centers shall be subject to the following regulations:
a) Competent authorities and persons prepare
documents on decisions to put persons affected by requests for application of
the sanction of being sent to compulsory detoxification centers under the supervision
of centers or establishments receiving social evils or compulsory
detoxification centers of provinces or centrally-run cities;
b) Competent authorities or persons shall prepare
documents on decisions to put persons affected by requests for application of
the sanction of being sent to reformatories, compulsory education
establishments, or those committing acts of violations under the supervision of
commune-level People’s Committees.
3. The term of management and supervision shall
start from the time of preparation of request documents and end on the time of
moving violators to execute the administrative sanctions according to decisions
of Courts.
The period of supervision and management of
violators prescribed in point a of clause 2 of this Article at centers or
establishments shall be subtracted from the time limit for application of
administrative sanctions.
4. Each decision to put a violator under the
supervision of his/her family or the relevant authority or organization must
clearly state: the date of issue of the decision; the full name and title of
the decision maker; the full name, date of birth, place of residence of the
assigned supervisory person, or the name and address of the assigned
supervisory agency or organization; the full name, date of birth, and place of
residence of the supervised person; reasons, term and responsibilities of the
supervised person, responsibilities of the supervisory person or agency or
organization, and responsibilities of the People's Committee of the commune where
the violator is residing; the signature of the person issuing the decision to
assign the supervision tasks, and must be immediately sent to the family or the
agency or organization assigned the supervision tasks, the supervised person to
have it executed.
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a) Do not let supervised persons continue to
perform law-breaking acts.
b) Supervised persons must be present at the time
of issue of decisions to send them to reform schools, compulsory educational
establishments or compulsory detoxification centers;
c) Promptly reporting to authorities or persons
issuing decisions to assign the supervision tasks in case where supervised
persons take flight or perform law-breaking acts.
6. During the supervision period, supervised
persons shall have the following responsibilities:
a) Strictly complying with regulations of laws on
temporary residence or absence. When leaving communes, wards or townships for
other localities, other families, agencies or organizations assigned to perform
supervision tasks must be notified of the address and duration of temporary
residence;
b) They must turn up at the office of authorities or
persons having authority to make documents related to their case upon request.
7. During the supervision period, authorities or
persons having authority to issue supervision decisions shall have the
following responsibilities:
a) Informing families, authorities or organizations
assigned to manage, supervise the supervised persons, and the supervised
persons of their rights and obligations during the supervision period;
b) Applying measures to support families, agencies
and organizations assigned to perform the tasks of supervising and managing the
supervised persons;
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8. The Government shall elaborate on this
Article.”.
67. Amending and supplementing clause 3 of Article
132 as follows:
“3. In case where a person obtaining a decision to
send him/her to a reformatory as specified in clause 1 of this Article is 18
years old at the time of his/her being successfully found, and if all necessary
conditions for forcing him/her to be subject to the sanction of being sent to a
compulsory education establishment exist, the district-level Police of the
place where request documentation is made shall file a request to the
district-level People’s Court to seek their judgement on application of the
sanction of sending him/her to a compulsory educational establishment.
In case where a person that is executing a decision
to send him/her to a reformatory as specified in clause 2 of this Article is 18
years old at the time of his/her being successfully found, and if all necessary
conditions for forcing him/her to be subject to the sanction of being sent to a
compulsory education establishment exist, the principal of the reformatory
shall file a request to the district-level People’s Court of the place where
that reformatory is located to seek their judgement on application of the
sanction of sending him/her to a compulsory educational establishment.”.
68. Amending and supplementing clause 3 of Article
134 as follows:
“3. The application of a sanction type and the
decision on the sanction amount against minors committing administrative
violations must conform to the principle that these sanctions must be lighter
than those imposed on the adults committing the same administrative violations.
In case a person aged between 14 years and under 16
years commits an administrative violation, the fine shall not be applied.
In case where a person aged between 16 years and
under 18 years that commits an administrative violation is subject to a fine,
the fine amount must not a half as much as that applicable to an adult; in case
where he/she must pay an amount equivalent to the value of material evidence
and/or means used in the commission of administrative violation into the state
budget according to the provisions of Clause 1 of Article 126 of this Law, the
amount of payment into the state budget must be a half as much as the value of
material evidence and/or means used for commission of administrative violation.
If he/she does not have money to pay the fine or is unable to take remedial or
mitigation measures, his/her parent or guardian shall have the burden to do so
instead;".
69. Adding clause 3 placed underneath clause 2 of
Article 138 as follows:
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70. Amending and supplementing clause 1 of Article
140 as follows:
“1. Home-based management is an alternative to an
administrative sanction applicable to minors defined in clauses 3 and 4 and
persons aged between 14 years and under 18 years who illegally use narcotic
substances specified in clause 5 of Article 90 herein when the following
conditions are fully satisfied:
a) They have voluntarily reported, and sincerely
apologized for their acts of violation;
b) There is favorable living environment for
application of this sanction;
c) Their parents or guardians are eligible to
perform the tasks of management and voluntarily assume home-based management
responsibilities.”.
