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THE OFFICE OF THE NATIONAL ASSEMBLY
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 20/VBHN-VPQH
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Hanoi, December 29, 2022
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LAW
HANDLING ADMINISTRATIVE VIOLATIONS
Law on Handling
Administrative Violations No. 15/2012/QH13 dated June 20, 2012 of the National
Assembly, which has been effective since July 01, 2013, is amended by:
1. Law on Customs No.
54/2014/QH13 dated June, 23 2014 of the National Assembly, which has been
effective since January 01, 2015;
2. Law on Fishery No.
18/2017/QH14 dated November, 21 2017 of the National Assembly, which has been
effective since January 01, 2019;
3. Law No. 67/2020/QH14
dated November 13, 2020 of the National Assembly on amendments to some Articles
of Law on Handling Administrative Violations, which has been effective since
January 01, 2022;
4. Law No. 09/2022/QH15
dated November 09, 2022 of the National Assembly on amendments to some Articles
of the Law on Radio Frequencies, which comes into force from July 01, 2023.
5. Law on Inspection No.
11/2022/QH15 dated November, 14 2022 of the National Assembly, which has been
effective since July 01, 2023.
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The National Assembly
promulgates Law on Handling Administrative Violations [1].
Part One
GENERAL PROVISIONS
Article 1. Scope
This Law
elaborates administrative penalties and administrative handling measures.
Article 2. Definitions
For the purposes of this
Law, the terms below are construed as follows:
1. “Administrative
violation” refers to an act performed through an organization or
individual’s fault against regulations of law on state management. However,
this act is not treated as a crime and as required by law, such organization or
individual shall incur an administrative penalty.
2. “Imposition of an
administrative penalty” refers to an act that a competent person imposes an
administrative penalty or remedial measure on an organization or individual committing
administrative violation(s) according to regulations of law on handling
administrative violations.
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4. “Alternative to an
administrative handling measure” refers to an educational measure that is
imposed to replace an administrative penalty or an administrative handling
measure against a minor who commits administrative violation, including
reprimand, community-based education [2] and home-based management.
5. [3] “Recidivism” refers
to an act of repeating a violation by an individual or organization against
which an administrative penalty decision has been imposed before the period of
being considered that such decision is not enforced yet expires; an act of
repeating a violation by an individual against which an administrative handling
measure has been imposed before the period of being considered that such
measure is not enforced yet expires.”.
6.
“Commission of administrative violation(s) in multiple times” refers
to a case where an individual or organization commits administrative
violation(s) which he/she/it has previously committed without incurring any
administrative penalty and within the limitation period for handling
7. “Committing
administrative violations in an organized manner” refers to a case that an
organization or individual colludes with other organizations or individuals to
commit administrative violations.
8. “License or
practicing certificate” refers to a document granted by a state agency or a
competent person to an individual or organization according to regulations of
law so that such individual or organization can carry out business or
operation, practice or use equipment or means. Licenses or practicing
certificates do not include business registration certificates, certificates
attached to the personal status of licensees without the purpose of practicing
permission.
9. “Dwelling place” refers
to a dwelling house, means or another house that a citizen resides. The
dwelling place shall belong to the ownership of citizen or be leased, lent or
let for free-of-charge stay by an agency, organization or individual according
to regulations of law.
10. “Organization” refers
to a state agency, political organization, political - social organization,
political – social professional organization, social organization, professional
social organization, economic organization, people’s armed force or another
organization that is established according to regulations of law.
11. “Urgent situation"
refers to a situation that an individual or organization wishes to avoid a real
danger which directly threatens interests of the State or such organization,
its/his/her legitimate rights and interests or legitimate rights and interests
of others but has no other choice but to cause less damage than the loss to be
prevented.
12. “Justifiable force in self-defense” refers to a person's
use of force which is reasonably necessary to defend against another person's
infringement upon his/her legitimate rights or interests, rights or interests
of other persons, the State or organization.
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14. “Force majeure
event” refers to an event that occurs objectively and cannot be
foreseen and recovered although all necessary and reasonable measures have been
taken.
15. “Person incapable of fulfilling administrative
liability” refers to a person who commits administrative violation
while being incapable of cognizing or controlling his/her acts due to mental
disease or other ailments.
16. “Drug addict"
refers to a person who uses drugs, habit-forming drugs, or psychotropic
drugs and is dependent on these drugs.
17. Legal
representatives include parents or guardian, lawyer and legal
assistants.
Article 3. Rules for handling administrative violations
1. Rules for handling
administrative violations:
a) All administrative
violations shall be detected, promptly prevented and handled strictly and
clearly, and all consequences caused by such administrative violations shall be
resolved according to regulations of law;
b) Administrative
penalties shall be imposed in a fast, public, objective and fair manner, under
proper competence in accordance to regulations of law.
c) Administrative
penalties shall be imposed according to nature, seriousness, consequences of
violations, violators and extenuating and aggravating circumstances;
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The penalty for an
administrative violation shall be imposed once only.
If multiple persons
commit an administrative violation, each of them shall incur the administrative
penalty for such violation.
If a person commits
multiple administrative violations or commits administrative violation(s) in
multiple times, he/she shall incur the administrative penalty for each
violation, except when the act of committing administrative violation(s) in
multiple times is regulated as an aggravating circumstance by the Government;”.
dd) Persons who have
authority to impose administrative penalties shall be responsible for proving
administrative violations. Individuals or organizations that incur administrative
penalties can self-prove or be proved by their legal representatives that they
do not commit administrative violations;
e) The fine incurred by
an organization is twice as much as the fined incurred by an individual for the
same violation.
2.
Rules for imposing administrative handling
measures:
a) An individual shall be
subject to an administrative handling measure if he/she is one of the persons
prescribed in Articles 90, 92, 94 and 96 of this Law;
b) The imposition of
administrative handling measures shall comply with regulations in point b,
Clause 1 of this Article;
c) Decision on the time
limit for imposition of administrative handling measures shall be based on
nature, seriousness, consequences of violations, the personal identification of
violators and extenuating as well as aggravating circumstances;
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Article 4. Authority
to regulate imposition of administrative penalties and regimes for imposition
of administrative handling measures [5]
1. Pursuant to
regulations of this Law, the Government issues the following regulations:
a) Administrative
violations; administrative violations that have ended and administrative
violations in progress; administrative penalties, fines, remedial measures for
each administrative violation; violators who incur administrative penalties;
authority to impose penalties, fines specific to titles and authority to make
records of administrative violations; imposition of administrative penalties,
remedial measures applicable to respective areas by state management;
b) Regimes for imposition
of administrative handling measures.
2. Forms used in handling
of administrative violations shall comply with the Government's regulations.
3. Pursuant to
regulations of this Law, the National Assembly’s Standing Committee shall
regulate the imposition of administrative penalties for violations arising from
state audit activities and violations against legal proceedings”.
Article 5. Violators
subject to administrative penalties for their violations
1. Violators subject to
administrative penalties for their violations include:
a) Persons aged from 14
to under 16 shall be subject to penalties for intentional administrative
violations; persons aged from 16 or older shall be subject to penalties for all
administrative violations.
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b) Organizations shall be
subject to penalties for all administrative violations that they have
committed.
c) Foreign individuals or
organizations that commit administrative violations within the territory, the
territorial waters adjacent areas, the exclusive economic zone and continental
shelf of the Socialist Republic of Vietnam; in Vietnamese
nationality aircrafts, seagoing vessels flying Vietnamese national ensigns
shall be subject to administrative penalties according to the regulations of
Vietnamese laws, except otherwise provided for by international treaties of
which the Socialist Republic of Vietnam is member.
2.
Individual against which an administrative
handling measure has been imposed is an individual who is one of the persons
specified in Articles 90, 92, 94 and 96 of this Law;
Administrative handling
measures shall not be imposed upon foreigners.
Article 6. Limitation
period for handling administrative violations
1. Limitation period for
imposition of an administrative penalty is regulated as follows:
a) [6] Limitation period for imposition of an
administrative penalty shall be 01 year, except for the following cases:
The limitation period for
imposition of penalties for administrative violations arising from sectors and
activities, including 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, shall be 02 years.
The limitation period for
imposition of penalties for administrative violations arising from taxes shall
comply with laws on tax administration;
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Regarding administrative
violation that has ended, the limitation period shall begin from violation end
date
Regarding administrative
violation in progress, the limitation period shall begin from the time of
detection of the violation;
c) In case of penalties
for administrative violations committed by individuals or organizations [7] transferred
by proceeding agencies, the limitation period shall be applicable according to
the regulations in Points a and b of this Clause. The period when proceeding
agencies handle and consider cases shall be included in the limitation period
for imposition of penalties for administrative violations.
d) Within the period
specified in points a and b of this Clause, if individuals or organizations
deliberately evade or obstruct imposition of administrative penalties, the
limitation period for imposition of penalties shall be re-calculated from the
time of termination of the acts of evading or obstructing imposition of penalties.
2. Limitation period for
imposition of administrative handling measures is regulated as follows:
a)[8] The
limitation period for compulsory education in the community shall be 01 year
starting from the date in which an individual commits any violation specified
in Clause 1 of Article 90; 06 months starting from the date in which an
individual commits any violation specified in Clause 2 of Article 90; 06 months
starting from the date in 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 in which an individual last commits any violation specified in
Clause 5 of Article 90 of this Law;
b)[9] The limitation
period for sending violators to reform schools shall be 01 year starting from
the date in which an individual commits any violation specified in Clauses 1
and 2 of Article 92; 06 months starting from the date in which an individual
commits any violation specified in Clauses 3 and 4 of Article 92 herein;”;
c) The limitation period
for sending violators to compulsory educational establishments shall be 01 year
starting from the date in which an individual last commits any violation
specified in Clause 1 of Article 94 of this Law;
d) The limitation period
for sending violators to compulsory detoxification centers shall be 03 months
starting from the date in which an individual last commits any violation
specified in Clause 1 of Article 96 of this Law;
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Article 7. Period
after which an administrative violation is absolved.
1. Within 06 months from the date of finishing executing the
warning decision or 01 year from the date of finishing executing another
decision on imposition of the administrative penalty, or from the date of
expiration of the limitation period for execution of the decision on imposition
of the administrative penalty, if an individual or organization subject to the
administrative penalty does not commit repeat violation(s), such individual or
organization shall be considered that
he/she/it has not been subject to any administrative penalty.
2. Within 02 years from
the date of finishing executing the decision on imposition of administrative
handling measure, or 01 year from the date of expiration of the limitation
period for execution of the decision on imposition of administrative handling
measure, if an individual subject to administrative handling measure does not
commit repeat violation(s), he/she shall be considered not yet being subject to
administrative handling measure.
Article 8. Calculation of period, time limit, limitation period for handling of administrative violations
1. Calculation of the
time limit or the limitation period for handling of administrative violations
shall comply with regulations of Civil Code, unless this Law elaborates time
under working days.
2. Night time shall be
calculated from 22:00 p.m. of the previous day to 6:00 a.m. of the following
day.
Article 9. Extenuating
circumstance
Extenuating circumstances
include:
1. Violator has prevented
or reduced the harm caused by the violation or voluntarily implements remedial
measures or makes compensation for damage;
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3. Violator commits
administrative violation under provocation caused by other persons ‘violations;
beyond the limit of justifiable force in
self-defense; exceeding requirement of urgent situation;
4. Violator commits
administrative violation due to being forced to or due to their material or
spiritual dependence;
5. Violator is a pregnant
woman, an old or weak person, a person who suffers from ailment or disability
which restricts his/her capacity to cognize or control his/her acts;
6. Violator commits
violation due to particularly difficult circumstance which is not caused by
such violator;
7. Violation is committed
due to backwardness;
8. Other extenuating
circumstances under regulations of the Government.
Article 10.
Aggravating circumstance
1.
Aggravating circumstances include:
a) Committing
administrative violations in an organized manner;
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c) Inciting, dragging,
using minors to commit administrative violations, forcing persons who have
material or spiritual dependence to commit violations;
d) Using persons that
violators clearly know that they are suffering from mental disease or other
ailments which cause loss of their ability to cognize or control their
behaviors to commit administrative violations;
dd) Reviling, defaming
persons who are performing duties; committing administrative violations with
gangster-like nature;
e) Abusing one’s
positions and powers to commit administrative violations;
g) Taking advantage of
war, natural disaster, epidemic diseases or other special difficulties of the
society to commit administrative violations;
h) Committing violations
while serving criminal sentences or decisions on imposition of administrative
handling measures;
i) Continuing to commit
administrative violations although the competent persons have requested
termination of such violations;
k) After committing
violations, committing acts of evading or concealing administrative violations;
l) Committing
administrative violations with large scale, large quantity or large value of
goods;
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2.
If circumstances specified in Clause 1 of
this Article have been defined as administrative violations, such circumstances
shall not be considered as aggravating circumstances.
Article 11. Cases not
subject to administrative penalties
Cases not subject to
administrative penalties include:
1. Committing
administrative violations in urgent situations;
2. Committing
administrative violations due to justifiable force
in self-defense;
3. Committing
administrative violations due to unexpected events;
4. Committing
administrative violations due to force majeure events;
5. Violators are
incapable of fulfilling administrative liabilities; violators commit
administrative violations when they do not reach age to be subject to
administrative penalties according to regulations in point a, Clause 1, Article
5 of this Law.
Article 12. Prohibited acts
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2. Abusing positions and
powers to harass, demand or receive money or property of violators; tolerating
violators, screening them from administrative penalties and constraining them
from exercising their rights when imposing administrative penalties or imposing
administrative handling measures.
3. Issuing, on an ultra
vires basis, documents on administrative violations; on authority to impose
penalties, penalties and remedial measures for respective acts of
administrative violation arising from state management activities, and
administrative handling measures.
4. Failing to impose
administrative penalties; failing to impose remedial measures or administrative
handling measures.
5. Imposing
administrative penalties, imposing remedial measures or imposing administrative
handling measures in an untimely, loose or ultra vires manner, or not according
to authority or procedures, or not to correct violators, as legally prescribed.
6. [11] Identifying
administrative violations incorrectly; imposing penalties, fines, and imposing
remedial measures in an incorrect and incomplete manner with respect to
administrative violations.
7. Illegally intervening
in handling administrative violations.
8. Extending the time
limit for imposition of administrative handling measures;
8a. [12] Failing
to monitor, urge, inspect and take charge of enforcing execution of the
decision on imposition of penalties or remedial measures.
9. Using administrative
fines, interest on late imposition of fines, gains from sale or liquidation of
confiscated exhibits/means of administrative violations and other amounts
collected from imposition of administrative penalties in contravention of law
on state budget.
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11. Infringing the life,
health, honor and dignity of violators subject to administrative penalties,
administrative handling measures, measures for prevention and assurance about
handling administrative violations, or enforcement measures of executing
decisions on handling of administrative violations.
12. Resisting, evading,
delaying or obstructing the execution of decisions on imposition of
administrative penalties, decisions on imposition of measures for prevention
and assurance about handling administrative violations, decisions on
enforcement measures of executing decisions on imposition of administrative
penalties, decisions on imposition of administrative handling measures.
Article 13. Compensation for damage
1. If the violators cause
damages, they must pay for those damages as compensation. The compensation
shall comply with regulations of the Civil Law.
2. If persons who have
authority to handle administrative violations, agencies, organizations,
individuals related to handling of administrative violations cause damages,
they shall grant compensation according to regulations of law.
