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THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 03/2022/UBTVQH15
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Hanoi, December 13, 2022
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ORDINANCE
PROCEDURES FOR CONSIDERATION AND DECISION ON IMPOSITION OF
ADMINISTRATIVE PENALTIES AT THE PEOPLE’S COURTS
Pursuant to the
Constitution of the Socialist Republic of Vietnam;
Pursuant to the Law
No. 15/2012/QH13 on handling of administrative violations amended in Law No.
54/2014/QH13, Law No. 18/2017/QH14 and Law No. 67/2020/QH14:
The Standing Committee
of the National Assembly promulgates an Ordinance on procedures for
consideration and decision on imposition of administrative penalties at the
People’s Courts
Chapter I
GENERAL PROVISIONS
Article 1. Scope
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Article 2. Principles
of consideration and decision on imposition of administrative penalties
1. The consideration and decision on imposition of
administrative penalties shall comply with Clause 2, Article 3 of the Law on
handling of administrative violations. With regard to minors, the procedures
for consideration and decision shall be carried out in a quick and prompt
manner, ensure friendliness and conform to their psychology, gender, age,
maturity, cognitive ability and principles of handling specified in Clauses 1,
2, 4 and 5, Article 134 of the Law on handling of administrative violations.
2. The persons against whom administrative penalties are
proposed (hereinafter referred to as “offenders”) shall be entitled to
participate, present opinions before the Court and argue at the meeting in
accordance with regulations of this Ordinance.
3. The offenders shall be entitle to have their lawful rights
and interests protected.
The offenders who are
minors or their parents or guardians may protect themselves or invite lawyers
or other persons to protect their lawful rights and interests. The offenders
who are legally-aided persons may request legal aid-providing organizations to
protect their lawful rights and interests in accordance with regulations of the
Law on Legal Aid.
In case the offenders who
are minors have no defenders of their lawful rights and interests, the Courts
shall request legal aid-providing organizations to assign legal aid assistants,
lawyers according to regulations of Law on Legal Aid, or Bar associations to
assign lawyers ’ offices to appoint lawyers to protect their lawful rights and
interests.
4. The consideration and decision on imposition of
administrative penalties shall be made by one judge. In case of consideration
and decision on imposition of administrative penalties, the judge shall be
independent and abide by the law. Ensure the impartiality of persons who
conduct meetings about consideration and decision on imposition of
administrative penalties.
5. The spoken and written language used in the consideration
and decision on imposition of administrative penalties at Courts is Vietnamese.
The offenders or their lawful representatives may use the spoken and written
language of their own ethnicities. In this case, it is required to have
interpreters.
6. The consideration and decision on imposition of
administrative penalties shall ensure the right to two-tier review.
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1. Competence in consideration and decision on imposition
of administrative penalties of the People's Courts at district level
(hereinafter referred to as “the People's Courts of districts”):
a) Be the People's Court
of district where the headquarter of the agency of the person who proposes
imposition of administrative penalties is located (hereinafter referred to as
“proposer”), except for case specified at Point b of this Clause;
b) Be the People's Court
of district where the offender commits violations in case the proposer is the
head of district-level Police or the Director of the provincial Police
according to regulations of Clause 2 Article 99, Clause 1 Article 100, Clause 2
Article 101, Clause 1 Article 102 of Law on Handling of Administrative
Violations.
2. The People’s Courts of provinces shall have competence in
review of the complained, petitioned or protested decisions of the People’s
Courts of districts.
Article 4. Supervision
of consideration and decision on imposition of administrative penalties
1. The People's Procuracy shall supervise the legality of acts
and decisions of the People's Courts, agencies, organizations and individuals
on consideration and decision on imposition of administrative penalties
according to regulations of this Ordinance; exercise the right to request,
propose and protest in order to ensure prompt and lawful settlement.
2. The People’s Procuracy shall participate in meetings;
participate in the consideration of postponement, exemption from, reduction or
suspension of execution of decision on imposition of administrative penalties
in accordance with this Ordinance.
3. After receipt of notification of acceptance of case files
of the Court at the same level, the People’s Procuracy may study the case files
at the Court that have accepted such case files, make photocopies of such
case files.
Article 5. Responsibilities of individuals, agencies and organizations
for consideration and decision on imposition of administrative penalties
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2. Within the scope of their tasks and powers, individuals,
agencies and organizations shall cooperate with the Courts in consideration and
decision on imposition of administrative penalties upon requests of the Courts.
3. Legally effective decisions of the Courts must be executed
and respected by individuals, agencies and organizations. The relevant
individuals, agencies and organizations shall comply with decisions of the
Courts and take responsibility to the law for their compliance.
Article 6.
Responsibility for management of consideration and decision on imposition of
administrative penalties
Within the scope of its
functions, tasks and powers, the Supreme People’s Court of Vietnam shall manage
consideration and decision on imposition of administrative penalties of the
Courts, and have the following tasks and powers:
1. Take charge and cooperate in promulgation, proposal for
promulgation and submission to competent agencies for promulgation of legal
documents on procedures for consideration and decision on imposition of
administrative penalties;
2. Organize making of statistics, establish and manage the
database on consideration and decision on imposition of administrative
penalties;
3. Take charge and cooperate in provision of guidance,
training and refresher training in the implementation of the law on
consideration and decision on imposition of administrative penalties;
4. Inspect the observance of the law on handling of
administrative violations in consideration and decision on imposition of
administrative penalties of the Courts;
5. Send annual reports on consideration and decision on imposition
of administrative penalties of the Courts to the Ministry of Justice; direct
the People's Courts at all levels to report and provide information on
consideration and decision on imposition of administrative penalties as
prescribed in Clause 4, Article 17 of the Law on handling of administrative
violations.
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1. Expenses:
a) Expenses for
interpreters and translators;
b) Expenses for lawyers
and legal aid assistants who protect the lawful rights and interests of the
offenders;
c) Expense for assessment
and other expenses as prescribed in law.