71. Adding Article 140a placed below Article 140 in
the Chapter II of the Part V as follows:
“Article 140a. Community-based education
1. Community-based education is an alternative to
an administrative sanction applicable to persons aged between 12 years and
under 14 years who are defined in clause 1 of Article 92 of this Law if they have
stable residences, are studying at educational institutions and their parents
and guardians make written commitments regarding management and education of
their children or protected persons.
2. According to regulations laid down in clause 1
of this Article, the People’s Court shall decide on the community-based
education sentence.
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4. Within 03 working days from the effective date
of the community-based education sentence, the People's Court where the
decision on such sentence has been made must send the decision to the minor’s
parent or guardian and the People's Committee of the commune where that person
is residing or the child support facility or the social protection
establishment to request them to cooperate in implementation or supervision of
the compliance.
Minors subject to community-based education
sentences may attend school or participate in other learning or vocational
training programs; participate in counseling and community-based life skill
development programs.”.
72. Adding several words or phrases at several
articles as follows:
a) Adding the phrase “,community-based education
measure/sanction/sentence” in front of the phrase “and home-based management
measure/sanction/sentence” in clause 4 of Article 2;
b) Adding the phrase “,organization(s)” behind the
word “individual” at point c of clause 1 of Article 6 and clause 4 of Article
62;
c) Adding the phrase “the Chief Justice of the Supreme
People's Court, the State Auditor General," in front of the phrase"
Presidents of the People's Committees at all levels" in the first
paragraph of clause 2 of Article 18;
d) Adding the phrase “, means” behind the word
“material evidence/physical exhibit” in Article 60;
dd) Adding the phrase "and the full name and
title of the legal representative" in front of the phrase "of the
violating organization" at point dd of clause 1 of Article 68;
e) Adding the phrase ", the Director of the
provincial Police" behind the "Head of district-level Police "
at point b of clause 2 of Article 100 and point b of clause 2 of Article 102.
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a) Replacing “dismantling” by “wrecking” at the
point b of clause 1 of Article 28 and Article 30;
b) Replacing the phrase “VND 50,000,000” by the
phrase “VND 100,000,000” at point b of clause 2 of Article 38 and point b of
clause 5 of Article 39;
c) Replacing the phrase “forest and forest product management”
by “forestry” at point b of clause 5 of Article 43;
d) Replacing the phrase “VND 25,000,000” by the
phrase “VND 50,000,000” at point b of clause 2 of Article 47;
dd) Replacing the phrase “24 hours” by the phrase
“48 hours” at clause 3 of Article 60;
e) Replacing the phrase "procedure conducting
authorities" with the phrase "authorities having procedure-conducting
jurisdiction" in clauses 1, 2 and 3 of Article 62;
g) Replacing the word "hospital" with the
phrase "medical/healthcare establishments at the district or higher
level" at point d of clause 2 of Article 94, and point b of clause 2 of
Article 96, and point a of clause 1 and point a, point c of clause 2 of Article
111;
h) Replacing the phrase “03 days” by the phrase “02
working days” at clause 2 of Article 98;
i) Replacing the phrase "02 witnesses"
with the phrase "at least 01 witness" in clause 4 of Article 128 and
clause 3 of Article 129;
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k) Replacing the phrase "having a value not
exceeding the fine amount specified at point b of this clause" with the
phrase "having a value not 2 times as much as the fine amount specified at
point b of this clause" at point c of clause 1 of Article 38.
74. Deleting several phrases at several articles,
clauses or points as follows:
a) Deleting the phrase “06 months,” at clause 3 and
point c of clause 5 of Article 17;
b) Deleting the phrase “Disposal of exhibits or
means used for commission of administrative violations that are confiscated
shall be subject to regulations laid down in Article 82 of this Law.” at
Article 26;
c) Deleting the phrase “having a value not
exceeding the fine amount specified at point b of this clause" at point d
of clause 2 of Article 38, point d of clause 5 of Article 39, point c of clause
4 of Article 44, point c of clause 3 of Article 45, point d of clause 2 of
Article 47, point c of clause 4 of Article 49;
d) Deleting the phrase “used for” at point c of
clause 4 of Article 48;
a) Deleting the phrase “clause 5 and clause 9” at
clause 3 of Article 60.
75. Abolishing Article 50, 82 and 142.
Article 2. Amending and
supplementing clause 1 of Article 163 of the Law on Execution of Civil
Judgments No. 26/2008/QH12 which is amended and supplemented under Law No.
64/2014/QH13 and Law No. 23/2018/QH14
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“dd) Heads of agencies enforcing civil judgements
under the control of the Ministry of Justice; Heads of agencies managing the
execution of judgements under the control of the Ministry of National
Defence.".
Article 3. Entry into force
This Law shall take effect as of January 1, 2022.
This Law is passed in the 10th
plenary session of the XIVth National Assembly of the Socialist
Republic of Vietnam held on November 13, 2020.
NATIONAL
ASSEMBLY’S CHAIRWOMAN
Nguyen Thi Kim Ngan