Article 14. Responsibilities to combat, prevent and oppose administrative
violations
1. Individuals or
organizations shall strictly comply with regulations on handling of administrative
violations. Organizations shall be responsible for educating members of their
organizations about awareness of protection and compliance with law, the rules
of social life in order to promptly take measures to eliminate causes and
conditions that cause violations in their organizations.
2. In case of detection
of administrative violations, persons who have authority to handle
administrative violations shall be responsible for handling violations
according to regulations of law.
3. Individuals or organizations
shall be responsible for detecting, denouncing and combating, preventing and
opposing administrative violations.
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1. Individuals or
organizations subject to administrative penalties shall have the right to
complain about, initiate lawsuits for decisions on handling of administrative
violations according to the regulations of law.
2. Individuals shall have
the right to denounce violations in the handling of administrative violations
according to regulations of law.
3. In the process of
settlement of complaints or institution of legal proceedings if it is
deemed that the execution of decisions on handling of administrative violations
subject to complaints or institution of legal proceedings will cause
irremediable consequences, the persons who are in charge of settlement of
complaints or institution of legal proceedings shall make decisions on
suspension of the execution of such decisions according to regulations of law.
Article 16. Responsibilities of persons who have authority to handle
administrative violations
1. In the process of
handling administrative violations, persons who have authority to handle
administrative violations shall comply with regulations of this Law and other
related law regulations.
2. Persons having
authority to handle administrative violations, who harass, claim, receive money
or other property from violators, tolerate, screen, fail to impose penalties or
promptly impose penalties for violations with exact nature or seriousness under
proper authority or violate other regulations in Article 12 of this Law and
other regulations of law, depending on the nature and seriousness of their
violations, they shall be disciplined or prosecuted for criminal liability.
Article 17. Responsibility for management of law enforcement on handling
of administrative violations
1. The Government unifies
management of law enforcement on handling of administrative
violations nationwide.
2. The Ministry of
Justice shall be responsible to the Government for management of law enforcement
on handling of administrative violations with the following tasks and
powers:
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b) General monitor and
report law enforcement on handling of administrative violations;
make statistics reports, develop and manage the national database on handling
of administrative violations;
c) Take charge and
cooperate in provision of guidance, training and refresher training in law enforcement
on handling of administrative violations;
d) Inspect and cooperate
with relevant ministries and agencies in inspection of law enforcement
on handling of administrative violations;
dd) [13] Regulate
reporting regimes and forms used for collection of statistical data on handling
of administrative violations.”;
3. Within the scope of
their duties and powers, the ministries or authorities shall comply with or
cooperate with the Ministry of Justice in complying with regulations of Clause
2 of this Article; promptly provide information for the Ministry of Justice
about handling of administrative violations to develop national database;
annually [14] send reports to the Ministry of Justice on the handling of
administrative violations arising within their remit.
4. [15] Within the
scope of their duties and powers, the Supreme People's Court and the State
Audit shall comply with regulations of Clause 2 of this Article, and annually
send reports to the Ministry of Justice on handling of administrative
violations arising within their remit; shall direct People's Courts at all levels,
State Audit’s subordinate agencies to report and provide information on
handling of administrative violations
5. Within the duties and
powers, the People's Committees at all levels shall manage law enforcement
on handling of administrative violations in their provinces, districts or
communes with the following responsibilities:
a) Direct the execution
of legislative documents on handling of administrative violations; disseminate,
educate legal information on handling of administrative violations;
b) Check, inspect, handle
violations and according to the competence, settle complaints, denunciations of
law enforcement on handling of administrative violations;
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6. [17] Host
entities in charge of persons having authority to impose administrative
penalties, the People's Courts having authority to decide the imposition of
administrative handling measures, entities enforcing decisions on imposition of
penalties and decisions on enforcement of decisions on imposition of penalties,
and entities enforcing decisions on imposition of administrative handling
measures, shall be responsible for providing, updating information and results
of handling of administrative violations under their jurisdiction and within
their remit to the national database on handling of administrative violations.
7. The Government
elaborates this Article.
Article 18.
Responsibilities of heads of agencies or units for handling of administrative
violations
1. Within their duties
and powers, the heads of agencies or units that have authority to handle
administrative violations shall have the following responsibilities:
a) Frequently inspect,
check and promptly handle violations committed by persons who have authority to
handle administrative violations under their management; settle complaints and
denunciations of handling of administrative violations according to regulations
of law;
b) Fail to illegally
interfere in handling of administrative violations and take joint
responsibility for violations of persons who have authority to handle
administrative violations under their management according to regulations of
the law;
c) Prevent corruption
committed by persons who have authority to handle administrative violations
under their management;
d) Other responsibilities
according to regulations of law.
2. Within their duties
and powers, Ministers, the Heads of ministerial-level agencies, the Chief
Justice of the Supreme People's Court, the State Auditor General, and [18] the
Chairpersons of the People's Committees at all levels shall have
responsibilities as follows:
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b) Discipline persons who
have committed violations against handling of administrative violations under
their management;
c) Promptly settle
complaints and denunciations of handling of administrative violations in the
sectors, fields under their management according to regulations of law;
d) Other responsibilities
according to regulations of law.
3. [19] Within their duties and powers, the Ministers, Heads
of ministerial-level agencies, the Chairpersons of the People's Committees at
all levels, heads of agencies or units in charge of persons who have authority
to handle administrative violations shall be responsible for detecting any
defect contained in decisions on handling 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 elaborates
this Clause.
Article 19.
Supervision of handling of administrative violations
The National Assembly,
the agencies of the National Assembly, the People's Councils at all levels, members
of the National Assembly and the People's Councils, the Vietnam Fatherland
Front, member organizations of the Vietnam Fatherland Front and all citizens
monitor activities of agencies, persons that have authority to handle
administrative violations; in case of detecting violations committed by
agencies or persons that have authority to handle administrative violations,
they are entitled to propose or request competent agencies and persons to
consider, settle and handle according to regulations of law.
Agencies or persons that
have authority to handle administrative violations shall consider, settle and
response to requirements or proposals according to regulations of law.
Article 20.
Application of Law on Handling of Administrative Violations to administrative
violations committed outside the territory of the Socialist
Republic of Vietnam
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Part two
IMPOSITION OF ADMINISTRATIVE PENALTIES
Chapter I
PENALTIES AND REMEDIAL MEASURES
Section 1. PENALTIES
Article 21. Penalties and rules for imposition
1. The penalties include:
a) Warnings;
b) Fines;
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d) Confiscation of
exhibits and/or means used for commission of administrative violations;
dd) Deportation.
2. The penalties
specified in Points a and b Clause 1 of this Article shall be specified and
imposed as main penalties.
The penalties specified
in Points c, d and dd Clause 1 of this Article may be specified as additional
penalties or main penalties.
3. [20] A main
penalty shall be imposed, or one or multiple additional penalties enclosed may
be imposed for each administrative violation.
Additional penalties may
accompany main penalties, except the cases specified in Clause 2 of Article 65
herein.”.
Article 22. Warning
If individuals or organizations
commit administrative violations which are not serious with extenuating
circumstances or minors aged from 14 and to under 16 commit administrative
violations, warnings shall be issued to such individuals, organizations or
minors according to regulations of law. Warning shall be decided in writing.
Article 23. Fines
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Regarding inner areas of
central-affiliated cities, the fines may be higher but not exceed twice as much
as the common fines imposed for the same violations against regulations on road
traffic; environmental protection; security, order and social security.
2. The Government
regulates fine brackets or fines for specific administrative violations
according to one of the following methods, but the highest fine bracket does
not exceed the maximum fine specified in Article 24 of this Law;
a) Determining the
minimum or the maximum fine;
b) Determining the number
of times, the percentage of the value and the quantity of exhibits and/or means
used for commission of administrative violations, violators or revenue,
benefits gained from administrative violations.
3. [21] Based on
types of acts, fine brackets or fines specified in the Government's Decrees and
specific local socio-economic management requirements, the People's Councils of
central-affiliated cities shall have the right to decide fine brackets or
specific fines for violations in the fields specified in Clause 1 of this
Article but not exceeding the maximum fine for the respective fields specified
in Article 24 of the Law.
4. [22] The
specific fine for an administrative violation is the average of fines within
the fine bracket imposed for that violation; if there is any extenuating
circumstance, the fine may be reduced but not be lower than the minimum limit
of the fine bracket; if there is any aggravating circumstance, the fine may be
increased, but not exceed the maximum limit of the fine bracket.
The Government elaborates
this Clause.
Article 24. Maximum
fines in fields
1.
[23] Maximum fines imposed upon individuals for their acts falling
within the scope of state management shall comply with the following
regulations:
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b) A fine of up to VND
40.000.000 shall be imposed for any act arising in fields including public
order, security and social safety; obstruction of proceedings; enforcement of
civil judgments; 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 fields including
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 fields including 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;
dd) A fine of up to VND
100.000.000 shall be imposed for any act arising in fields including levees;
medical examination and treatment; cosmetics; pharmaceuticals, medical
equipment; animal husbandry; fertilizers; advertisement; betting and games with
prizes; management of overseas labor; maritime transportation; civil aviation
operations; traffic works management and protection; information technology;
telecommunications; radio frequencies; cybersecurity; information security;
publishing; printing; commerce; customs, tax procedures; lottery business;
insurance business; thrift and anti-extravagance practice; control of explosive
materials; electricity;
e) A fine of up to VND
150.000.000 shall be imposed for any act arising in fields including 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.
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3.[24] The maximum
fines in fields including taxation; measuring; food safety; quality of products
and goods; stocks; competition shall comply with the regulations of equivalent
laws”.
4. The maximum fines for
the new fields have not been determined in Clause 1 of this Article shall be
prescribed by the Government after obtaining the consent of the Standing
Committee of the National Assembly.
Article 25. Suspension
of licenses/practicing certificates or operations for fixed periods
1. Suspension of
license/practicing certificate for fixed period is a penalty that is imposed
upon an individual or organization that commits serious violation(s) stated in
such license/practicing certificate. Within the time limit for suspension of
license/practicing certificate, an individual or organization shall not carry
out activities stated in such license/practicing certificate.
2. Suspension of
operation for fixed period is a penalty that is imposed upon an individual or
organization that commits administrative violation(s) in the following cases:
a) Partially suspending
operation causing serious consequences or having the actual possibility of
causing serious consequences to the life, human health, environment conducted
by businesses that are required to possess licenses according to regulations of
law.
b) Partially or entirely
suspending business or other operations that are not required to possess
licenses and cause serious consequences or have the actual possibility of
causing serious consequences to the life, human health, environment and order
and social safety according to regulations of the law.
3. [25] The time
limit for suspension of licenses/practicing certificates or operations
specified in Clauses 1 and 2 of this Article shall be between 01 month and 24
months, starting from the effective dates of decisions on imposition of
administrative penalties. Persons who have authority to impose penalties shall
impound licenses/practicing certificates during the time limit for suspension
of such licenses/practicing certificates.
The time limit for
suspension of licenses/practicing certificates or operations imposed as a
penalty for an administrative violation is the average of total time length of
the time frame for such suspension of penalty for that violation; if there is
any extenuating circumstance, the time limit for such suspension may be
reduced, but not lower than the minimum limit of the time frame for such
suspension; if there is any aggravating circumstance, the time limit for such
suspension may be increased, but not exceeding the maximum limit of the time
frame for such suspension.
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Article 26.
Confiscation of exhibits and/or means used for commission of administrative
violations
Confiscation of exhibits
and/or means used for commission of administrative violations is the transfer
of things, money, goods and/or means directly involved in administrative
violations to the state budget. The confiscation is a penalty that is imposed
for a serious violation intentionally committed by an organization or
individual. [26]
Article 27.
Deportation
1. Deportation is a
penalty that a foreigner who commits administrative violation(s) in Vietnam is
forced to leave the territory of the Socialist Republic of Vietnam.
2. The Government
elaborates imposition of the penalty of deportation.
Section 2. REMEDIAL
MEASURES
Article 28. Remedial
measures and rules for imposition
1. Remedial measures
include:
a) Mandatory restoration
of original condition;
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c) Mandatory
implementation of remedial measures against environmental pollution or spread
of diseases;
d) Mandatory bringing out
of the territory of the Socialist Republic of Vietnam or mandatory re-export of
goods, articles and means;
dd) Mandatory destruction
of goods or items detrimental to human, animal and plant health and the
environment, and indecent materials;
e) Mandatory correction
of false or misleading information;
g) Mandatory removal of
violating elements on labels and packages of goods, means of trading or
articles;
h) Mandatory recall of unqualified products and goods;
i) Mandatory return of
illegal benefits obtained from violations or mandatory return of an amount
equal to the value of exhibits and/or means used for commission of
administrative violations that have been illegally consumed, dispersed or
destroyed;
k) Other remedial
measures prescribed by the Government.
2. Rules for imposing
remedial measures:
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b) Remedial measures
shall be independently imposed for cases specified in Clause 2, Article 65 of
this Law.
Article 29. Mandatory
restoration of original condition
Violating individuals or
organizations shall restore original condition deteriorated due to their acts
of administrative violations; in case such individuals or organizations do not
voluntarily carry out their duties, they shall be coerced to carry out their
duties.
Violating individuals or
organizations shall demolish works [29],
parts of works constructed without a construction permit or against the
construction permit; in case such individuals or organizations do not
voluntarily carry out their duties, they shall be coerced to carry out their
duties.
Article 31. Mandatory
implementation of remedial measures against environmental pollution or spread
of diseases;
Violating individuals or
organizations shall implement remedial measures against environmental pollution
or spread of diseases; in case such individuals or organizations do not
voluntarily carry out their duties, they shall be coerced to carry out their
duties.
Article 32. Mandatory
bringing out of the territory of the Socialist Republic of Vietnam or mandatory
re-export of goods, articles and means;
Violating individuals or
organizations shall bring goods, articles and means out the territory of the
Socialist Republic of Vietnam or re-export goods, articles and means brought
into the territory of the Socialist Republic of Vietnam, illegally imported or
temporarily imported for re-export but not re-exported in accordance with
regulations of law.
This remedial measure is
also imposed for goods imported, transited which infringe upon intellectual
property rights, counterfeit goods of intellectual property, imports used
primarily for production and trading of counterfeit goods of intellectual
property after removal of violating elements; in case individuals or
organizations that commit administrative violations do not voluntarily carry
out their duties, they shall be coerced to carry out their duties.
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Individuals or
organizations that commit administrative violations shall destroy goods
or items detrimental to human, animal and plant health and the environment, and
indecent materials or exhibits and/or means that must be destroyed; in case
such individuals or organizations do not voluntarily carry out their duties,
they shall be coerced to carry out their duties.
Article 34. Mandatory
correction of false or misleading information;
Violating individuals or
organizations shall correct false or misleading information which has
been published or informed on the mass media or websites; in case such
individuals or organizations do not voluntarily carry out their duties, they
shall be coerced to carry out their duties.
Article 35. Mandatory
removal of violating elements on labels and packages of goods, means of trading
or articles
Individuals or
organizations that manufacture, trade goods or use means of trading, articles
containing violating elements on labels and packages of goods, means of trading
or articles shall remove such violating elements; in case such individuals or
organizations do not voluntarily carry out their duties, they shall be coerced
to carry out their duties.
Article 36. Mandatory
recall of unqualified products and goods
Individuals or organizations
that manufacture or trade products and goods which do not meet requirements for
the quality registered or announced and other goods which do not meet
requirements for the quality or conditions for circulation shall recall such
products or goods; in case such individuals, organizations do not voluntarily
carry out their duties, they shall be coerced to carry out their duties.