2. Expenses for consideration and decision on imposition of
administrative penalties specified in Clause 1 of this Article shall comply
with the law on procedural expenses.
3. Responsibility for payment for expenses for consideration
and decision on imposition of administrative penalties:
a) Expenses specified at
Points a and b, Clause 1 of this Article: if the offenders who are minors,
their parents or guardians make self-requests, they shall make self-payment,
except for cases under other regulations of the law.
b) Expenses specified in
Clause 1 of this Article: if the Courts make requests, the Courts shall make
payment, except for cases specified in Point c of this Clause;
c) Expenses specified at
Point b, Clause 1 of this Article for legal aid assistants and lawyers assigned
by legal aid-providing organizations shall comply with regulations of the law
on legal aid.
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Chapter II
PROCEDURES FOR CONSIDERATION AND DECISION
ON IMPOSITION OF ADMINISTRATIVE PENALTIES
Article 8. Duration of
consideration and decision on imposition of administrative penalties
Within 15 days from the
date of acceptance of application for imposition of administrative penalties of
the Court (hereinafter referred to as “application”), the Court shall issue one
of the decisions prescribed at Point k, Clause 3, Article 21 of this Ordinance.
With regard to cases that requires inspection, assessment, consultation with
specialized agencies or other complicated cases, this duration may be
prolonged, but must not exceed 30 days.
Article 9. Receipt and
acceptance of application for imposition of administrative penalties
1. In case of receipt of an application, the court shall
record in the delivery-receipt book In case the application lacks documents
specified in Clause 2 of Article 100, Clause 2 of Article 102 or Clause 2 of
Article 104 of the Law on handling of administrative violations, within 02
working days, the Court shall return the application and clearly state the
reason.
2. Within one working day after the receipt of application,
the Court shall accept and assign a judge to consider and settle it.
Article 10. Assigning
judges to considerate and decide imposition of administrative penalties
1. Within the duration specified in Clause 2, Article 9 of
this Ordinance, the chief justice of the Court shall assign a judge to consider
and decide the imposition of administrative penalties. With regard to
consideration and decision on imposition of the sanction of sending the
violator to a reform school, the assigned judge shall have skill, experience in
handling of cases related to minors; or have necessary knowledge about
psychology and educational science for minors.
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3. If the assigned judge cannot continue to perform his/her
tasks or refuses consideration and decision, the chief justice of the Court
shall assign another judge to consider and decide imposition of administrative
penalties.
Article 11. Cases of
refusal or change of judges or clerks of meetings
1. They are relatives of the offenders.
2. They have already considered and decided the imposition of
administrative penalties in the same case.
3. They have already settled complaints, petitions or protests
against the decision on imposition of administrative penalties in that same
case.
4. There are clear grounds to believe that they may not be
impartial in the performance of their tasks.
Article 12.
Notification of acceptance of application
1. Within 02 working days from the date of acceptance of an
application, the Court shall notify in writing the acceptance to the proposer,
the offender, the lawful representative of the offender (if any), the parents
or guardian of the offender who is a minor and the Procuracy at the same level.
2. A written notification must contain the following main
contents:
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b) Name of the Court that
has accepted the application;
c) Number and date of
acceptance of the application;
d) Full name, position
and the name of agency of the proposer; full name of the authorized person (if
any);
dd) Full name, date of
birth, gender, place of residence, personal identification number, identity
card or citizen identity card (if any) of the offender;
e) Administrative
penalties proposed to be imposed.
Article 13. Inspection
of application for imposition of administrative penalties
1. The assigned judge shall inspect the application in terms
of the following contents:
a) Documents in the
application, as prescribed in Clause 2 of Article 100, Clause 2 of Article 102
or Clause 2 of Article 104 of the Law on Handling of Administrative Violations;
b) Limitation period for
imposition of administrative penalties as prescribed in Points b,c,d and dd,
Clause 2, Article 6 of the Law on Handling of Administrative Violations;
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2. In case, it is necessary to clarify the status of health
and psychology; living, learning and working conditions of the offender, the
judge may consult medical, psychological, educational and social experts, representative
of the agency or organization where the offender is working, representative of
the school where the offender is studying, representative of the commune-level
People's Committee, representative of the commune-level Vietnam Fatherland
Front Committee and member organizations of the Front where the offender is
residing and other agencies, organizations and individuals.
3. The judge shall request in writing the legal aid-providing
organization to assign legal aid assistants, lawyers, or Bar associations to
assign lawyers’ offices to appoint lawyers in case the offender is a minor
specified in Clause 3, Article 2 of this Ordinance.
4. Within 03 working days from the date of assignment,
according to the result of inspection of the application, the judge shall make
one of the following decisions:
a) Request
supplementation of documents;
b) Terminate or suspend
consideration and decision on imposition of administrative penalties;
c) Open a meeting to
consider and decide the imposition of administrative penalties.
Article 14. Right to
provide documents of the offenders
1. From the date of receipt of the notification of acceptance
of the application to the time the Court opens a meeting, at the meeting, the
offender who is minor or his/her parents or guardian, the lawful representative
of the offender (if any), the defender of the lawful rights and interests of
the offender shall have the right to provide documents for the Court that has
accepted the cases.
2. The documents may be provided by post, in person to the
Court, or via the Web Portal of the Court (if any).
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1. The judge shall request the proposer to supplement
documents in the following cases:
a) The application
contains unclear or contradictory documents that must be supplemented or
clarified;
b) There are violations
against regulations on procedures for compilation of application.
2. The written request shall clearly state the documents that
must be supplemented and the reason for the supplementation.
3. The duration of supplementation of documents is 02 working
days from the date of receipt of the request. With regard to a case that
requires examination, assessment and consultation with specialized agencies or
other complicated cases, the judge may decide the duration of supplementation
of documents which is no more than 05 working days. The requested person shall
submit additional documents to the Court. In case it is impossible to
supplement documents, he/she shall reply or explain in writing and clearly
state the reason.
