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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 violators, legitimate owners, custodians or users do not
come to claim them without any sound reasons, they shall be disposed of as
follows:
a) In case violators, legitimate
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 violators,
legitimate 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 violators, legitimate
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 violators, legitimate 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