Article 37. Mandatory
return of illegal benefits obtained from administrative violations or mandatory
return of an amount equal to the value of exhibits and/or means used for
committing administrative violations that have been illegally consumed,
dispersed or destroyed;
Violating individuals or
organizations shall return illegal benefits including money, property, valuable
papers and articles obtained from administrative violations committed by
such individual or organization to state budget, or return money, property,
valuable papers and articles which have been appropriated to their
owners; return an amount equal to the value of exhibits and/or means used for
committing administrative violations that have been illegally consumed,
dispersed or destroyed; in case such individuals or organizations do not
voluntarily carry out their duties, they shall be coerced to carry out their duties.
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AUTHORITY TO IMPOSE PENALTIES FOR
ADMINISTRATIVE VIOLATIONS AND REMEDIAL MEASURES
Article 38. Authority
to impose penalties of Chairpersons of the People’s Committees
1.
Chairperson of the commune-level People’s
Committee shall have the authority to:
a) Issue warning;
b) Impose a fine equaling
up to 10% of a maximum fine for an act arising in the respective field
prescribed in Article 24 herein, but not exceeding VND 5.000.000;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause [30];
d) Impose remedial
measures mentioned in Points a, b, c and dd Clause 1 Article 28 of this Law.
2.
Chairperson of the district-level People’s
Committee shall have the authority to:
a) Issue warning;
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c) Suspend licenses/practicing
certificates or operations for fixed periods;
d) Confiscate any exhibit
or mean which has been used for committing administrative violation [32];
dd) Impose remedial
measures mentioned in Points a, b, c, dd, e, h, i and k Clause 1 Article 28 of
this Law.
3.
Chairperson of the provincial-level
People’s Committee shall have the authority to:
a) Issue warning;
b) Impose the maximum
fine in the respective field specified in Article 24 of this Law;
c) Suspend
licenses/practicing certificates or operations for fixed periods;
d) Confiscate any exhibit
or mean which has been used for committing administrative violation;
dd) Impose remedial
measures mentioned in Clause 1 Article 28 of this Law.
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1. People’s
police soldiers on duty shall have the authority to:
a) Issue warnings;
b) Impose a fine equaling
up to 1% of a maximum fine for an act arising in the respective field
prescribed in Article 24 herein, but not exceeding VND 500.000;
2. Heads of company-level
Mobile Police units, Station Heads or Team Leaders supervising the persons
defined in Clause 1 of this Article shall have the authority to [33]:
a) Issue warnings;
b) Impose a fine equaling
up to 3% of a maximum fine for an act arising in the respective field
prescribed in Article 24 herein, but not exceeding VND 1.500.000;
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, or Captains of Squadrons shall have the authority to: [34]
a) Issue warnings;
b) Impose a fine equaling
up to 5% of a maximum fine for an act arising in the respective field
prescribed in Article 24 herein, but not exceeding VND 2.500.000;
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d) Impose the remedial
measures specified in Points a, c and dd Clause 1 Article 28 of this Law.
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 authority to [36]:
a) Issue warnings;
b) Impose a fine equaling
up to 20% of a maximum fine for an act arising in the respective field
prescribed in Article 24 herein, but not exceeding VND 25.000.000;
c) Suspend licenses/practicing
certificates or operations for fixed periods;
d) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause [37];
dd) Impose the remedial
measures specified in Points a,c, dd and k Clause 1 Article 28 of this Law.
5. Directors of
provincial Police Departments shall have the authority to [38]:
a) Issue warnings;
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c) Suspend
licenses/practicing certificates or operations for fixed periods;
d) Confiscate any exhibit
or mean which has been used for committing administrative violation [40];
dd) Decide imposition of
deportation;
e) Impose the remedial
measures specified in Points a, c, dd, i and k Clause 1 Article 28 of this Law.
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 Judgments at Community, and
Commander of the Mobile Police shall have the authority to[41]:
a) Issue warning;
b) Impose the maximum
fine in the respective field specified in Article 24 of this Law;
c) Suspend
licenses/practicing certificates or operations for fixed periods;
d) Confiscate any exhibit
or mean which has been used for committing administrative violation;
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7. Director of
Immigration Department has the authority to impose administrative penalties
according to regulations in Clause 6 of this Article and impose deportation.
Article 40. Authority
to impose penalties of Border Guard Forces:
1.
Border Guard soldiers on duty shall have
the authority to:
a) Issue warnings;
b) Impose a fine equaling
up to 1% of a maximum fine for an act arising in the respective field
prescribed in Article 24 herein, but not exceeding VND 500.000;
2.
Heads of Border Guard stations and Team
Leaders of persons specified in Clause 1 of this Article shall have the
authority to:
a) Issue warnings;
b) Impose a fine equaling
up to 5% of a maximum fine for an act arising in the respective field
prescribed in Article 24 herein, but not exceeding VND 2.500.000.
2a. [42] 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 authority to:
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b) Impose a fine equaling
up to 10% of a maximum fine for an act arising in the respective field
prescribed in Article 24 herein, but not exceeding VND 10.000.000;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause;
d) Impose the remedial
measures specified in Points a, c and dd Clause 1 Article 28 of this Law.
3.[43] 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
authority to:
a) Issue warnings;
b) Impose a fine equaling
up to 20% of a maximum fine for an act arising in the respective field
prescribed in Article 24 herein, but not exceeding VND 25.000.000;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause;
d) Impose the remedial
measures specified in Points a, c, d, dd and k Clause 1 Article 28 of this Law.
3a.[44] 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 authority to:
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b) Impose a fine equaling
up to 50% of a maximum fine for an act arising in the respective field
prescribed in Article 24 herein, but not exceeding VND 100.000.000;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause;
d) Impose the remedial
measures specified in Points a, c, d, dd, i and k Clause 1 Article 28 of this
Law.
4.[45]
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 have the authority
to:
a) Issue warnings;
b) Impose the maximum
fine in the respective field specified in Article 24 of this Law;
c) Suspend licenses/practicing
certificates or operations for fixed periods;
d) Confiscate any exhibit
or mean which has been used for committing administrative violation;
dd) Impose the remedial
measures specified in Points a, c, d, dd, i and k Clause 1 Article 28 of this
Law.
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1.
Coast Guard officers on duty shall have
the authority to:
a) Issue warnings;
b) Impose a fine equaling
up to 2% of a maximum fine for an act arising in the respective field prescribed
in Article 24 herein, but not exceeding VND 1.500.000.
2.
Squad leaders of professional squads of
Coast Guard shall have the authority to:
a) Issue warnings;
b) Impose a fine equaling
up to 5% of a maximum fine for an act arising in the respective field
prescribed in Article 24 herein, but not exceeding VND 5.000.000.
3.
Team leaders of professional teams of
Coast Guard, Heads of Coast Guard stations shall have the authority to:
a) Issue warnings;
b) Impose a fine equaling
up to 10% of a maximum fine for an act arising in the respective field
prescribed in Article 24 herein, but not exceeding VND 10.000.000;
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4.
Captains of Coast Guard Flotillas shall have
the authority to:
a) Issue warnings;
b) Impose a fine equaling
up to 20% of a maximum fine for an act arising in the respective field
prescribed in Article 24 herein, but not exceeding VND 25.000.000;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause
[46];
d) Impose the remedial
measures specified in Points a, c, d, dd and k Clause 1 Article 28 of this Law.
5. Captains of Naval
Border Guard Squadrons; Heads of Reconnaissance Commissions; Heads of Task
Force Commissions for Drug Crime Prevention and Control under the control of
the Command of Coast Guard of Vietnam shall have the authority to[47]:
a) Issue warnings;
b) Impose a fine equaling
up to 30% of a maximum fine for an act arising in the respective field
prescribed in Article 24 herein, but not exceeding VND 50.000.000;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its value
is not 02 times as high as the fine specified in Point b of this Clause [48];
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6.[49] 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 authority to:
a) Issue warnings;
b) Impose a fine equaling
up to 50% of a maximum fine for an act arising in the respective field
prescribed in Article 24 herein, but not exceeding VND 100.000.000;
c) Suspend
licenses/practicing certificates for fixed periods;
d) Confiscate any exhibit
or mean which has been used for committing administrative violation;
dd) Impose the remedial
measures specified in Points a, c, d, dd and k Clause 1 Article 28 of this Law.
7. Commander of Coast
Guard of Vietnam shall have the authority to [50]:
a) Issue warnings;
b) Impose the maximum
fine in the respective field specified in Article 24 of this Law;
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d) Confiscate any exhibit
or mean which has been used for committing administrative violation;
dd) Impose the remedial
measures specified in Points a, b, c, d, dd and k Clause 1 Article 28 of this
Law.
Article 42. Authority
to impose penalties of customs authorities [51]
Customs authorities'
authority 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 comply with regulations of Law on Tax Administration. Customs
authorities’ authority to impose penalties for other administrative violations
are regulated as follows:
1. Customs officers on
duty shall have the authority to:
a) Issue warnings;
b) Impose 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 have the
authority to:
a) Issue warnings;
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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 have the authority to:
a) Issue warnings;
b) Impose a fine of up to
VND 25.000.000;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause;
d) Impose remedial
measures mentioned in Points d, dd, g, i and k Clause 1 Article 28 of this Law;
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
central-affiliated city Customs Departments shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to
VND 50.000.000;
c) Suspend
licenses/practicing certificates or operations for fixed periods;
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dd) Impose remedial
measures mentioned in Points d, dd, g, i and k Clause 1 Article 28 of this Law;
5. Director of the
General Department of Customs shall have authority to:
a) Issue warnings;
b) Impose the maximum
fine in the respective field specified in Article 24 of this Law;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation;
d) Impose remedial
measures mentioned in Points d, dd, g, i and k Clause 1 Article 28 of this Law;
Article 43. Authority
to impose penalties of Forest Rangers
1.
Forest rangers on duty shall have the
authority to:
a) Issue warnings;
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2.
Heads of forest ranger stations shall have
the authority to:
a) Issue warnings;
b) Impose a fine of up to
VND 10.000.000;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause
[52];
3.
Directors of
Forest Protection Departments, Leaders of Mobile Rangers and Forest Fire
Prevention and Fighting Teams shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to
VND 25.000.000;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause
[53];
d) Impose the remedial
measures specified in Points a, c, dd, i and k Clause 1 Article 28 of this Law.
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a) Issue warnings;
b) Impose a fine of up to
VND 50.000.000;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause
[55];
d) Suspend
licenses/practicing certificates or suspend operations for fixed periods;
dd) Impose the remedial
measures specified in Points a, b, c, dd, i and k Clause 1 Article 28 of this
Law.
5.
Director of Forest Protection Department
shall have the authority to:
a) Issue warnings;
b) Impose the maximum
fine in the forestry [56] specified in Article 24 of this Law;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation;
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dd) Impose the remedial
measures specified in Points a, b, c, dd, i and k Clause 1 Article 28 of this
Law.
Article 43a. Authority
to impose penalties of Fisheries Resources Surveillance forces [57]
1. Fisheries resources
surveillance officers on duty shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to
VND 2.000.000;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine 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 authority to:
a) Issue warnings;
b) Impose a fine of up to
VND 10.000.000;
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d) Impose remedial
measures mentioned in Points a, b and i Clause 1 Article 28 of this Law.
3. Directors of Fisheries
Resources Surveillance Sub-departments shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to
VND 100.000.000;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation;
d) Impose remedial
measures mentioned in Points a, b, d, i and k Clause 1 Article 28 of this Law.
4. Director of the
Fisheries Resources Surveillance Department shall have authority to:
a) Issue warnings;
b) Impose the maximum
fine in the respective field specified in Article 24 of this Law;
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d) Confiscate any exhibit
or mean which has been used for committing administrative violation;
dd) Impose remedial
measures mentioned in Points a, b, d, i and k Clause 1 Article 28 of this Law.
Article 44. Authority
to impose penalties of tax authorities
Tax
authorities' authority 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
authorities shall comply with regulations of Law on Tax Administration. Tax authorities’ authority to impose penalties for other
administrative violations are regulated as follows: [58]
1. Tax officers on
duty shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to
VND 500.000;
2.
Leaders of Tax Teams shall have the
authority to:
a) Issue warnings;
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3.
Directors of Taxation Sub-departments shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to
VND 25.000.000;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause [59];
d) Impose the remedial
measures specified in Points a, i and k Clause 1 Article 28 of this Law.
4.
Director of Taxation Department shall
have the authority to:
a) Issue warnings;
b) Impose a fine of up to
VND 70.000.000;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation [60];
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5. General Director of
General Department of Taxation shall have the authority to:
a) Issue warnings;
b) Impose the maximum
fine in the taxation specified in Article 24 of this Law;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation;
d) Impose the remedial
measures specified in Points a, i and k Clause 1 Article 28 of this Law.
Article 45. Authority
to impose penalties of Market Surveillance Forces
1.
Market controllers on duty shall have the
authority to:
a) Issue warnings;
b) Impose a fine of up to
VND 500.000;
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a) Issue warnings;
b) Impose a fine of up to
VND 25.000.000;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause
[62];
d) Impose remedial
measures mentioned in Points a, dd, e, g, h, i and k Clause 1 Article 28 of
this Law.
3. Directors of
provincial-level Market Surveillance Departments and Directors of the
Departments of Market Surveillance Operations under the control of Vietnam
Directorate of Market Surveillance shall have the authority to [63]:
a) Issue warnings;
b) Impose a fine of up to
VND 50.000.000;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation [64];
d) Suspend
licenses/practicing certificates or suspend operations for fixed periods;
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4. General Director of
the Vietnam Directorate of Market Surveillance shall have the authority to:[65]
a) Issue warnings;
b) Impose the maximum
fine in the respective field specified in Article 24 of this Law;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation;
d) Suspend
licenses/practicing certificates or operations for fixed periods;
dd) Impose remedial
measures mentioned in Points a, c, d, dd, e, g, h, i and k Clause 1 Article 28
of this Law.
Article 45a. Authority
to impose penalties of the National Competition Committee [66]
The exercise of authority
to impose penalties by the National Competition Commission against acts of
anti-competitive agreement, abuse of the dominant market position, abuse of the
monopoly position, economic centralization, and unhealthy competition shall
comply with regulations in the Competition Law. With regard to other
administrative violations, Chairperson of the National Competition
Committee shall have the authority to:
1. Issue warnings;
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3. Suspend
licenses/practicing certificates or operations for fixed periods;
4. Confiscate any exhibit
or mean which has been used for committing administrative violation;
5. Impose remedial
measures mentioned in Points d, dd, g, i and k Clause 1 Article 28 of this Law.
Article 46. Authority
to impose penalties of Inspectorate
1. Inspectors and persons
assigned to carry out specialized inspection on duty shall have the authority
to:
a) Issue warnings;
b) Impose a fine equaling
up to 1% of a maximum fine for an act arising in the respective field
prescribed in Article 24 herein, but not exceeding VND 500.000;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause
[67];
d) Impose the remedial
measures specified in Points a, c and dd Clause 1 Article 28 of this Law.
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a) Issue warnings;
b) Impose a fine equaling
up to 50% of a maximum fine for an act arising in the respective field
prescribed in Article 24 herein, but not exceeding VND 50.000.000;
c) Suspend
licenses/practicing certificates or operations for fixed periods;
d) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause [70];
dd) Impose remedial
measures mentioned in Clause 1 Article 28 of this Law.