4. Within 01 working day from the date of receipt of
additional documents or from the date of expiration of the duration specified
in Clause 3 of this Article, if the requested person fails to supplement
documents, the judge shall issue a decision on organization of the meeting
about consideration and decision on imposition of administrative penalties.
Article 16.
Termination or suspension of consideration and decision on imposition of administrative penalties
1. The judge shall decide consideration and decision on
imposition of administrative penalties when there is one of the following
grounds:
a) The limitation period
for imposition of administrative penalties specified in Points b, c, d and dd
Clause 2 Article 6 of the Law on Handling of Administrative Violations expires
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c) The offender is not
liable to the imposition of administrative penalties specified in Clauses 1, 2,
3 and 4 of Article 92, Clause 1 of Article 94 or Clause 1 of Article 96 of the
Law on Handling of Administrative Violations;
d) The offender falls
within the cases prescribed in Clause 5 of Article 92, Clause 2 of Article 94
or Clause 2 of Article 96 of the Law on Handling of Administrative Violations;
dd) The proposer withdraws
his/her proposal;
e) The offender has been
handed down a criminal judgment or decision by the Court, which has taken legal
effect for the acts proposed for imposition of administrative penalties;
g) The offender is
serving his/her prison sentence, is expected to serve his/her prison sentence
or death penalty under a legally effective judgment or decision of the Court;
h) The offender suffers a
dangerous disease with certification of the medical facility of the district or
higher level
2. The judge shall issue a decision on suspension of
consideration and decision on imposition of administrative penalties when there
is one of the following grounds:
a) The offender’
violation shows criminal signs and the Court shall transfer the application to
the authority given authority to institute criminal proceedings for
consideration or the offender is being prosecuted for penal liability for such
violation;
b) There are new facts
and details on the health or mental conditions of the offender, which request
the proposer to solicit judicial expertise;
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Article 17. Decision
on organization of meeting about consideration and decision on imposition of
administrative penalties
1. Within 07 working days
from the date of issuance the decision on organization of meeting, the
Court shall organize a meeting about consideration and decision on imposition
of administrative penalties.
2. A decision on organization of the meeting must contain the
following main contents:
a) Full name, date of
birth, gender, place of residence, personal identification number, identity
card or citizen identity card (if any) of the offender; full name, place of
residence of the lawful representative of the offender (if any);
b) Full name and place of
residence of the parents or guardian of the offender who is a minor;
c) Full name, position
and the name of agency of the proposer; full name of the authorized person (if
any);
d) Administrative penalties
proposed to be imposed.
dd) Date and location of
online or offline meeting;
e) Full names of the
judge and clerk at the meeting;
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h) Full name of the
interpreter (if any);
i) Full names of other
persons requested to participate in the meeting (if any).
3. At least 03 working days before organization of the
meeting, the decision on organization of the meeting shall be sent to the
persons specified in Points a, b, c, g, h and i, Clause 2 of this Article and
the Procuracy at the same level.
Article 18. Participants in a meeting
1. Persons who conduct a meeting include the judge and clerk.
2. Participants in the meeting include the proposer or the
authorized person; the procurator, the offender, his/her lawful representative
(if any), or the parents or guardian of the offender who is a minor; the
defender of the lawful rights and interests of the offender.
3. If necessary, the Court shall request the judicial expert,
the interpreter, the translator, medical, educational, psychological and social
specialists, a representative of the agency or organization where the offender
is working, a representative of the school where the offender is studying, a
representative of the commune-level People’s Committee, a representative of the
commune-level Vietnam Fatherland Front Committee and its member organizations
where the offender resides or other persons to participate in the meeting and
present their opinions to clarify related matters.
The commune-level child
protection workers shall participate in the meeting in the case specified
in Clause 3, Article 72 of the Law on Children.
Article 19. Rights and
obligations of participants
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2. Know, read, take notes, photocopy and see documents in the
application.
3. Provide documents, explain and present their opinions,
argue at the meeting in accordance with this Ordinance.
4. Receive decisions of the Court.
5. Make complaints, petitions, protests according to
regulations of this Ordinance.
6. Be present at the meeting upon the request of the Court.
7. Respect the Court, abide by the regulations of the meeting.
8. Abide by decisions of the Court which have taken legal
effect.
9. Other rights and obligations as prescribed by law.
Article 20.
Participation in meeting about consideration and decision on imposition of
administrative penalties
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2. If the offender or his/her lawful representative (if any),
the parents or guardian of the offender who is a minor, or the defender of the
lawful rights and interests of the offender are absent for the first time with
plausible reasons, the Court may adjourn the meeting; if they are absent
without plausible reasons; request permission for their absence or are absent
for the second time, the Court shall still conduct the meeting.
3. If the interpreter is absent who cannot be replaced
immediately by the Court, the meeting must be adjourned.
4. The duration of adjournment must not exceed 5 working days
after the date of notification of adjournment The Court shall notify the
adjournment to the participants prescribed in Clause 1 of this Article and
clearly state the reasons and the time for re-organization of the meeting. With
regard to persons absent at the meeting, right after adjournment of the meeting, the Court shall notify them in writing.
Article 21. Meeting
about consideration and decision on imposition of administrative penalties
1. A meeting about consideration and decision on imposition of
administrative penalties may be organized offline or online.