3. Chief inspectors of Governmental agencies, the
provincial chief inspectors, [71] Director of Statistics Offices, Directors of
provincial State Treasuries, Directors of Departments of Product and Commodity
Quality Control under the control of the General Department of Standards,
Metrology and Quality; equivalent titles of agencies assigned to perform the
specialized inspection functions whose authority to impose penalties is
delegated by the Government shall have the authority to [72]:
a) Issue warnings;
b) Impose a fine equaling
up to 70% of a maximum fine for an act arising in the respective field
prescribed in Article 24 herein, but not exceeding VND 250.000.000;
c) Suspend
licenses/practicing certificates or operations for fixed periods;
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dd) Impose remedial
measures mentioned in Clause 1 Article 28 of this Law.
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 authority to impose penalties is regulated by the
Government shall have the authority to[74]:
a) Issue warnings;
b) Impose the maximum
fine in the respective field specified in Article 24 of this Law;
c) Suspend
licenses/practicing certificates or operations for fixed periods;
d) Confiscate any exhibit
or mean which has been used for committing administrative violation;
dd) Impose remedial
measures mentioned in Clause 1 Article 28 of this Law.
5.[75] 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 have the authority to impose penalties according
to regulations 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 have the authority to impose
penalties according to regulations in Clause 2 of this Article.
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1.
Chief Representatives of the Maritime
Administrations, Airports Authorities, Inland Waterway Port Authorities shall
have the authority to:
a) Issue warnings;
b) Impose a fine of up to
VND 10.000.000;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause
[76];
2. Directors of Maritime
Administrations, Directors of Airports Authorities, and Directors of Inland
Waterway Port Authorities shall have the power to: [77]
a) Issue warnings;
b) Impose a fine of up to
VND 50.000.000[78];
c) Suspend
licenses/practicing certificates or operations for fixed periods;
d) Confiscate any exhibit
or mean which has been used for committing administrative violation [79];
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Article 48. Authority
to impose penalties of the People's Courts
1. Judges chairing court
hearings shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to
VND 1.000.000;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause
[80];
2. Judges who are
assigned to settle the bankruptcy cases shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to
VND 5.000.000;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause
[81];
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3. Presiding Judges of
district People's Courts, specialized Chief Judges of provincial People's
Courts, Chief Justices of local Military Courts shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to
VND 7.500.000;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause
[82].
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 authority to [83]:
a) Issue warnings;
b) Impose the maximum
fine in the respective field specified in Article 24 of this Law;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation [84];
d) Impose remedial
measures specified in Points a, i and k Clause 1 Article 28 of this Law.
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1. Leaders of auditor
teams shall have the authority to:
a) Issue warnings;
b) Impose a fine of up to
VND 30.000.000;
c) Impose remedial
measures mentioned in Clause 1 Article 28 of this Law.
2. Chief Auditors shall
have the authority to:
a) Issue warnings;
b) Impose the maximum
fine in the respective field specified in Article 24 of this Law;
c) Impose remedial
measures mentioned in Clause 1 Article 28 of this Law.
Article 49. Authority
to impose penalties of civil judgment execution bodies
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a) Issue warnings;
b) Impose a fine of up to
VND 500.000;
2.
Managers of
Sub-Departments of Civil Judgement Execution shall have the authority
to:
a) Issue warnings;
b) Impose a fine of up to
VND 2.500.000;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation if its
value is not 02 times as high as the fine specified in Point b of this Clause
[86];
d) Impose remedial
measures specified in Points a, i and k Clause 1 Article 28 of this Law.
3. [87](annulled)
4. Directors of
Departments of Civil Judgement Execution, Heads of Judgment Execution
Divisions of military zones shall have the authority to:
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b) Impose a fine of up to
VND 20.000.000;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation [88];
d) Impose remedial
measures specified in Points a, i and k Clause 1 Article 28 of this Law.
5. Director of the
General Department of Civil Judgment Execution, the Director of the Judgment
Execution Department under the Ministry of National Defense shall have the
authority to [89]
a) Issue warnings;
b) Impose the maximum
fine in the civil judgment execution specified in Article 24 of this Law;
c) Confiscate any exhibit
or mean which has been used for committing administrative violation;
d) Impose remedial
measures specified in Points a, i and k Clause 1 Article 28 of this Law.
Article 50. [90](annulled)
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Heads of overseas
diplomatic missions, consular missions and other missions authorized to perform
consulate functions of the Socialist Republic of Vietnam shall have the
authority to:
1. Issue warnings;
2. Impose the maximum
fine in the respective field specified in Article 24 of this Law;
3. Confiscate any exhibit
or mean which has been used for committing administrative violation;
4. Impose remedial
measures specified in Points a, i and k Clause 1 Article 28 of this Law.
Article 52. Rules for
determination and distribution of authority to impose penalties for
administrative violations and remedial measures
1. The authority to
impose penalties for administrative violations committed by persons specified
in Articles 38 through 51 of this Law is applicable to each administrative
violation committed by an individual; in case of imposition of a fine, the fine
imposed upon an organization for the same violation is twice the fine imposed
on an individual and the fine shall be determined by percentage according to
regulations of this Law.
In case of imposition of
fines on administrative violations in inner areas under the fields specified in
Paragraph 2, Clause 1, Article 23 of this Law, the titles having authority to
impose fines on administrative violations regulated by the Government shall
have the authority to impose the higher fines on
corresponding administrative violations regulated by the People's Councils
of central-affiliated cities applicable to inner areas.
2. The authority to
impose fines specified in Clause 1 of this Article shall be determined by the
maximum limit of the fine bracket for each specific violation.
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Persons who have the
authority to impose administrative penalties specified in Articles 39 through
51 of this Law shall have the authority to impose administrative penalties in
the fields and sectors under their management.
If multiple persons have
the authority to impose a penalty for an administrative violation, the penalty
shall be imposed by the first person who examines the case.
4. If an administrative
violation case involves multiple acts of violation, the authority to impose
penalty for an administrative violation shall be determined according to the
following principles: [91]
a) If the penalties, fines,
value of illegal exhibits or means that are confiscated and remedial measures
are within the competence of a competent person, that person shall impose
penalties;
b) If the penalties,
fines, value of illegal exhibits or means that are confiscated and remedial
measures are beyond the competence of a competent person, the case shall be
transferred to a competent authority.
c) If multiple persons
specialized in various fields have the authority to impose penalties for
administrative violations, the Chairperson of the competent People’s Committee
of the area where such violations are committed shall impose the penalties.
Article
53. Changes in names, duties and powers of titles having authority to impose
administrative penalties [92]
1. In
case names of titles having authority to impose penalties specified in this Law
are changed, but duties or powers of these titles remain unchanged, the
authority of such titles shall be kept unchanged.
2. In case duties or
powers of titles having authority to impose penalties are changed, the
authority of such titles shall be subject to the Government’s decisions after
obtaining consent from the Standing Committee of the National Assembly.
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1.
Persons authorized to impose administrative penalties as per Article 38;
Clauses 2, 3, 4, 5, 6 and 7 Article 39; Clauses 2, 2a, 3, 3a and 4 Article 40;
Clauses 3, 4, 5, 6 and 7 Article 41; Clauses 2, 3, 4 and 5 Article 42; Clauses
2, 3, 4 and 5 Article 43; Clauses 2, 3 and 4 Article 43a; Clauses 2, 3, 4 and 5
Article 44; Clauses 2, 3 and 4 Article 45; Article 45a; Clauses 2, 3 and 4
Article 46; Article 47; Clauses 3 and 4 Article 48; Clause 2 Article 48a;
Clauses 2, 4 and 5 Article 49; Article 51 of this Law may assign deputies to
exercise the authority to impose administrative penalties.
2. The
delegation of the authority to impose administrative penalties shall be
frequent or depend on specific cases, and shall take place at the same time as
the delegation of the authority to impose measures for prevention and assurance
about handling 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
impose administrative penalties shall be responsible to their heads and 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
elaborates this Article.
Chapter III
PROCEDURES FOR IMPOSITION OF
ADMINISTRATIVE PENALTIES, EXECUTION AND ENFORCEMENT OF DECISION ON IMPOSITION
OF ADMINISTRATIVE PENALTIES
Section 1. PROCEDURES
Article 55. Mandatory
termination of administrative violations
Mandatory termination of
administrative violation is an act that a competent person on duty applies to
an ongoing administrative violation to immediately terminate such violation. Mandatory
termination of administrative violation is conducted by words, whistle,
command, document or other forms as prescribed by law.
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1. Imposition of
administrative penalty without the violation record shall be applicable to a
case where the violator receives a warning or a fine of VND 250.000 (for an
individual) or VND 500.000 (for an organization) and a competent person
having authority to impose the penalty shall issue a decision on imposition of
administrative penalties on the spot.
In case the
administrative violation is detected by using technical and professional
equipment or mean, the record must be made.
2. Decision of imposition
of administrative penalties on the spot shall contain information including
date of the decision; full name and address or name and address of the
individual or organization committing violation; violation; venue where the
violation is committed; evidences and facts related to handling of the violation;
full name, position of the person who issues the decision; applicable articles
and clauses of legal documents. In case of fines, such fines shall be stated
clearly in the decision.
Article 57. Imposition
of administrative penalties with violation records, dossiers on imposition of
administrative penalties
1. Imposition of
administrative penalties with violation records shall be applicable to
administrative violations committed by individuals and organizations other
than cases specified in Paragraph 1 Clause 1 Article 56 of this Law.
2. Imposition of
administrative penalties with violation records shall be made into dossiers by
competent persons. A dossier shall include a record of administrative
violation(s), a decision on imposition of penalties, related documents and
papers and it shall be numbered.
Dossiers shall be
archived according to regulations of law on archives.
Article
58. Making records of administrative violations [94]
1. When
detecting administrative violations under their respective management,
competent persons on duty shall promptly make written records of administrative
violations, except for cases of imposition of administrative penalties without
violation records as prescribed in Clause 1 of Article 56 herein.
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2. An
administrative violation record must be made at the scene of that violation. If
an administrative violation record is made at the office of the person
authorized to make administrative violation records or at other places, the
reasons for this shall be clearly stated in the record.
3. An
administrative violation record shall contain the following main information:
a)
Recording time and venue;
b)
Information about the record maker, the violating individual or organization,
individuals or organizations 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 organization, the
witness, the victim or representative of the organization suffering from loss
or damage;
dd)
Measures for prevention and assurance about handling administrative violations;
e)
Rights and duration of explanation.
4. An
administrative violation record shall 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 regulations of Clause 7 of this
Article.
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5.
Completed administrative violation records shall be issued to violating
individuals or organizations, each of them receives 01 copy; in case of
administrative violations not falling under the authority to impose penalties
of the record makers, the records and other related documents shall be
transferred to persons having authority to impose penalties within 24 hours
from the date of making such records, except for cases where administrative
violation records are made aboard airplanes, ships or trains.
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 shall be verified according to
regulations defined in Article 59 of this Law as a basis for issuing decisions
on imposition of administrative penalties. The verification of facts of the
administrative violation case shall be documented in a verification report. The
verification report serves as a paper attached to the administrative violation
record and needs to be kept in the dossier on imposition of administrative
penalties.
7.
Administrative violation records can be made and sent electronically in case
agencies in charge of persons having authority to impose penalties, violating
individuals or organizations satisfy infrastructure, technical and information
requirements.
8.
Administrative violation records shall 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 decisions on imposition of
administrative penalties, except for cases of imposition of administrative
penalties without violation records 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
elaborates this Article.
Article 59.
Verification of facts involved in administrative violation cases or matters
1. When considering
issuance of the decision on imposition of administrative penalties, if
necessary, the person having authority to impose penalties shall be responsible
for verifying these following facts:
a) Cases that whether or
not administrative violations have occurred;
b) Violating individuals
or organizations, errors, personal identities of violators;
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d) Nature and extent of
damage caused by administrative violations;
dd) Cases where the
decisions on imposition of administrative penalties are not issued according to
regulations of Clause 1 Article 65 of this Law;
e) Other facts which are
meaningful to consideration, decisions on imposition of administrative
penalties.
When considering and
issuing the decision on imposition of administrative penalties, the person
having authority to impose penalties may solicit expertise. The expertise
solicitation shall comply with regulations of the law on expertise.
2. Verification of facts
involved in administrative violation cases or matters shall be made in writing.
1. In case it is
necessary to determine the value of exhibits or means [96] used for committing
administrative violations to serve as a basis for determination of fine
brackets, authority to impose penalties, the competent persons who are handling
cases shall determine the value of such exhibits or means [97] and be responsible for such determination.
2. Depending on the
specific exhibit or mean [98], the determination shall be based on one
of the grounds in the following priority order:
a) Price listed or stated
in the contract or invoice or import declaration;
b) Price according to the
notification of local financial agencies; in case of no notification, the price
shall be based on the local market price at the time when administrative
violations occur;
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d) With regard to exhibit
or mean [100] that is a fake product, the price of such exhibit or mean [101]
is the market price of the real product or product with the same functions and
technology at the time and place when and where administrative violations are
detected.
3. If there is no basis
to apply regulations in Clause 2 of this Article to determine the value of
exhibits or means [102] used for committing administrative violations as
a basis for determination of fine brackets, authority to impose penalties, the
competent persons who are handling cases can issue decisions on
impoundment of exhibits or means [103] used for committing
administrative violations and establish an Appraisal Council. The Appraisal
Council includes the Chairman who issues the decision on impoundment of
exhibits/means [104] and members including the representative of the
financial agency at the same level and the representatives of relevant
professional agencies.
The period for
impoundment of exhibits or means[105] for determination of the
value is not more than 48 hours [106] from
the time in which the decision on impoundment is issued, if necessary, the
period may be extended but must not exceed 48 hours[107]. All costs of
impoundment, valuation and damage caused by the impoundment shall be paid
by the agency in charge of person having authority to issue the decision on
impoundment. Procedures and records of impoundment shall comply with
regulations in [108] Article 125 of this Law.
4. The basis for
determination of the value and documents related to the determination of the
value of exhibits/means [109] shall be stated in the dossier on
imposition of administrative penalties.
Article
61. Explanations [110]
1. With
regard to administrative violations, according to regulations of law, subject
to penalties including suspension of licenses/practicing certificates or
operations for fixed periods, or imposition of the maximum limit of the fine
bracket which starts from VND 15.000.000 or more upon an individual, or which
starts from VND 30.000.000 or more upon an organization, the violating
individual or organization shall have the rights to give explanations directly
or in writing to persons having authority to impose penalties. Persons having
authority to impose penalties shall be responsible to take into consideration
explanations of violating individuals, organizations before making decisions on
imposition of penalties, 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 shall
send written explanations to persons having authority to impose administrative
penalties within 05 working days from the issue date of administrative
violation records.
Where a violation case
involves many complicated facts, persons having authority to impose penalties
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 authority to impose
penalties must be documented.
Violating individuals and
organizations can, by themselves, or authorize their legal representatives to,
give written explanations.
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The person having
authority to impose penalties shall 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
authority to impose penalties holds a direct explanation session and is
responsible for presenting legal bases, facts and evidences related to the
administrative violation, penalties, and expected remedial measures. The
violating individual, 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 dossier on imposition of
administrative penalties and the violating individual, organization or their
legal representative must keep 01 copy.
4. In case violating
individuals and organizations 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 impose penalties shall be responsible
to consider the explanations of the violating individuals or organizations.
5. The Government
elaborates this Article.
Article
62. Transfer of dossiers on administrative violations suspected of crimes for
criminal prosecution
1. In the process of
consideration of violation for imposition of a penalty, in case of suspicion of
a crime, the person having authority to impose the penalty shall immediately
transfer the dossier on the violation to the competent authority entitled to
pursue criminal proceeding [111].
2. During the process of
execution of the decision on imposition of administrative penalties, in case
the violation is suspected of a crime while the prescriptive period for
criminal prosecution has not expired, the person who issues the decision on
imposition of administrative penalties shall issue a decision on suspension of
execution of such decision and within 03 days, from the suspension date, he/she
shall transfer the dossier on violation to the competent authority entitled to
pursue criminal proceeding[112]; in case the decision on imposition of
administrative penalties is completed, the person who issues such decision
shall transfer the dossier on violation to the competent authority entitled to
pursue criminal proceeding[113].
3. The competent
authority entitled to pursue criminal proceeding[114] shall be
responsible for considering, concluding the case and replying with the result
in writing to the competent person who has transferred the dossier within the
period according to regulations of law on criminal procedure; if there is a
decision not to institute criminal proceedings, within 03 days from the date of
issuance of such decision, the competent authority entitled to pursue criminal
proceeding[115] shall return the dossier on violation case to the
competent person who has transferred the dossier.
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4. The transfer of the
dossier on violations suspected of crimes shall be informed in writing to
violating individuals and organizations [118].
Article
63. Transfer of dossier on violations for imposition of administrative
penalties
1.[119]
With regard to legal matters or cases that are accepted and settled by
competent authorities entitled to pursue criminal proceedings which then issue
the decisions not to institute criminal proceedings, the decisions to annul 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 judgments, if the acts involved
in such matters or cases show any sign of administrative violation, they shall
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 authority to
impose penalties within the duration of 03 working days from the effective
dates of these decisions.
2. [120] Imposition
of administrative violations shall be based on information shown in dossiers
and records of administrative violations sent by authorities specified in
Clause 1 of this Article. Where it is necessary to further verify involved
facts to have a basis to issue decisions on imposition of penalties, persons
having authority to impose penalties may make records of verification of facts
involved in administrative violation cases or matters under the regulations of
Article 59 herein.”.
3. The limitation period
for issuance of the decision on imposition of administrative penalties is 30 days,
from the date of receiving decisions specified in Clause 1 of this Article
together with the dossiers on violations. In case of further verification
specified in Clause 2 of this Article, the maximum period is not over 45 days.
Article
64. Detection of administrative violations by using technical and professional
means and equipment [121]
1.
Authorities and persons having authority to impose administrative penalties,
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, radio frequencies [122] as well as other areas
regulated by the Government after obtaining the consent from the National
Assembly’s Standing Committee.
2. The
management, use and regulation of the list of technical and professional means
and equipment shall 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;
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c)
Findings obtained by using professional technical devices and equipment shall
be recorded in writing and can only be used for imposition of administrative
penalties;
d)
Technical and professional means and equipment shall satisfy technical
standards and regulations and shall have been inspected, calibrated and tested
in accordance with laws; technical regulations and standards shall 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 shall 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;
b)
Findings obtained by using professional technical means and equipment are used
for imposition of administrative penalties only on condition that they meet
requirements and conditions prescribed in Clause 2 of this Article;
c)
Whenever receiving findings obtained by using professional technical means,
equipment, the persons having authority to impose administrative penalties
shall quickly identify violating organizations and individuals and send them
written notices.
In case
violating individuals and organizations are identified, competent persons shall
make records of administrative violations according to regulations of Article
58 of this Law and findings obtained by using professional technical means,
equipment shall be enclosed with the records of administrative violations;
d)
Findings obtained by using professional technical devices and equipment must be
properly deposited and stored in dossiers on imposition of administrative
penalties.
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.
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Article
65. Exceptions to administrative penalties
1. Exceptions to
administrative penalties:
a) Cases specified in
Article 11 of this Law;
b) Violators cannot be
identified;
c) The limitation period
for imposition of administrative penalties specified in Article 6 or issuance
of the decision on imposition of administrative penalties specified in Clause 3
of Article 63 or Clause 1 of Article 66 of this Law expires;
d) Violating individuals
are dead or missing, violating organizations have been dissolved or gone
bankrupt within the period of consideration for issuance of decisions on
imposition of penalties;
dd) Transferring the
dossiers on violations suspected of crimes according to regulations of Article
62 of this Law.
2.[123]
As for administrative violations specified at points a, b, c and d of
Clause 1 of this Article, though competent persons do not issue decisions on
imposition of administrative penalties, they shall issue decisions to
confiscate exhibits and means used for commission of administrative violations
in the event that such exhibits 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 measures prescribed by laws.
Each
decision shall clearly state the reasons for not issuing decisions on
imposition of penalties; exhibits and means used for commission of
administrative violations which are confiscated; remedial measures to be
imposed, responsibilities and duration of implementation of such measures.
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Article
66. Limitation periods for issuance of decisions on imposition of
administrative penalties [124]
1.
Limitation period for issuance of decisions on imposition of
administrative penalties shall be regulated as follows:
a) With
regard to the cases or matters not covered by points b and c of this Clause,
the limitation period for issuing a decision on imposition of penalties shall
be 07 working days from the date of making a written record of administrative
violation; With regard to cases or matters where documents thereof shall be
transferred to persons having authority to impose penalties, the limitation
period for issuing a decision on imposition of penalties 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) With
regard to 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 decision on imposition of
penalties shall be 01 month from the date of making and issuing an
administrative violation record;
c) With
regard to 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 decision on imposition of penalties shall be 02 months
from the date of making and issuing an administrative violation record.
2. If persons having
authority to impose administrative penalties, involved individuals and
organizations defer issuing decisions on imposition of penalties after expiry
of the limitation period through their fault, they shall be subject to
penalties under laws".
Article
67. Issuance of decisions on imposition of administrative penalties
1. In case a single
individual/organization imposed with penalties for multiple violations
simultaneously, issue one decision on imposition of penalties which dictates
penalty and fine for each administrative violation.
2. In case multiple
individuals and organizations commit a single administrative violation, may
issue one or many decisions on imposition of penalties which dictate penalty
and fine for each violating individual and organization.
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4. The decision on
imposition of penalties comes into force from the day on
which it is signed, unless the different effective date is provided in the
decision.
Article
68. Contents of decisions on imposition of administrative penalties
1. A decision shall
include the following contents:
a) Location and date of
issuance;
b) Legal basis;
c) Record of
administrative violation(s), result of verification, written explanation of the
violating individual or organization or minute of explanatory meeting session
and other documents (if any);
d) Full name, position of
person who issues the decision;
dd) Full name, address,
occupation of the violator or name, address of the violating organization and
full name, position of the representative of such organization according to
regulations of law [125];
e) Violation(s),
extenuating and aggravating circumstances;
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h) Main penalty,
additional penalty and remedial measure (if any);
i) Right to complain
about, initiate lawsuits against the decision;
k) Effect of the
decision, limitation period and place of execution of the decision, place of
fine payment;
l) Full name, signature
of the person who issues the decision;
m) Responsibility for and
enforcement of execution of the decision in case the violating individual or
organization does not voluntarily execute the decision.
2. The time limit for
execution of the decision is 10 days, from the date of receiving the decision;
if the decision states the time limit which is more than 10 days, the decision
shall be executed within such time limit.
3. In case of issuance of
a decision on imposition of penalties to many individuals and organizations
committing an violation or many individuals and organizations committing many
different violations in the same violation case, the violation(s), penalty and
fine for each individual, organization shall be identified in a specific and
clear manner.
Article
2. EXECUTION OF DECISION ON IMPOSITION OF PENALTIES
Article
69. Execution of the decisions on imposition of administrative penalties
without violation records
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2. The violating
individuals and organizations pay fines on the spot to persons who have
authority to impose administrative penalties. The fine collectors shall give
documents on fine collection to fine payers and, within 02 working days from
the date in which such fines are collected, submit the fines to State Treasury
or State Treasury's account in person.
In case violating
individuals and organizations are incapable of submitting fines on the spot,
they shall submit fines to State Treasury or State Treasury's account according
to decisions on imposition of administrative penalties within the period
specified in Clause 1 Article 78 of this Law.
Article
70. Sending decisions on imposition of administrative penalties for execution
Within 02 working days
from the date of issuance of the decisions on imposition of administrative
penalties with violation records, competent persons who have issued such
decisions shall send them to penalized individuals or organizations, fine
collectors and other relevant agencies (if any) for execution.
Decisions on imposition
of administrative penalties shall be sent in person or by post in the form
of the registered mail to penalized individuals and organization, and at the
same time they shall be informed about such decisions.
If a decision is sent in
person but violating organization or individual deliberately ignores it, the
competent person shall make a record of refusal to receive the decision
attested by the local authority and, to such extent, the decision shall be
deemed as sent and received.
With respect to the
decision which is sent by post in the form of the registered mail, if the
violating individual or organization deliberately ignores it after 10 days from
the date in which the decision is sent by post till the third time and
returned; if the decision has been posted at the residence of the violating
person, the office of the violating entity, or it is established that the
violating individual or organization evades receiving the decision, the
decision shall be deemed as sent and received.
Article
71. Transfer of decisions on imposition of administrative penalties for
execution
1. In case an
administrative violation occurs in a province but the violating individual
resides or the violating organization is located at another province, and the
violating individual or organization is unable to execute the decision at the
place where he/she/it incurs the penalty, the decision on imposition of
administrative penalties shall be transferred 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, such decision shall be transferred to the district-level People's
Committee for execution.
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3.[127] Authorities governing persons who already
issue the 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 the decisions for the purpose of execution thereof in
accordance with this Law. Exhibits and/or means used for committing
administrative violations which have been temporarily impounded or confiscated
(if any) shall be transferred to authorities receiving the decisions for
execution, except exhibits which are live animals, plants; goods or items which
are perishable or difficult to preserve according to regulations of laws and
several other types of property regulated by the Government.
Violating individuals or
organizations shall be liable for costs and expenses incurred from transfer of
documents, exhibits or means used for commission of administrative violations.
Article
72. Release of imposition of administrative penalties for
violating individuals and organizations on mass media
1. In case administrative
violations against regulations on food safety; product and goods quality;
pharmacy; medical treatment and examination; labor; construction; social
insurance; health insurance; environmental protection; tax; securities;
intellectual property; measurement; production and/or trade in counterfeit
goods cause adverse consequences or impacts on social opinion, agencies of
persons having authority to impose administrative penalties shall release
imposition of administrative penalties.
2. The released contents
shall include violating individuals or organizations, administrative
violations, penalties and remedial measures.
3. The imposition of
administrative penalties shall be released on websites or news of
ministerial-level, department-level management agencies or the People’s
Committees of provinces where administrative violations occur.
Article
73. Execution of decisions on imposition of administrative penalties
1. Penalized individual
or organization shall execute the decision on imposition of administrative
penalties within 10 days from the date of receiving such decision; if the
decision states the time limit which is more than 10 days, the decision shall
be executed within such time limit.
In case penalized
individual or organization complains about or initiates lawsuits on the
decision, he/she shall execute the decision, except for cases specified in
Clause 3 Article 15 of this Law. Complaints and lawsuits shall be settled as prescribed
by law.
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Article
74. Limitation period for execution of decisions on imposition of
administrative penalties
1. [128]
Limitation period for execution of a decision on imposition of penalties is 01
year from the date of issuance of such decision. After expiry, execution of
such decision shall not be needed any more, except if the decision prescribes a
penalty imposed in a form of confiscation of exhibits and means used for
committing administrative violations, and remedial measures.”.
2. If penalized
individuals or organizations deliberately evade or
postpone, the limitation period shall be re-calculated from the time of
termination of the acts of evading or postponing
Article 75. Execution
of decisions on imposition of administrative penalties in case penalized persons die, go missing or
penalized organizations dissolve or go bankrupt
In case a penalized
person dies or goes missing or a penalized organization dissolves or goes
bankrupt, it is not required to execute the decision on imposition of fines,
but the penalty in a form of confiscation of exhibits and means used for
committing administrative violations, and remedial measures stated in the
decision shall be imposed.
The Government elaborates
this Article.
Article
76. Adjournment of execution of decisions on imposition of fines [129]
1.
Adjournment of execution of the decision on imposition of fines shall be
required if the following conditions are fully met:
a) The
violating individual is fined VND 2.000.000 or more, or the violating
organization is fined VND 100.000.000 or more;
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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 is facing 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.
2.
Violating individuals and organizations shall send written requests for
adjournment of execution of decisions on imposition of fines,
enclosing written certifications of competent authorities or organizations
according to Clause 1 of this Article to persons who have issued these decisions
within the limitation period specified in Clause 2 of Article 68 herein. Within
05 working days of receipt of these requests, persons already issuing decisions
on imposition of fines shall consider issuing decisions on adjournment of these
decisions.
The term
of adjournment of execution of such decisions shall not be longer than 03
months from the date of issuance of adjournment issuance.
3. Violating individuals
or organizations granted permission to adjourn the execution of decisions on
imposition of penalties may take back their document, exhibits or means used
for commission of administrative violations which are temporarily impounded
under regulations of Clause 6 of Article 125 herein
Article
77. Fine reduction or exemption [130]
1. The
reduction in a part of the fine specified in the decision on imposition of
fines against the violating individual and organization that have already
obtained permission for adjournment of execution of the decision according to
the regulations 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.
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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;
b)
He/she already pays the fine in the first or second installment in case of
being permitted to make installment payment of the fine under regulations of
Article 79 herein, but is still 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.
3. The
violating organization shall be exempt from payment of the residual amount of
fine stated in the decision on imposition of administrative penalties 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 regulations of
Article 79 herein;
b)
Additional penalties and remedial measures stated in decisions on imposition of
administrative penalties have been completely executed;
c) The
violating organization continues to face special or unexpected 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 decision on imposition of administrative penalties due to
his/her incapability of enforcing or executing such decision if one of the
following situations occurs:
a)
Despite being granted the adjournment of execution of the decision on
imposition of fines as prescribed in Article 76 of this Law, he/she continues
to face economic difficulties 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.
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a)
Adjournment of execution of the decision on imposition of fines prescribed
under Article 76 herein has been granted;
b)
Additional penalties and remedial measures stated in decisions on imposition of
administrative penalties have been completely executed;
c) The
violating organization continues to face special or unexpected 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 shall file written petitions for the
fine reduction or exemption, enclosing the certification of the competent
authority, as prescribed in Clauses 1, 2, 3, 4 and 5 of this Article to persons
issuing the decisions on imposition of administrative penalties. Within the
duration of 05 working days of receipt of these petitions, the persons issuing
such decisions shall 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 shall be stated.
7. Individuals or
organizations granted fine reduction or exemption may claim back their
documents, exhibits or means which have been impounded according to regulations
of Clause 6 of Article 125 in this Law.”.
Article
78. Procedures for paying fines
1.
[131] Within the time limit for execution of the decision on imposition
of penalties specified in Clause 2 of Article 68 or Clause 2 of Article 79 of
this Law, penalized individuals and organizations shall pay fines at the State
Treasury or into the State Treasury's account specified in each decision,
except if the fine has already been paid under regulations of Clause 2 of this
Article. Upon expiry of the above period, they shall be forced to execute the
decision on imposition of administrative penalties and, for each day exceeding
the period, the violating individual or organization shall pay an additional
amount accounting for 0.05% of the total outstanding fine.