2. Before opening of a meeting, the clerk shall perform the
following tasks:
a) Inspect the presence
of persons requested by the Court to attend the meeting. In case anyone is
absent, clarify the reason and report it to the judge to consider whether to
continue, or adjourn the meeting;
b) Announce the internal
regulations of the meeting;
3. The procedures for meeting shall be conducted as follows:
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b) The judge explains the
rights and obligations of the participants. In case of request for change of
the judge or the clerk, the judge shall consider it. He/she shall adjourn the
meeting and report it to the Chief Justice of the Court for consideration and
decision in cases specified in Article 11 of this Ordinance. If the judge must
be changed, the meeting shall be adjourned. If
the clerk must be changed while another clerk is not available for replacement,
the meeting shall be adjourned. c) The adjournment of meeting shall comply with
regulations of Clause 4, Article 20 of this Ordinance.
c) The proposer or the
authorized person presents the contents of the proposal;
d) The offender or
his/her lawful representative (if any), the parents or guardian of the offender
who is a minor presents their opinions on the contents of the proposal;
dd) The proposer or the
authorized person; the offender, the legal representative of the offender (if
any); the parents or guardian of the offender who is a minor; the defender of
the lawful rights and interests of the offender present their opinions about
the grounds for imposition of administrative penalties or community-based
educational measures to replace sanction of sending the violator to a reform
school; the personal status of the offender; aggravating and extenuating
circumstances; educational forms and measures that have been already applied;
propose or do not propose imposition of administrative penalties; the duration
of imposition of administrative penalties or implementation of community-based
educational measures;
e) The judicial expert,
medical, educational, psychological and social specialists, a representative of
the agency or organization where the offender is working, a representative of
the school where the offender is studying, a representative of the
commune-level People’s Committee, a representative of the commune-level Vietnam
Fatherland Front Committee and its member organizations where the offender
resides or other participants present their opinions to clarify related
matters. The commune-level child protection workers who participate in the
meeting present their opinions about protection of children;
g) The judge asks the
proposer or the authorized person; the offender, his/her lawful representative
(if any), or the parents or guardian of the offender who is a minor and other
participants to clarify related matters;
h) The offender, his/her
lawful representative (if any), or the parents or guardian of the offender who
is a minor; the defender of the lawful rights and interests of the offender
argues related matters with the proposer or the authorized person. The argument
shall be conducted under the direction of the judge. The participants in
argument have the right to respond to opinions of others. The judge who
conducts the meeting shall not limit the time for discussion, create conditions
for them to argue and present all their opinions; have the right to request the
cessation of opinions irrelevant to case or repeated opinions;
i) The procurator
presents his/her opinions about the legality of acts and decisions of the
People's Courts, agencies, organizations and individuals on consideration and
decision on imposition of administrative penalties according to regulations of
this Ordinance;
k) The judge decides
imposition of administrative penalties or failure to impose administrative
penalties; termination or suspension of consideration and decision on
imposition of administrative penalties in cases prescribed in Article 16 of
this Ordinance and declares contents of the decision at the meeting.
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4. The meeting about consideration and decision on imposition
of the sanction of sending the violator to a reform school, apart from
compliance with regulations of Clauses 1, 2 and 3 of this Article, shall be
held in a friendly manner, ensure the lawful rights and interests of the
offender and the best interests of the offender. The meeting rooms shall be
arranged in a friendly and safe manner. The judge assigned to conduct the
meeting shall wear the uniform according to regulation of the Court. The
parents or guardian, lawful representative of the offender (if any) shall
support the offender at the meeting. The questioning of the offender shall be
appropriate to his/her psychology, age, cognitive development, educational
level and understanding. The questions shall be short, simple and easy to
understand. The judge shall not ask many questions at once.
Article 22. Minutes of
meeting
The minutes of meeting
about consideration and decision on imposition of administrative penalties
shall clearly specify the date and location of the meeting; participants in the
meeting; contents and developments of the meeting and decision of the judge.
After the conclusion of
the meeting, the judge shall examine the minutes and sign it together with the
clerk
The procurator, the
offender or his/her lawful representative (if any), the parents or guardian of
the offender who is a minor, the defender of the lawful rights and interests of
the offender, the proposer or the authorized person may read the minutes,
request recording of modifications and supplements in the minutes and sign for
certification.
Article 23. Contents
of decision on imposition or failure to impose administrative penalties and other decisions
The decisions specified
at Point k, Clause 3, Article 21 of this Ordinance shall contain the following
contents:
1. Number and date of issuance;
2. Name of the decision-issuing court;
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4. Full name of the procurator who participates in the
meeting;
5. Full name, position and the name of agency of the proposer;
full name of the authorized person (if any);
6. Full name, date of birth, gender, place of residence,
personal identification number, identity card or citizen identity card (if
any), place of residence, occupation, education level of the offender; full
name, place of residence of the lawful representative of the offender (if any);
the defender of the lawful rights and interests of the offender;
7. Administrative penalties proposed to be imposed;
8. Reasons and grounds for the decision;
9. Decision of the Judge on imposition or failure to impose
administrative penalties; implementation of community-based education
measures; termination or suspension of consideration and decision on imposition
of administrative penalties.
In case of decision on
imposition of administrative penalties, the imposed penalties and the duration
of imposition after deduction of the duration of management of the offender at
the center or establishment receiving social evils or compulsory rehabilitation
center of province (if any) shall be clearly stated; in case of decision on
implementation of community-based education measures, the duration of
implementation shall be clearly stated and the failure to impose the sanction
of sending the violator to reform school shall be clearly stated;
10. Responsibilities of individuals, agencies and organizations
that execute the decision;
11. Right to make complaints, petitions, protests against the
decision;
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13. Decision recipients.
Article 24. Effect of
decisions of the Court.
1. Decisions on imposition or failure to impose administrative
penalties, implementation of community-based education measures, termination or
suspension of consideration and decision on imposition of administrative
penalties take effect from the date on which the time limit for complaints,
petitions or protests specified in Article 32 of this Ordinance expires without
complaints, petitions or protests.
2. The decisions of Court specified in this Chapter, except
for the decisions prescribed in Clause 1 of this Article, take effect on the
date of their issuance.
Article 25. Submission
of decisions of the Court.
1. Within 02 working days from the date of declaration or
issuance of the decisions on imposition or failure to impose administrative
penalties, implementation of community-based education measures, termination or
suspension of consideration and decision on imposition of administrative
penalties, the Court shall send the decisions to the persons prescribed Clauses
1, 2 and 4 of Article 31 of this Ordinance.
2. The submission of the decision on imposition of
administrative penalties which is legally effective shall comply with
regulations of Article 107 of the Law on Handling of Administrative Violations.