2. In remote areas,
border areas and mountainous areas that cause distance challenges, penalized
individuals or organizations may pay fines for persons having authority to
impose penalties. Persons having authority to impose penalties shall collect
fines on the spot, and within 07 working days from the date in which the fines
are collected, submit the fines to State Treasury or State Treasury’s account.
In case penalties are
imposed at sea or outside administrative working hours, persons having
authority to impose penalties may collect fines on the spot, within 02 working
days from the date in which the fines are collected or they come ashore, and
shall submit the fines to State Treasury or State Treasury’s account.
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When collecting fines,
the fine collectors shall give documents on fine collection to fine payers.
4. The Government
elaborates this Article.
Article
79. Installment payment of fines
1. [132]
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;
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 violating organization 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.
2. The duration of
installment payment of fines is 06 months from the effective date of the
decision on imposition of fines; the maximum number of installments is 03.
The violating individual
or organization shall pay at least 40% of the total fine for the first
installment
3. The person who has
issued the decision on imposition of fines, has right to decide installment
payment of fines. The decision on installment payment of fines shall be made in
writing.
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1. In case of suspension
of licenses/practicing certificates for fixed periods stated in the decisions
on imposition of administrative penalties, persons having authority to impose
penalties shall collect and keep licenses/practicing certificates and notify
immediately agencies that have granted such licenses/practicing certificates.
When the time limit for suspension of license/practicing certificate stated in
the decision on imposition of administrative penalties is over, person(s)
having authority to impose penalties shall hand over such license/practicing
certificate to individual or organization whose license/practicing certificate
has previously been suspended.
2. In case of suspension
of operations for fixed periods, violating individuals or organizations shall
partially or entirely suspend business or other operations stated in the
decision on imposition of administrative penalties.
3. Within the time limit
for suspension of licenses/practicing certificates or operations for fixed
periods, the businesses shall not conduct activities stated in decisions on
imposition of administrative penalties.
4. With regard to cases
specified in Clause 1 and Clause 2 of this Article, if the businesses have the
actual possibility of causing serious consequences to the life, human health
and environment, competent persons shall notify in writing suspension of
licenses/practicing certificates or operations for fixed periods to relevant
agencies.
5.[133] In case of
discovering licenses or practicing certificates being issued ultra vires, or
containing illegal information, persons having authority to impose penalties
shall impound 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 shall be transferred to regulatory
authorities or persons issuing them to be further processed according to
regulations of the laws, and notify this to the violating individuals or
organizations
Article
81. Procedures for confiscation of exhibits and/or means used for committing
administrative violations
1. When confiscating
exhibits and/or means used for committing administrative violations as
prescribed in Article 26 of this Law, persons having authority to impose
penalties shall make the records thereof. A record shall clearly state name,
quantity, category, registration number (if any), conditions, quality of
confiscated articles, money, goods, and/or means and have signatures of the
person performing confiscation, penalized individual or representative of
penalized organization and the witness(es); if the penalized individual or the
representative of penalized organization is
absent, there must be two witnesses. In order to attach
security seal on exhibits and/or means used for administrative violations, such
sealing activity shall be witnessed by the penalized individuals or the
representatives of the penalized organizations or the witnesses. The sealing
shall be recorded.
With regard to
exhibit/mean used for committing administrative violation which is impounded,
if the person having authority to impose the penalty finds that the
exhibit/mean has changed compared to when the decision on impoundment was
issued, they shall make a record of such change; the record shall have
signatures of the record maker, the person in charge of impoundment and the
witness.
2. Confiscated exhibits
and/or means of administrative violations shall be managed and preserved under
regulations of the Government.
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Article 82. [135] (annulled)
Article
83. Management of money collected from imposition of penalties for administrative
violations, documents on collection and payment of fines
1. Money collected from
imposition of penalties for administrative violations includes administrative
fines, interest on late execution of decisions on imposition of fines, gains
from sale or liquidation of confiscated exhibits/means used for committing
administrative violations and other amounts.
2. All money collected
from imposition of penalties for administrative violations shall be submitted
to the State budget, managed and used in accordance with regulations of law on
State budget.
Documents on collection
and payment of fines shall be managed according to regulations of the
Government
Article
84. Procedures for deportation
1. Decision on
deportation shall be notified before execution to the Ministry of Foreign
Affairs, the diplomatic mission and the consular mission of the
country of which the deported person is citizen or of country where that person
has resided before entering Vietnam.
2. The competent police
agency shall execute the decision on deportation, impose preventive measures
and ensure handling of administrative violations specified in Chapter I, Part
IV of this Law.
Article
85. Imposition of remedial measures
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2. Violating individual
or organization shall implement remedial measures stated in the decision
according to regulations of law and be liable for implementation of those
remedial measures.
3. The person having
authority to issue the decision shall monitor, urge and inspect the
implementation of remedial measures by the individual or organization.
4. In case it is not
possible to identify the violator as prescribed in Clause 2 Article 65 of this
Law or violating individual is dead or missing or violating organization has
been dissolved or gone bankrupt and there is no organization which receives
transfer of rights and obligations as prescribed in Article 75 of this Law, an
agency where a person who has authority to impose penalties is handling the
dossier on administrative violation shall organize implementation of remedial
measures specified in Clause 1, Article 28 of this Law.
Expenses for
implementation of remedial measures which the agency of person who has
authority to impose penalties has issued the decision on
implementation shall be covered by reserve budget source allocated to such
agency.
5. With regard to
emergency case where it is required to immediately overcome consequences in
order to protect environment and ensure traffic, an agency where a person who
has authority to impose penalties is handling the dossier on administrative
violation shall organize implementation of remedial measures. Violating
individuals and organizations shall repay expenses to agencies that have
implemented remedial measures, in case of refusal of repayment, they shall be
forced to repay such expenses.
Section 3. ENFORCEMENT
OF EXECUTION OF DECISION ON IMPOSITION OF ADMINISTRATIVE PENALTIES
Article 86.
Enforcement of execution of the decision on imposition of administrative
penalties
1.
[136] Enforcement of execution of the decision on imposition of
administrative penalties shall be needed in the following cases:
a) The
individual or organization subject to the decision on imposition of
administrative penalties fails to voluntarily execute the decision as provided
in Article 73 herein;
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2. Enforcement measures
include:
a) Deduction from salary
or income, and money from account of violating individual or organization;
b) Distrainment of
property whose value is equal to a fine for auction;
c) Collection of money or property of obliged individual or
organization for execution of decision on imposition of administrative
penalties, which is kept by another individual or organization in case the
individual or organization deliberately disperses such money or property after
he/she/it commits violation(s).
d) Enforced
implementation of remedial measures mentioned in Clause 1 Article 28 of this
Law.
3. The Government
elaborates enforcement of execution of decision on imposition of administrative
penalties.
Article
87. Authority to issue enforcement decisions [137]
1. The
following persons have the authority to issue enforcement decisions:
a)
Chairperson of the People’s Committee at any level;
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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;
k)
Titles of authority prescribed in Clauses 2, 3 and 4 of Article 46 herein;
l)
Director of Maritime Administration, Director of Airports Authority, Director
of Inland Waterway Port Authority;
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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 shall be documented in decisions under which the scope, details of
delegated authority and term of delegated authority shall be clarified. Authorized
deputies shall 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. Competent persons of
authorities receiving and organizing the implementation of decisions on
imposition of administrative penalties 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 decisions on
imposition of administrative penalties.
Article
88. Execution of decisions on enforcement
1.[138]
Within the duration of 02 working days from the date of issuance of decisions
on enforcement of execution of decisions on imposition of administrative
penalties, persons issuing such decisions shall send these decisions to the
obliged persons or entities, law enforcement entities, organizations and
persons or entities involved.
Persons issuing
enforcement decisions shall organize the enforcement of execution of decisions
on imposition of administrative penalties under their and their subordinate’s
jurisdiction.
Sending
enforcement decisions to relevant individuals and organizations shall conform
to regulations laid down in Article 70 herein.
Enforcement decisions
shall be executed promptly when obliged individuals or organizations receive
enforcement decisions.”;
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2a. .[139] 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 decision on imposition of administrative penalties prescribes the
imposition of a penalty in a form of confiscation of administrative violation
exhibit and mean, and imposition of remedial measures.”;
3. Responsibilities of
agencies and organizations for cooperation in execution of enforcement
decisions:
a) Relevant individuals
and organizations shall have obligation to cooperate with competent persons who
issue enforcement decisions in implementing measures to execute enforcement decisions;
b) The People Police
Forces shall ensure order and safety in the process of execution of enforcement
decisions by the Chairperson of the People’s Committee at the same level or
enforcement decisions by other state agencies as required;
c)[140] Credit
institutions, State Treasuries, foreign bank branches where obliged individuals
and organizations open their accounts shall provide information on conditions
for execution of decisions on imposition of administrative penalties 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
shall 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 shall 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 obliged individuals or organizations of such transfer; Such
mandatory transfer does not need the consent given by the obliged individuals
or organizations.
The Government elaborates
this point.
Part
three
IMPOSITION OF ADMINISTRATIVE HANDLING
MEASURES
Chapter
I
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Article
89. Compulsory education in the community
1. Compulsory education
in the community is an administrative handling measure applicable to violators
specified in Article 90 of this Article with a view to educating and managing
them at their residence in case it is not necessary to isolate them from
community.
2. The duration of
imposition of this measure is from 03 to 06 months.
Article 90. Violators
subject to compulsory education in the community [141]
1. Persons aged between
12 years and under 14 years who commit acts suspected to be very serious
intentional crimes defined in the Criminal Code.
2. Persons aged between
14 years and under 16 years who commit acts suspected to be serious intentional
crimes defined in the Criminal Code.
3. Persons aged between
14 years and under 16 years who have incurred administrative penalties 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 incurred administrative penalties twice,
and on whom an 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 incurred administrative penalties twice, and on whom an
administrative violation record is issued at the third attempt within 06
months, for the act of illegally using narcotic substances.
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7. Persons defined in
Clauses 1, 2, 3, 4, and persons aged between 14 years and under 18 years
specified in Clause 5 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 “compulsory education in the community” measure.
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.”.
Article
91. Sending violators to reform schools
1. Sending violators to
reform schools is an administrative handling measure applicable to violators
specified in Article 92 of this Law with a view to helping them to receive
general education, vocational education, work and engage in activities of daily
living under management and education by schools.
2. The duration of
imposition of this measure shall be from 06 – 24 months.
Article 92. Violators
subject to the penalty of being compulsorily sent to reform schools [142]
1.
Persons aged between 12 years and under 14 years who commit acts suspected to
be extremely serious crimes defined in the Criminal Code.
2.
Persons aged between 14 years and under 16 years who commit acts suspected to
be very or extremely serious crimes defined in the Criminal Code, except for those crimes specified in Clause 2 of
Article 12 in the Criminal Code.
3.
Persons aged between 14 years and under 16 years who commit one of the acts
prescribed in Clauses 2 and 3 of Article 90 herein, and are already subject to
the penalty of compulsory education in the community before.
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5.
Exemption from the penalty of being compulsorily sent to reform schools shall
be granted in the following cases:
a)
Persons 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.”
Article
93. Sending violators to compulsory educational establishments
1. Sending violators to
compulsory educational establishments is an administrative handling measure
applicable to violators specified in Article 94 of this Law with a view to
helping them to receive general education, vocational education, work and
engage in activities of daily living under management by compulsory educational
establishments.
2. The time limit for
imposition of this measure shall be from 06 – 24 months.
Article
94. Violators subject to the penalty of being compulsorily sent to compulsory educational establishments
1. [143] Violators
subject to the penalty of being compulsorily sent to compulsory 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 penalty of compulsory
education in the community before.
2. Exemption from the
penalty of being compulsorily sent to compulsory educational establishments
shall be granted in the following cases:
a) Persons are incapable
of fulfilling administrative liabilities;
b) Minors;
c) Women aged 55 years or
older and men aged 60 years or older;
d) Pregnant persons
obtaining health certificates from healthcare establishments at the district or
higher level [144];
dd) 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.”
Article
95. Sending drug addicts to compulsory
rehabilitation centers
1. Sending drug addicts
to compulsory rehabilitation centers is an administrative handling measure
applicable to drug addicts specified in Article 96 of this Law with a view to
helping them to receive medical treatment, general education and vocational
education, and work under management by compulsory
rehabilitation centers.
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Article 96. Violators
subject to the penalty of being compulsorily sent to compulsory
rehabilitation centers
1.[145]
Drug addicts aged 18 years or older who fall within the case in which they
are subject to the penalty of being sent to compulsory rehabilitation centers
according to regulations of the Law on Prevention and Control of Narcotic
Substances.
2. Exemption from the
penalty of being compulsorily sent to compulsory rehabilitation centers
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 [146];
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.”
Chapter
II
PROCEDURES FOR MAKING APPLICATION FOR
IMPOSITION OF ADMINISTRATIVE HANDLING MEASURES.
Article
97. Making application for imposition of “compulsory education in the
community” measure.
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2. With regard to
violators who are involved in cases of breach of laws that are directly
detected, investigated and entertained or accepted by the district- or
provincial-level Police and classified as those defined in Article 90 of this
Law but not liable to criminal prosecutions, police agencies currently
accepting the handling of these cases shall verify, collect documents and make
applications for imposition of “compulsory education in the community” measure.
3. An application
includes résumé; written documents on violation(s); medical record (if any), a
report of the violator and other relevant documents;
With regard to a minor
who is considered for imposition of “compulsory education in the community”
measure, the application shall have remarks of school, agency, organization
where such minor is studying or working (if any), and comments of his/her parents
or guardian.
4. [147] Authorities
making applications specified in Clauses 1 and 2 of this Article shall take
responsibility for the legality of such applications. After completely making
applications, authorities making such applications shall notify persons
affected by requests for imposition of this measure or their legal
representatives of making of applications; with regard to minors, they shall
also notify their parents or guardians of making of applications. These persons
shall have the right to read applications and keep record of necessary
information within 03 working days of receipt of such notification.”.
Article
98. Decision on imposition of “compulsory education in the community” measure;
1.[148]
Within 01 working day after expiry of the time limit for reading applications
specified in Clause 4 of Article 97 of this Law, authorities making
applications that are prescribed in Clauses 1 and 2 of Article 97 herein shall
send such applications to the Chairpersons of the commune-level People's
Committees.
Within 07 working days of
receipt of these applications, the Chairpersons of the 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 imposition of “compulsory education in the community” measure,
legal representatives, parents and guardians of the minors shall be invited to
these meetings and have the rights to express their opinions on imposition of
the measure.
2. Within 02 working days
[149] from the date of the end of consultation meeting specified in
Clause 1 of this Article, the Chairpersons of the commune-level People's
Committees shall consider and decide imposition of the “compulsory education in
the community” measure. Depending on each violator, the Chairperson of the
commune-level People’s Committee shall send violators subject to compulsory
education to agencies, organizations, their family for management and
education; in case these violators have no stable residence, they shall be sent
to social relief establishments or children assistance establishments for
management and education.
3. Decision on imposition
of “compulsory education in the community” measure shall clearly state date of
issuance; full name and position of the decision issuer; full name, date of
birth and residence of the educated person; his/her violation(s); Articles and
Clauses of legal documents to be applied; the time limit for imposition, the
date of execution; responsibility of the agency, organization or the family
that is assigned to educate and manage the violator; right to complaint and
initiate lawsuits as prescribed by law.
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5. The document on
imposition of this measure shall be numbered and stored in accordance with
regulations of the law on archives.
Article
99. Making application for imposition of "sending violators to reform
schools" measure
1. Making application for
imposition of the "sending violators to reform schools" measure on
each person specified in Article 92 of this Law shall comply with the following
regulations:
a) With regard to a
violating minor having stable residence, the Chairperson of the People's
Committee of commune where such minor is residing shall make application for
imposition of "sending violators to reform schools" measure;
An application includes
résumé; documents on the minor’s violation(s); education measure which has been
imposed; the report of the minor and opinions from his/her parents or legal
representative, opinions from the school where the minor is studying, or the
organization or the agency where the minor is working (if any) and other
relevant documents or records;
b) With regard to a
violating minor not having stable residence, the Chairperson of the People's
Committee of commune where such minor commits violation(s) shall make an
application for imposition of the "sending violators to reform
schools" measure;
An application includes
violation record; résumé; documents on the minor’s violation(s); extract of previous
conviction(s); education measure which has been imposed (if any); the report of
the minor and opinions from his/her parents or legal representative;
c) Commune-level Police
shall be responsible for assisting Chairpersons of the People's Committees at
the same level to collect documents and make applications as specified at
points a and b of Clause 1 of this Article.
2. With regard to
violating minors who are involved in cases of breach of laws that are directly
detected, investigated and entertained or accepted by the district- or
provincial-level Police and classified as those defined in Article 92 of this
Law but not liable to criminal prosecutions, police agencies currently
accepting the handling of these cases shall verify, collect documents and make
applications for imposition of "sending violators to reform schools"
measure.
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3. [150] Authorities
making applications specified in Clauses 1 and 2 of this Article shall be
responsible for the legality of applications. After completely making
applications, authorities making such applications shall notify persons
affected by requests for imposition of this measure or their legal
representatives of making of applications. These persons shall have the right
to read applications and keep record of necessary information within 03 working
days of receipt of such notification.”.
Article 100.
Consideration and decision to transfer applications to petition the district-level People's Courts to impose
"sending violators to reform schools" measure
1. [151] Within 01
working day after expiry of the time limit for reading application specified in
Clause 3 of Article 99 of this Law, Chairperson of the commune-level People’s
Committee shall send such application to Chief of district-level Police Within
02 working days of receipt of the application, the Chief of the district-level
Police can decide to transfer such application to petition the district-level
People's Court to impose "sending violators to reform schools"
measure. If the application is incomplete, the Chief of the district-level
Police shall give it back to authority making such application; the time limit
for provision of additional documents to make it complete shall be 02 working
days of receipt of the returned application. Within 02 working days of receipt
of the updated application, Chief of the district-level Police can decide to
transfer such application to petition the district-level People's Court to
impose "sending violators to reform schools" measure.
Within 01 working days
after expiry of the time limit for reading applications 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 applications to
petition the People's Courts of the districts where persons affected by
requests for imposition of the measure commit violations to seek their judgment
on imposition of "sending violators to reform schools" measure.
2. An application for
consideration and decision to impose “"sending violators to reform
schools" measure by the People's Court of the district includes:
a) An application for
imposition of "sending violators to reform schools" measure specified
in Article 99 of this Law;
b) Document of Chief of
the district-level Police or Director of provincial Police Department [152] on
request for consideration of imposition of "sending violators to reform
schools" measure.
3. The application for
imposition of "sending violators to reform schools" measure shall be
numbered and stored in accordance with regulations of the law on archives.
Article
101. Making application for imposition of "sending violators to compulsory
educational establishments" measure
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a) With regard to a
violator having stable residence, the Chairperson of the commune-level People's
Committee where such violator is residing shall make an application for imposition
of "sending violators to compulsory educational establishments"
measure;
An application includes
résumé; documents on the minor’s violation(s); “compulsory education in the
community” measure which has been imposed; the report of the violator and
his/her legal representative and other relevant documents;
b) With regard to a
violator who does not reside at the place where he/she commits administrative
violation(s), the Chairperson of the commune-level People's Committee shall
make verification; in case the residence is defined, such person shall be
transferred to his/her residence for handling; in case the residence is not
defined, the application for imposition of "sending violators to
compulsory educational establishments" measure shall be made.
An application includes
violation record; résumé; documents on the violator’s violation(s); extract of
previous conviction(s); education measure which has been imposed (if any); the
report of the violator or his/her legal representative;
c) Commune-level Police
shall be responsible for assisting Chairperson of the People's Committee at the
same level to collect documents and make application as specified at points a
and b of Clause 1 of this Article.
2. With regard to
violators who are involved in cases of breach of laws that are directly
detected, investigated and entertained or accepted by the district- or
provincial-level Police and classified as those defined in Article 94 of this
Law but not liable to criminal prosecutions, police agencies currently accepting
the handling of these cases shall verify, collect documents and make
applications for imposition of "sending violators to compulsory
educational establishments" measure.
An application includes
résumé; documents on the minor’s violation(s); “compulsory education in the
community” measure which has been imposed; the report of the violator and
his/her legal representative.
3.
[153] Authorities making applications specified in Clauses 1 and 2 of
this Article shall take responsibility for the legality of such applications. After
completely making applications, authorities making such applications shall
notify persons affected by requests for imposition of this measure or their
legal representatives of making of applications. These persons shall have the
right to read applications and keep record of necessary information within 03
working days of receipt of such notification.
Article
102. Consideration and decision to transfer application to petition the district-level People's Court to impose
"sending violators to compulsory educational establishments" measure
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Within 01 working days
after expiry of the time limit for reading application specified in Clause 3 of
Article 101 herein, in the event of falling into the situation prescribed in
Clause 2 of Article 101 herein, Chief of the district-level Police, Director of
provincial Police Department can decide to transfer such application to
petition the People's Court of the district where person affected by request
for imposition of the measure commit violation(s) to seek the judgment on
imposition of "sending violators to compulsory educational
establishments" measure.
2. An application for
consideration and decision to impose the "sending violators to compulsory
educational establishments" measure by the People's Court of the district
includes:
a) An application for
imposition of "sending violators to compulsory educational
establishments" measure specified in Articles 101 and 118 of this Law;
b) Document of Chief of
the district-level Police or Director of provincial Police Department [155]
on request for consideration of imposition of "sending violators to
compulsory educational establishments" measure.
3. The application for
imposition of "sending violators to compulsory educational
establishments" measure shall be numbered and stored in accordance with
regulations of the law on archives.
Article 103. Making
application for imposition of "sending drug addicts to compulsory rehabilitation centers" measure
[156]
1. Making application for
the imposition of "sending drug addicts to compulsory rehabilitation centers"
measure under Article 96 herein shall comply with the following regulations:
a) With regard to a drug
addict having stable residence, the Chairperson of the People's Committee of
commune where such person is residing shall make application for the imposition
of "sending drug addicts to compulsory rehabilitation centers"
measure;
a) With regard to a drug
addict not having stable residence, the Chairperson of the People's Committee
of commune where such person commits violation(s) shall make application for
the imposition of "sending drug addicts to compulsory
rehabilitation centers" measure;
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d) An application
includes a violation record; résumé; written documents proving the current
state of drug addiction; a report of the drug addict or his/her legal
representative(s) and other relevant documents or records;
dd) Commune-level Police
shall be responsible for assisting Chairperson of the People's Committee at the
same level to collect documents and make application as specified at Points a,
b and d of Clause 1 of this Article.
2. Authorities making
applications specified in Clause 1 of this Article shall take responsibility
for the legality of such applications. After completely making applications,
authorities making applications shall notify persons affected by requests for
imposition of "sending drug addicts to compulsory
rehabilitation centers" measure or their legal representatives of
making of applications. These persons shall have the right to read applications
and keep record of necessary information within 03 working days of receipt of
such notification.
Article 104.
Consideration and decision to transfer application to petition the
district-level People's Court to impose "sending drug addicts to compulsory rehabilitation centers" measure
1. [157] Within 01
working day after expiration of the time limit for reading the application, the
provincial-level Police shall send such application to the Head of the Division
of Labor, War Invalids and Social Affairs of the district where the person
affected by the request for imposition of the measure commits violation(s); the
district-level Police or the Chairperson of the commune-level People's
Committee shall send the application to the Head of the district-level Division
of Labor, War Invalids and Social Affairs. Within 02 working days of receipt of
the application, Head of the district-level Division of Labor, War Invalids and
Social Affairs can decide to transfer such application to petition the
district-level People's Court to impose "sending drug addicts to
compulsory rehabilitation centers" measure If the application is
incomplete, Head of the district-level Division of Labor, War Invalids and
Social Affairs shall give it back to authority making such application so that
it updates the submitted application; the time limit for completion of the
updated application shall be 02 working days of receipt of the returned
application Within 02 working days of receipt of the updated application, Head
of the district-level Division of Labor, War Invalids and Social Affairs can
decide to transfer such application to petition the district-level People's
Court to impose "sending drug addicts to compulsory
rehabilitation centers" measure.
2. An application for
consideration and decision to impose "sending drug addicts to compulsory
rehabilitation centers" measure by the district-level People's Court
includes:
a) Application for
imposition of "sending drug addicts to compulsory
rehabilitation centers" measure specified in Article 103 of this Law;
b) Document of Head of
the district-level Division of Labor, War Invalids and Social Affairs on
request for consideration of imposition of "sending drug addicts to
compulsory rehabilitation centers" measure.
3. The application for
imposition of "sending drug addicts to compulsory
rehabilitation centers" measure shall be numbered and stored in
accordance with regulations of the law on archives.
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AUTHORITY AND PROCEDURES FOR CONSIDERATION
AND DECISION ON IMPOSITION OF ADMINISTRATIVE HANDLING MEASURES
Article 105. Authority
to decide imposition of administrative handling measures
1. The Chairperson of the
commune-level People’s Committee shall have the authority to impose the
“compulsory education in the community” measure
2. The district-level
People's Courts have the authority to impose “sending violators to reform
schools, compulsory educational establishments and compulsory
rehabilitation centers” measures.
Article 106.
Procedures for consideration and decision on imposition of administrative
handling measures
The Standing Committee of
National Assembly elaborates procedures for consideration and decision on
imposition of “sending violators to reform schools, compulsory educational
establishments and compulsory rehabilitation centers” measures by the
People’s Courts.
Chapter IV
EXECUTION OF DECISION ON IMPOSITION OF
ADMINISTRATIVE HANDLING MEASURES
Within 03 days from the
effective date of the decision on imposition of administrative penalties, the
People's Court that has issued the decision shall send the decision to the
obliged person, the authority that already sends the application for imposition
of administrative handling measure, or the Police agency at the same level (if
the provincial Police makes the application), the People's Committee of the
commune where that person is residing and other relevant authorities to make it
executed according to regulations of law; in case of the decision on imposition
of “sending violators to reform schools” measure, it shall be sent to parents
or the legal representative of the violator.
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1. Decision on imposition
of the “compulsory education in the community” measure and decision on
imposition of the “sending violators to reform schools” measure shall be
expired after 06 months from the effective date of such decisions.
2. Decision on imposition
of “sending violators to compulsory educational establishments” measure and
decision on imposition of “sending drug addicts to compulsory rehabilitation
centers” measure shall be expired after 01 year from the effective date of such
decisions.
3. In case the obliged
person deliberately evades execution, the limitation period specified in
Clause 1 and Clause 2 of this Article shall be calculated from the time of
termination of the acts of evading.
Article 109. Execution of decision on imposition of
“compulsory education in the community” measure
1. After receiving the
decision on imposition of the “compulsory education in the community”
measure, the agency and organization assigned to provide education and
management shall:
a) Implement “compulsory
education in the community” measure for the person subject to compulsory
education;
b) Assign a person to
directly help persons subject to compulsory education;
c) Fill in monitoring
book and periodically report to the Chairperson of the commune-level People’s
Committee on implementation of the decision;
d) Help and encourage the
person subject to compulsory education, and request the commune-level People’s
Committee to create favorable conditions for him/her to find jobs.
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3. The person subject to
compulsory education shall commit in writing on executing the decision on
compulsory education in the community.
4. The family of the
person subject to compulsory education shall be responsible for close
cooperation with the person assigned to provide help in managing and educating
such person.
Article 110. Execution
of decisions to send violators to reform schools, compulsory educational
establishments and compulsory rehabilitation centers
1. [159] 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 drug addicts to compulsory rehabilitation centers,
agencies receiving the decision on imposition of administrative handling
measures 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 reform school or compulsory
educational establishment;
b) The Division of Labor,
War Invalids and Social Affairs shall cooperate with the district-level Police
in sending the obliged person to the compulsory rehabilitation center.”.
2. The time limit for
execution of each decision is calculated as from the date in which the obliged
person is detained for sending him/her to the reform
school/compulsory educational establishment/compulsory
rehabilitation center.
3. The Government
elaborates this Article.
Article 111. Adjournment or exemption from execution of decisions to send
violators to reform schools, compulsory educational establishments and
compulsory rehabilitation centers
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a) The obliged person is
gravely ill and obtains a health certificate from the healthcare establishment
at the district or higher level [160];
b) The family of the
obliged person is meeting special difficulties and obtains certification from
the Chairperson of the People’s Committee of commune where such person is
residing.
If the abovementioned
cases no longer occur, such decisions shall continue to be executed.
2. If the obliged person
has not been sent to reform school/compulsory educational
establishment/compulsory rehabilitation center, he/she shall be entitled
to exemption from the execution of the decision to send violator to
reform school/compulsory educational establishment/compulsory
rehabilitation center in the following cases:
a) The obliged person
suffers from dangerous disease and obtains certification from the medical
facility of the district or higher level [161]
b) In period of
adjournment of execution of the decision specified in Clause 1 of this Article,
that person has made progress in abidance by law or had merits or been no
longer addicted to drug;
c) The obliged person is
a pregnant person obtaining a health certificate from the healthcare
establishment at the district or higher level [162].
3. The district-level
People's Court that has issued the decision on imposition of the “sending
violator to reform school/compulsory educational establishment/compulsory
rehabilitation center” measure shall consider and decide adjournment or
exemption from execution according to written request of the obliged person or
his/her legal representative; if necessary, the district-level People's Court
shall request the agency that has submitted application to give opinions before
decision.
Decision on exemption or
adjournment of execution shall be sent to the agency executing the decision and
the obliged person; in case a minor is entitled to adjournment or exemption
from the execution of the decision to send violator to reform school,
the decision shall be sent to his/her parents or legal representative.
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1. With regard to a
person who is executing the decision at the reform school/compulsory
educational establishment/compulsory rehabilitation center and has completed half of the duration, if such person
has made progress or had merits, he/she shall be considered for partial
reduction, or exemption from execution for the remaining duration.
2. In case a person who
is executing by the decision at reform school/compulsory educational
establishment/compulsory rehabilitation center is gravely ill and sent
back to his/her family for treatment, he/she shall
be entitled to suspension of execution of the decision; the treatment period
shall be included in the time limit for execution of the decision; after
his/her signs of recovery from disease, if the remaining duration is three
months or more, such person shall continue to execute the decision; if in the
period of suspension, such person has made progress or have merits, he/she shall be entitled to exemption from execution
for the remaining duration. The pregnant women and persons who suffer from
dangerous diseases shall be entitled to exemption from execution for the
remaining duration.