The submission of the
decision on implementation of community-based education measures which is
legally effective shall comply with regulations of Clause 4 Article 140a of the
Law on Handling of Administrative Violations.
Article 26. Management
of dossiers on consideration and decision on imposition of administrative
penalties
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Chapter III
PROCEDURES FOR CONSIDERATION AND DECISION
ON POSTPONEMENT OR EXEMPTION FROM SERVING; REDUCTION IN DURATION, SUSPENSION OR
EXEMPTION FROM SERVING THE REMAINING DURATION OF IMPOSITION OF ADMINISTRATIVE
PENALTIES
Article 27. Receipt
and acceptance of application for postponement or exemption from imposition of
administrative penalties
1. In case of one of the grounds specified in Clauses 1 and
2, Article 111 of the Law on Handling of Administrative Violations, the person
against whom administrative penalties are imposed or his/her lawful
representative shall be entitled to submit application for postponement or
exemption from execution of such decision.
The application form and
enclosed documents may be submitted in person (at the Court where the decision
on imposition of administrative penalties is issued), by post or online via the
Web Portal of the Court (if any).
2. Within 02 working days from the date of receipt of the
application form and enclosed documents, the Court must accept and assign a
judge to consider and settle it and at the same time notify in writing the
person who submitted the petition for or the person who has requested
imposition of administrative penalties and the Procuracy at the same level.
3. Within 03 working days from the date of assignment, the
judge shall consider and issue a decision. If necessary, the Court shall
request the Procuracy at the same level, the person who has requested
imposition of administrative penalties to give written opinions before issuance
of the decision.
4. After consideration of the application form, opinions of
agencies, organizations and individuals and enclosed documents, the judge shall
issue one of the following decisions:
a) Decision on
postponement or exemption from execution of the decision on imposition of
administrative penalties;
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5. Decision on postponement or exemption from execution of the
decision on imposition of administrative penalties contains the following main
contents:
a) Number and date of issuance;
b) Name of the
decision-issuing court;
c) Full name of the
judge;
d) Full name of the
petitioner;
dd) Full name, position
and the name of agency of the proposer;
e) Full name, date of
birth, gender, place of residence, personal identification number, identity
card or citizen identity card (if any), place of residence, occupation,
education level of the person against whom administrative penalties are
imposed; full name, place of residence of his/her lawful representative (if
any);
g) Reasons and grounds
for the decision;
h) Decision of the judge
on permission for postponement or exemption from execution of the decision on
imposition of administrative penalties;
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h) Right to make
complaints, petitions, protests against the decision;
l) Effect of the
decision;
m) Decision recipients.
6. Decision on postponement or exemption from execution of the
decision on imposition of administrative penalties takes effect from the date
on which the time limit for complaints, petitions or protests specified in
Article 32 of this Ordinance expires without complaints, petitions or protests.
The decision shall be sent to the person specified in Clause 3, Article 111 of
the Law on Handling of Administrative Violations, the person who proposes
imposition of administrative penalties, the Procuracy at the same level and the
People's Committee of commune where the person against whom administrative
penalties are imposed is residing within 02 working days from the date of
issuance of the decision.
Article 28. Reduction in duration, suspension or exemption from
serving the remaining duration of imposition of administrative penalties
1. If a person who is currently incurring an administrative
penalty falls into a case specified in Clause 1 or 2, Article 112 of the Law on
Handling of Administrative Violations, he/she is entitled to reduction in
duration, suspension or exemption from serving the remaining duration of
imposition of administrative penalties under consideration of the Court
according to the proposal of the principal of the reform school or the director
of compulsory educational establishment or compulsory rehabilitation center.
2. The principal of the reform school, the director of
compulsory education establishment or compulsory rehabilitation establishment
shall send written proposal to the Court at the area where the headquarter of
the reform school, the compulsory education establishment or the compulsory
rehabilitation center is located, together with a copy of the decision on
imposition of administrative penalties, documents proving that the person who
is incurring administrative penalty falls into one of the cases prescribed in
Clauses 1 and 2 of Article 112 of the Law on Handling of Administrative
Violations and other relevant documents (if any).
3. Within 02 working days from the date of receipt of
application for reduction in duration, suspension or exemption from serving the
remaining duration of imposition of administrative penalties, the Court must
accept and assign a judge to consider and settle it and at the same time notify
in writing the petitioner and the Procuracy at the same level.
Within 03 working days
from the date of assignment, the judge shall consider and issue a decision. If
necessary, the Procuracy at the same level and the petitioner may give written
opinions before the Court issues the decision.
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a) Approval for all or a
part of proposal for reduction in duration; approval for proposal for
suspension or exemption from serving the remaining duration of imposition of
administrative penalties;
b) Disapproval for
proposal for reduction in duration, suspension or exemption from serving the
remaining duration of imposition of administrative penalties.
5. Decision on reduction in duration, suspension or exemption
from serving the remaining duration of imposition of administrative penalties
contains the following main contents:
a) Number and date of
issuance;
b) Name of the
decision-issuing court;
c) Full name of the
judge;
d) Full name and title of
the petitioner specified in Clause 2 of this Article:
dd) Full name, date of
birth, gender, place of residence, personal identification number, identity
card or citizen identity card (if any), place of residence, occupation,
education level of the person who is executing the decision on imposition of
administrative penalties;
e) Reasons and grounds
for the decision;
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h) Responsibilities of
individuals, agencies and organizations that execute the decision;
i) Right to make
complaints, petitions, protests against the decision;
k) Effect of the
decision;
l) Decision recipients.
6. Decision on reduction in duration, suspension or exemption
from serving the remaining duration of imposition of administrative penalties
takes effect from the date on which the time limit for complaints, petitions or
protests specified in Article 32 of this Ordinance expires without complaints,
petitions or protests. The decision shall be sent to the person specified in
Clause 3, Article 112 of the Law on Handling of Administrative Violations and
the Procuracy at the same level within 02 working days from the date of
issuance of the decision.
Article 29. Cancellation of decision on postponement or
suspension of execution of the decision on imposition of administrative
penalties
1. In case the conditions for postponement of execution of the
decision on imposition of administrative penalties no longer exist or the
person who is entitled to postponement or suspension falls into one of the
cases prescribed in Clause 2, Article 113 of the Law on Handling of
Administrative Violations, the People’s Committee of commune where the person
who is entitled to postponement or suspension of execution of the decision on
imposition of administrative penalties shall send a written notification to the
Court that has issued the decision.
2. Within 03 working days from the date of receipt of a
written notification of the People’s Committee of commune, the chief justice of
the Court that has issued the decision on postponement or suspension shall
assign the judge to consider and settle it. Within 02 working days from the
date of assignment, the judge shall consider and decide cancellation of
decision on postponement or suspension and compel the person who is entitled to
postponement or suspension of execution of the decision on imposition of
administrative penalties
3. Decision on compulsion to execute the decision on
imposition of administrative penalties contains the following main contents:
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b) Name of the
decision-issuing Court;
c) Full name of the
judge;
d) Full name, date of
birth, gender, place of residence, personal identification number, identity
card or citizen identity card (if any), place of residence, occupation,
education level of the person who is entitled to postponement or suspension of
execution of the decision on imposition of administrative penalties;
dd) Reasons and grounds
for the decision;
e) Decision of the judge
on cancellation of decision on postponement or suspension of execution and
compulsion on the person who is entitled to postponement or suspension to
execute the decision on imposition of administrative penalties;
g) Responsibilities of
individuals, agencies and organizations that execute the decision;
h) Right to make
complaints, petitions, protests against the decision;
i) Effect of the
decision;
k) Decision recipients.
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Chapter IV
COMPLAINTS, PETITIONS OR PROTESTS AGAINST
IMPOSITION OF ADMINISTRATIVE PENALTIES, AND SETTLEMENT THEROF
Section 1. COMPLAINTS,
PETITIONS OR PROTESTS AGAINST DECISIONS OF THE COURTS ON IMPOSITION OF
ADMINISTRATIVE PENALTIES AND SETTLEMENT THEROF
Article 30. Decisions
of the Court which can be complained about, petitioned or protested against
1. Decision on imposition of administrative penalties;
decision on failure to imposition of administrative penalties; decision on
community-based education sentence;
2. Decision on termination or suspension of consideration and
decision on imposition of administrative penalties.
3. Decision on postponement or exemption from execution of the
decision on imposition of administrative penalties.
4. Decision on reduction in duration, suspension or exemption
from serving the remaining duration of imposition of administrative penalties.
5. Decision on compulsion to execute the decision on
imposition of administrative penalties.
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1. The offender or his/her lawful representative, the parents
or guardian of the offender who is a minor has the right to complain about the
decisions of the Court specified in Article 30 of this Ordinance
2. The proposer has the right to petition the decisions of the
Court specified in Clauses 1, 2 and 3, Article 30 of this Ordinance when he/she
has grounds to believe that such decisions are illegal.
3. The petitioner who has a written proposal for reduction in
duration, suspension or exemption from serving the remaining duration of
imposition of administrative penalties has the right to petition the decision
of the Court specified in Clause 4, Article 30 of this Ordinance when he/she
has grounds to believe that such decision is illegal.
4. The Procuracy at the same level has the right to protest
against the decisions of the Court specified in Article 30 of this
Ordinance when this agency has grounds to believe that such decisions are
illegal.
Article 32. Time limit for complaint
about, petition or protest against decisions of the Court
1. The time limit for complaint is 05 working days from the
date on which the Court issues the decisions; If the complainant is absent from
the meeting or the Court fails to organize the meeting and issue a decision
which this Ordinance elaborates that he/she is entitled to complain about, the
time limit for complaint is 05 working days from the date on which the
complainant receives the decision of the Court.
If the complainants
cannot exercise their right to complaint within the above time limit due to
force majeure events or objective obstacles, the duration of occurrence of such
force majeure events or objective obstacles shall not be included in the time
limit for complaint.
2. The time limit for complaint, petition is 05 working days
from the date on which the Court issues the decisions; If the Court issues a
decision without opening a meeting while this Ordinance allows petition or
protest against such decision, the time limit for petition or protest is 05 working
days from the date on which the person who has the right to petition or protest
receive the decisions of the Court.
Article 33. Procedure
for complaint about, petition or protest against decisions of the Court
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2. The petitioner and the Procuracy at the same level shall
send a written petition or protest which clearly states reasons, grounds for
petition or protest to the Court that has issued the decision.
Article 34. Procedure
for settlement of complaint about, petition or protest against decisions of the
Court
1. Within 02 working days from the date of receipt of written
complaint, petition or protest, the Court of district that has issued the
decisions subject to complaint, petition or protest shall send the written
form, petition or protest enclosed with documents to the competent Court of
province to consider and settle; at the same time, notify in writing of
complaint, petition and protest to relevant individuals, agencies and the
Procuracy at the same level.
2. Within 02 working days from the date of receipt of written
complaint, petition or protest enclosed with documents, the competent Court of
province shall accept and assign a judge to consider and settle it, at the same
time notify in writing the complainant, the petitioner and the Procuracy at the
same level.
3. Within 05 working days from the date of assignment, the
judge shall organize a meeting to consider and settle. At least 03 working days
before organization of the meeting, the Court shall notify in writing
organization of the meeting to the persons specified in Clause 4 of this
Article.
4. The participants of the meeting include:
a) A offender or his/her
lawful representative (if any), a complainant; a defender of the lawful rights
and interests of the offender;
b) A proposer or an
authorized person;
c) Procurators of the
Procuracy at the same level;
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5. If the complainant is absent for the first time with
plausible reasons, the Court shall adjourn the meeting; if he/she is absent
without plausible reasons; requests permission for his/her absence or is absent
for the second time, the Court shall still conduct the meeting. In case one of
the persons specified at Points b and c, Clause 4 of this Article is absent,
the Court shall adjourn the meeting. The adjournment of meeting shall comply
with regulations of Clause 4, Article 20 of this Ordinance.
6. If the complainant withdraws his/her complaint, the
petitioner withdraws his/her petition or the Procuracy withdraws its protest,
the Court shall issue a decision on termination of consideration of the complaint,
petition or protest. In this case, the complained, petitioned or protested
decision takes effect from the date on which the Court issues the decision on
termination.
Article 35. Meeting
about consideration and settlement of complaint about, petition or protest
against decisions of the Court
1. The regulations of Clauses 1 and 4, Article 21 of this
Ordinance shall be adopted at meeting about consideration and settlement of
complaint about, petition or protest against decisions of the Court
2. Before organization of the meeting, the clerk shall perform
the following tasks:
a) Inspect the presence
of persons requested by the Court to attend the meeting. In case anyone is
absent, clarify the reason and report it to the judge to consider whether to
continue, or adjourn the meeting;
b) Announce the internal
regulations of the meeting;
3. The procedures for meeting are conducted as follows:
a) The judge announces to
open the meeting;
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c) The complainant
presents the complaint; the petitioner or the authorized person presents the
petition; the procurator presents the protest;
d) The offender or
his/her lawful representative (if any) presents his/her opinions on petition or
protest; the proposer or the authorized person presents his/her opinions on
complaint or protest;
dd) The judicial expert,
medical, educational, psychological and social specialists, a representative of
the agency or organization where the offender is working, a representative of
the school where the offender is studying, a representative of the
commune-level People’s Committee, a representative of the commune-level Vietnam
Fatherland Front Committee and its member organizations where the offender resides
or other participants present their opinions to clarify related matters. The
commune-level child protection workers who participate in the meeting
present their opinions about protection of children;
e) In case the Procuracy
make a protest, the judge asks the complainant, petitioner, procurator and
other participants to clarify issues related to complaint, petition or protest;
g) The offender or
his/her lawful representative (if any) argues relevant issues with the
petitioner, the procurator in case the Procuracy makes a protest. The defender
of the lawful rights and interests of the offender argues in order to protect
the lawful rights and interests of the offender. The argument shall be
conducted under the direction of the judge. The participants in argument have
the right to respond to opinions of others. The judge who conducts the meeting
shall not limit the time for argument, create conditions for them to argue and
present all their opinions; have the right to request the cessation of opinions
irrelevant to case or repeated opinions;
h) The procurator
presents his/her opinions about the legality of acts and decisions of the
Court, agencies, organizations and individuals on consideration of complaint,
petition or protest according to regulations of this Ordinance;
4. The judge shall declare one of the decisions under his/her
competence specified in Article 36 of this Ordinance.
Article 36. Competence
of the judge in settling complaint about, petition or protest against decision
of the People's Court of district
1. Reject complaint about, petition or protest; uphold
decisions of the People's Court of district
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3. Accept complaint about, petition or protest; amend the
decisions of the People's Court of district on imposition of the sanction of
sending the violators to reform schools; community-based education sentence.
4. Accept complaint about, petition or protest; cancel the
decision of the People's Court of district on community-based education
sentence; return the application to the People's Court of district for
consideration and settlement in accordance with this Ordinance.
5. Cancel the decision on failure to impose administrative
penalties; return the application to the People's Court of district for
consideration and settlement in accordance with this Ordinance.
6. Cancel the decision of the People's Court of district and
terminate the consideration and imposition of administrative penalties when
there is one of grounds specified in Clause 1, Article 16 of this Ordinance.
7. Cancel the decision on termination or suspension of
consideration and imposition of administrative penalties when there are no
grounds specified in Article 16 of this Ordinance; return the application
to the People's Court of district for consideration and settlement in
accordance with this Ordinance.
8. Cancel the decision on postponement or exemption from
execution of the decision on imposition of administrative penalties of the
People’s Court of district and compel to incur administrative penalties when there
are no grounds specified in Article 111 of the Law on Handling of
Administrative Violations.
9. Cancel the decision on non-acceptance of postponement or
exemption from execution of the decision on imposition of administrative
penalties of the People’s Court of district and accept the proposal for
postponement or exemption from execution of the decision on imposition of
administrative penalties when there are grounds specified in Article 111 of the
Law on Handling of Administrative Violations.
10. Cancel the decision on reduction in duration, suspension or
exemption from serving the remaining duration of imposition of administrative
penalties of the People’s Court of district when there are no grounds for such
decision specified in Article 112 of the Law on Handling of Administrative
Violations and Article 28 of this Ordinance.
11. Cancel the decision on non-acceptance of proposal for
reduction in duration, suspension or exemption from serving the remaining
duration of imposition of administrative penalties of the People’s Court of
district and the decision on reduction in duration, suspension or exemption
from serving the remaining duration of imposition of administrative penalties
when there are grounds specified in Article 112 of the Law on Handling of
Administrative Violations and Article 28 of this Ordinance.
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13. Terminate settlement of complaints, petitions or protests
when the complainants, petitioning agencies or the protesting procuracies
withdraw the whole of their complaints, petitions or protests. In this case,
the decisions of the People’s Court of district shall take effect.
Article 37. Contents and effect of decision on settlement of
complaint about, petition or protest
1. A decision on settlement of complaint about, petition or
protest includes the following contents:
a) Number and date of
issuance;
b) Name of the
decision-issuing court;
c) Full names of the
judge and clerk at the meeting;
d) Full name of the
procurator who participates in the meeting;
dd) Full name of the
offender, the complainant; full name, title, name of the agency of the
proposer, full name of the authorized person (if any); name of the protesting
Procuracy;
e) Contents of complaint
about, petition or protest;
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h) Responsibilities of
individuals, agencies and organizations that execute the decision;
i) Effect of the
decision;
k) Decision recipients.
2. Decision on settlement of complaint about, petition or
protest take effect immediately.
Within 02 working days
from the date of declaration of the decision, the Court shall send the decision
to the persons specified in Clause 2, Article 25 of this Ordinance, the
Procuracy at the same level, the Procuracy that has protested, the petitioner
and the Court that has issued the decision subject to complaint, petition or
protest.
3. Decision on settlement of complaints, petitions or
protests and the materials and documents collected or issued by the Court in
the process of consideration and settlement of the complaints, petitions or
protests shall be numbered and archived in accordance with law.
Section 2. COMPLAINTS,
SETTLEMENT OF COMPLAINTS ABOUT ACTS OF COMPETENT PERSONS OF THE COURT IN
IMPOSITION OF ADMINISTRATIVE PENALTIES
Article 38. Acts that can be complained about in consideration and
decision on imposition of administrative penalties
Individuals, agencies and
organizations have the right to complain about acts of the Chief Justice, judge
or clerk of the Court in the delivery and receipt of dossiers, acceptance of
cases for settlement, assignment of judge, request for supplementation of
documents and evidence, submission of notification, decisions of the Court,
organization of meeting, participants in meeting, duration of settlement and
other acts in consideration and decision on imposition of administrative
penalties when they have grounds to believe that such acts are illegal or
infringe upon their lawful rights and interests.
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1. A complainant has the following rights:
a) Lodge complaints on
his/her/its own or through a lawful representative;
b) Lodge complaints at
any stage of the process of consideration and decision on imposition of
administrative penalties;
c) Withdraw his/her/its
complaints at any stage of the process of settlement of complaints;
d) Receive written
replies on acceptance of complaints for settlement, receive decisions on
settlement of complaints;
dd) Be restored
his/her/its lawful rights and interests which have been infringed upon. Be
compensated for damage in accordance with law.
2. A complainant has the following obligations:
a) Lodge his/her/its
complaints with proper persons with settlement competence;
b) Honestly present the
matters, provide information and documents to the complaint-settling person;
take responsibility to the law for the contents and provision of such
information and documents;
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Article 40. Rights and
obligations of complained persons
1. A complained person has the following rights:
a) Provide evidence of
the legality of the complained acts;
b) Receive the decision
on settlement of complaint about the complained acts.
2. A complained person has the following obligations:
a) Explain the complained
act; provide relevant information and documents when competent persons make
requests;
b) Abide by decisions on
settlement of complaints which are legally effective;
c) Compensate for damage,
remedy consequences of his/her illegal acts in accordance with the law.
Article 41. Time limit
for complaint
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If the complainants
cannot exercise their right to complaint within the time limit specified in
this Article due to force majeure events or objective obstacles, the duration
of occurrence of such force majeure events or objective obstacles shall not be
included in the time limit for complaint.
Article 42. Competence
and time limit for settlement of complaints
1. Complaints about acts of the judge or clerk of the People’s
Court of district shall be settled by the chief justice of the People’s Court
of district within 03 working days from the date of the receipt of complaints;
in case of disagreement with the result of settlement, within 03 working days
from the date of receipt of the decision on settlement of complaints of the
chief justice of the People’s Court of district, the complainant may lodge a
complaint with the People’s Court of province. Within 05 working days from the
date of receipt of the complaint, the chief justice of the People’s Court of
province shall consider and settle it. The decision of the chief justice of the
People’s Court is final decision.
Complaints about acts of
the chief justice of the People's Court of district shall be settled by the
chief justice of the People's Court of province within 05 working days from the
date of receipt of complaints. The decision of the chief justice of the
People’s Court of province is final decision.
2. Complaints about acts of the judge or clerk of the People's
Court of province shall be settled by the chief justice of the People's Court
of province Within 03 working days from the date of receipt of the complaint,
the chief justice of the Court of province shall consider and settle it. The
decision of the chief justice of the People’s Court of province is final
decision.
3. Complaints about acts of the chief justice of the People's
Court of district shall be considered and settled by the chief justice of the
Supreme People's Court under the territorial jurisdiction within 05 working
days from the date of receipt of complaints. The decision of the chief justice
of the Supreme People's Court is final decision.
4. Within 02 working days from the date of issuance of the
decision on settlement of complaints, the Court shall send it to the complainant
and the Procuracy at the same level.
Chapter V
IMPLEMENTATION PROVISIONS
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1. This Ordinance comes into force as of February, 01 2023.
2. The Ordinance on procedures for consideration and decision
on imposition of administrative penalties at the People's Court No.
09/2014/UBTVQH13 of the Standing Committee of National Assembly expires from
the effective date of this Ordinance, except for cases specified in Article 44
of this Ordinance.
Article 44.
Transitional clauses
1. With regard to cases that have been accepted and settled by
the People's Court of district according to the regulations of Ordinance No.
09/2014/UBTVQH13 but have not been completed by February 01, 2023, the
regulations of Ordinance No. 09/2014/UBTVQH13 shall be applied for
consideration and settlement until the end of cases. However, with regard to
the following contents, the regulations of this Ordinance shall be applied:
a) Regulations on
assurance about friendly procedures for minors in Clauses 1 and 3 of Article 2,
Clause 1 of Article 10, Clauses 2 and 3 of Article 13, Clause 3 of Article 18,
Point e of Clause 3 and Clause 4 of Article 21, Point d Clause 4 Article 34,
Clause 1 and Point dd Clause 3 Article 35 of this Ordinance;
b) Termination of consideration
and decision on imposition of administrative penalties specified in point h,
Clause 1, Article 16 of this Ordinance;
c) Implementation of
community-based education measures;
d) Other regulations of
this Ordinance which are beneficial to the offender.
2. With regard to cases that have been settled by the People's
Court of district according to the regulations of Ordinance No.
09/2014/UBTVQH13 with complaints, petitions and protests from February 01,
2023, the People's Court of province shall settle according to Ordinance No.
09/2014/UBTVQH13. In case of contents specified at Points a, b, c and d, Clause
1 of this Article, the regulations of this Ordinance shall be applied.
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ON BEHALF OF THE STANDING COMMITTEE OF THE NATIONAL
ASSEMBLY
CHAIRMAN
Vuong Dinh Hue