3. The People’s Court of
district where the reform school/compulsory educational
establishment/compulsory rehabilitation center is located shall decide
reduction in the time limit, suspension, or exemption from execution specified
in Clause 1 and Clause 2 of this Article at the request of the Principal of the
reform school, the Director of the compulsory educational establishment and the
Director of the compulsory rehabilitation center.
Decision on suspension of
or exemption from execution of the decision on imposition of “sending violators
to reform schools/compulsory educational establishments/compulsory
rehabilitation centers” measure shall be sent to the People’s Court that
issues the decision, the agency that has sent application, the People’s
Committee of commune where such person is residing, the reform school, the
compulsory educational establishment, the compulsory
rehabilitation center, the person who is entitled to suspension or
exemption and his/her family.
4. In case a person is
gravely ill or suffering from dangerous disease and is entitled to suspension
of execution of the decision or exemption from execution for the remaining
duration specified in Clause 2 of this Article but his/her residence cannot be
identified, he/she shall be sent to the local medical facility where the
headquarter of the reform school/compulsory educational
establishment/compulsory rehabilitation center is located for treatment.
Article 113.
Management of person who is entitled to adjournment or suspension of execution
of the decision on imposition of “sending violator to reform school/compulsory
educational establishment/compulsory rehabilitation center” measure.
1. The person who is
entitled to adjournment or suspension of execution of the decision on imposition
of the “sending violator to reform school/compulsory educational
establishment/compulsory rehabilitation center” measure shall present
himself/herself at the People’s Committee of commune where such person is
residing.
2. In the period of
adjournment or suspension of execution of the decision to send violators to
reform schools or the decision to send violators to compulsory educational
establishments, in case such person continues to commit violation which has
been handled or there are grounds that such person
takes flight, the district-level People’s Court that has issued the
decision on adjournment or suspension shall cancel such decision and issue a
decision on compulsory execution of the decision to send violators to
reform schools or the decision to send violators to compulsory educational
establishments.
In the period of
adjournment or suspension of execution of the decision to send drug addicts to
compulsory rehabilitation centers, in case such person continues to use
drugs or there are grounds that such person takes flight, the district-level
People’s Court that has issued the decision on adjournment or suspension shall
cancel such decision and issue a decision on compulsory execution of
the decision to send drug addicts to compulsory rehabilitation centers.
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Article
114. Expiration of the time limit for execution of decision on imposition
of administrative handling measures
1. When an violator
finishes executing the decision on compulsory education in the community, the
Chairperson of the commune-level People’s Committee shall
issue a certificate and send a copy to his/her family.
2. When an violator
finishes executing the decision to send violator to reform school/compulsory
educational establishment/compulsory rehabilitation center, the Principal
of the reform school or the Director of compulsory educational
establishment/compulsory rehabilitation center shall issue a certificate
and send a copy to his/her family, the district-level People’s Court that has
issued decision, the agency that manages the reform school/compulsory
educational establishment/compulsory rehabilitation center, and the
commune-level People’s Committee where he/she is residing.
3. In case a person whose
residence cannot be identified is a minor or a weak person who is incapable of
working, after expiration of the time limit for execution of the decision
on imposition of the “sending violator to reform school/compulsory educational
establishment/compulsory rehabilitation center” measure, he/she shall be
sent to social relief establishment in the place where the headquarter of the
reform school/compulsory educational establishment/compulsory
rehabilitation center is located.
Chapter V
OTHER REGULATIONS RELATED TO IMPOSITION OF
ADMINISTRATIVE HANDLING MEASURES
Article 115. Temporarily removing a person who is implementing “sending
violator to the reform school/compulsory educational
establishment/compulsory rehabilitation center" measure from the
place where he/she implements the measure at the request of a competent
criminal presiding agency
1. At the request of the
competent criminal presiding agency, the Principal of the reform school
or the Director of the compulsory educational establishment/compulsory
rehabilitation center shall decide to temporarily remove the person who is
implementing administrative handling measure from the place where he/she
implements such measure in order to take part in proceedings in cases related
to such person.
2. The duration of
temporary removal shall be included in the time limit for implementation of the
measure.
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1. If the individual
commits violation suspected to be crime,
the competent person shall immediately transfer the individual's dossier to the
competent criminal presiding agency when he/she considers the individual's
dossier to decide imposition of administrative handling measure.
2. With regard to a case
where the decision on imposition of administrative handling measure has been
issued, if afterwards, it is detected that the individual against which an
administrative handling measure has been imposed commits violation suspected to
be crime and the limitation period for criminal prosecution is not expired, the
Chairperson of the People’s Committee or the People’s Court that has issued the
decision shall cancel such decision and within 03 days from the date of
cancellation, the individual’s dossier shall be transferred to the competent
criminal presiding agency.
If the imprisonment
sentence has been imposed by the Court, the duration of implementation of
“sending violators to reform schools/compulsory educational establishments/compulsory
rehabilitation centers" measure shall be included in the duration of
serving the imprisonment sentence; 1.5 days of implementation of the aforesaid
measure shall be equal to 01 day of serving the imprisonment sentence.
Article 117. Criminal prosecution for violations committed before or
during the duration of implementation of administrative handling measures
In case it is
detected that an individual against which an administrative handling measure
has been imposed commits violation(s) before or during the duration of
execution of the decision, at the request of the competent criminal presiding
agency, the Chairperson of the People’s Committee of commune where the
“compulsory education in the community” measure is being implemented or the
Principal of the reform school, the Director of compulsory educational
establishment/compulsory rehabilitation center shall issue the decision on
suspension of the execution of the decision against such individual and
transfer his/her dossier to the competent criminal presiding agency; in
case the imprisonment sentence has been imposed by the Court, the individual
shall be entitled to exemption from execution for the remaining duration in the
decision on the imposition of administrative handling measure; in case the
imposed penalty is not the penalty of imprisonment, the individual shall
continue to execute the decision on imposition of administrative handling
measure.
Article 118. Handling case where an individual is subject to both the
“sending violator to compulsory educational establishment” measure and the
“sending violator to compulsory rehabilitation center” measure
1. In case a violating
individual is subject to both the “sending violators to compulsory educational
establishments” measure and the “sending drug addicts to compulsory
rehabilitation centers” measure, the competent agency shall only impose
the “sending drug addicts to compulsory rehabilitation centers” measure
upon such individual.
2. A drug addict who is
classified as a dangerous gangster shall be subject to the “sending violators
to compulsory educational establishments” measure. The compulsory educational
establishment shall provide drug rehabilitation service for such addict.
3.[163]
At the phase of tapering off narcotics and health recovery, if a person who
is executing the decision at compulsory rehabilitation center commits
violation specified in Clause 1 of Article 94 of this Law, he/she shall be
subject to the penalty of being sent to compulsory educational establishment.
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Procedures for
consideration of approval for the imposition of the "sending violators to
compulsory educational establishments” measure shall comply with regulations
laid down herein."
Part four
MEASURES FOR PREVENTION AND ASSURANCE
ABOUT HANDLING OF ADMINISTRATIVE VIOLATIONS
Chapter I
GENERAL REGULATIONS ON MEASURES FOR
PREVENTION AND ASSURANCE ABOUT HANDLING OF ADMINISTRATIVE VIOLATIONS
Article 119. Measures
for prevention and assurance about handling administrative violations
If it is required to
promptly prevent administrative violation(s) or ensure the handling of
administrative violation(s), the competent person shall impose the following
administrative handling measures:
1. Detaining involved
person
2. Escorting violator;
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4. Conducting body
search;
5. Conducting
vehicle/item search;
6. Searching hiding place
for exhibit/mean used for committing administrative violation;
7. Managing foreigners violating Vietnamese law while
deportation is in progress;
8. Assigning the family
or organization to manage person affected by request for imposition of
administrative handling measure in the course of carrying out procedures for
imposition of administrative handling measure;
9. Pursuing the
person who is obliged to execute the decision to send violator to reform
school/compulsory educational establishment/compulsory
rehabilitation center if he/she takes flight.
Article 120. Rules for
imposition of measures for prevention and assurance about handling of
administrative violations
1. When imposing measures
for prevention and assurance about handling of administrative violations,
the competent persons shall strictly comply with regulations of Articles 120
through 132 of this Law. In case of commission of violations, they shall be
handled as prescribed by law.
2. Measures for
prevention and assurance about handling of administrative violations shall be
only imposed in necessary cases specified in Chapter II of this Part.
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4. The use of weapons and
supporting tools for the imposition of measures for prevention and assurance
about handling of administrative violations, shall comply with regulations of
law.
Article 121. Cancellation or replacement of measures for prevention and
assurance about handling administrative violations
1. In case the imposition
of a measure for prevention and assurance about handling of administrative
violation(s) is not conformable to imposition condition and purpose as
prescribed by this Law, the decision on imposition of such measure shall be
cancelled.
2. The person who has
authority to decide the imposition of a measure for prevention and assurance
about handling of administrative violation(s) shall cancel the measure for
prevention of administrative violation(s) when such measure is not necessary or
replace it by another measure.
Chapter II
AUTHORITY AND PROCEDURES FOR IMPOSITION OF
MEASURES FOR PREVENTION AND ASSURANCE ABOUT HANDLING OF ADMINISTRATIVE
VIOLATIONS
Article 122.
Administrative detention of involved persons
1.
[164] An administrative penalty imposed in the detention form shall only
be applied in the following case:
a) It is
necessary to immediately stop or militate against acts of disturbance of public
order or injuring other persons;
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c) The
detention is a way to ensure the execution of the decision to send violators to
reform schools, the decision to send violators to compulsory educational establishments
and the decision to send violators to compulsory rehabilitation 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.
2. All cases of the
detention shall be decided in writing and copies of these decisions shall be
handed over to persons subject to detention, each of them receives 01 copy.
3.
[165] The administrative detention duration shall not exceed 12 hours;
where necessary, the detention duration may be extended but not exceeding 24
hours from the start time of detention; in case of the detention of
administrative violators at border areas or remote, isolated mountainous areas
or islands, the detention duration shall start from the time the violators are
escorted to detention facilities.
In case of the penalty 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 shall be immediately transferred to competent
authorities promptly after aircraft arrive at the airport or seagoing vessels
arrive at the port.
4. At the request of the
detained person, the person who issues the detention decision shall notify to
his/her family or the organization where he/she is working or studying. In case
of detention of a minor who commits administrative violation(s) at night or
over 06 hours, the person who issues the detention decision shall notify
immediately to his/her parents or guardian.
5.
[166] Administrative detention facilities shall 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 shall conform to
general regulations.
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With regard to cases of
detention of the persons regulated at point dd of Clause 1 of this Article,
detention places shall be detention areas located at compulsory rehabilitation
centers of provinces or central-affiliated cities, detention houses or booths.
With regard to aircrafts,
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.
6. The detention of
persons who commit administrative violations in detention rooms, criminal
detention rooms or unhygienic and unsafe places shall be strictly forbidden.
7. The Government
elaborates this Article.
Article
123. Administrative detention authority [167]
1. In
case of falling in the case prescribed in Clause 1 of Article 122 herein, the
following persons shall have the rights to issue administrative detention
decisions:
a)
Chairperson 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;
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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;
k) Aircraft commander,
vessel captain, train master aboard aircraft, seagoing vessels or trains
leaving airports, ports or terminals;
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 shall be documented
in decisions under which the scope, details of delegated authority and term of
delegated authority shall be clarified. Authorized deputies shall be
responsible to their heads and to laws for the exercise of their delegated
authority. The authorized person shall not be entitled to re-delegate their
authority to any other person.
Article
124. Escorting violator(s);
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a) Administrative
detention of involved persons;
b)[168] 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
adjournment or suspension of the decisions no longer exist, and the violators
specified in Clause 2 of Article 132 of this Law, to reform schools, compulsory
educational establishments or compulsory rehabilitation centers.”.
2. The competent persons
on duty shall escort the violators.
3. The Government
elaborates this Article.
Article
125. Administrative impoundment of exhibits/means used for committing
violations, licenses/practicing certificates
1. Administrative impoundment
of exhibits/means used for committing violations, licenses/practicing certificates
shall only be applied in the following cases:
a) Certifying
facts which there is no grounds for issuance of the decision on imposition
of administrative penalties in case of no impoundment. In case of impoundment
for the purpose of valuation of exhibits used for committing administrative
violations as the basis for determination of the fine bracket and the authority
to impose penalties, the regulations of Clause 3, Article 60 of this Law shall
be applied;
b) Immediately preventing
administrative violations which serious consequences for society may be caused
in case of no impoundment;
c) Ensuring execution of
the decision on imposition of administrative penalties as prescribed in Clause
6 of this Article.
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In case of installment
payment of fines specified in Article 79 of this Law, after the violator
already pays the fine in the first installment, the violator may receive the
impounded exhibit/mean.
3.[169]
Persons having authority to impose the penalty of confiscating
exhibits/means used for commission of administrative violations prescribed in
Chapter II of Part Two of this Law shall have authority to issue decisions on
impoundment of exhibits/means used for commission of administrative violations,
licenses or practicing certificates. The impoundment authority shall not vary,
depending on values of exhibits or means used for commission of administrative
violations.
4.[170]
If there is any ground prescribed in Clause 1 of this Article, the
impoundment of exhibits/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 impoundment of exhibits and means used
for commission of administrative violations, licenses and practicing
certificates as prescribed in Clause 9 of this Article;
b)
Within 24 hours from the time when the record is made, the record maker shall
report to the person having impoundment authority on the impounded exhibits,
means, license or practicing certificate to seek his/her impoundment of which 1
copy shall be issued to the violating person and the representative of the
violating organization.
In case
the impoundment decision is not issued, exhibits and means used for commission
of administrative violations, licenses and practicing certificates shall be
immediately returned.
In case
the exhibit is a perishable good, the person who impounds such exhibit shall
immediately report to the direct supervisor for further actions; if it is
damaged or lost, he/she shall pay compensation according to regulations of law.
5.[171] The person making the impoundment record,
the person issuing the impoundment decision shall be responsible for taking
care of exhibits and means used for commission of administrative violation,
license or practicing certificate. In case the exhibit/mean used for commission
of administrative violation, license or practicing certificate is lost,
illegally sold, swapped or damaged, short of components or replaced, the
impoundment decision maker shall have the burden of paying compensation and
shall be handled under laws.
5a.
[172] In the course of the impoundment, the record maker and the person having
impoundment authority shall seal the impounded exhibits and/or means used for
commission of administrative violations, excluding:
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b) Goods
or articles that are perishable or difficult to be stored under laws.
5b. [173]
In order to attach security seal on the impounded exhibits and/or means used
for administrative violations, such sealing activity shall be witnessed by the
violator; if the violator is absent, the sealing shall 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.
[174] The impoundment record or the decision on impoundment of
exhibits/means used for commission of administrative violation(s), license or
practicing certificate may be made, issued or sent electronically.
6. In case an individual
or organization that commits an administrative violation only faces the fine,
the person having authority to impose the penalty shall have the authority to
impound driving permit or vehicle circulation permit or other documents related
to exhibit/mean until such individual or organization completely executes the
decision on imposition of administrative penalties. If the violating individual
or organization does not have the above-mentioned document, the person having
authority to impose the penalty may impound the exhibit/mean used for
committing administrative violation(s), except for case specified in Clause 10
of this Article.
7. In case where the
license or practicing certificate of a violator is compulsorily suspended, it
may be impounded to ensure the execution of the decision on imposition of administrative
penalties. Impounding the license or practicing certificate before issuing the
decision shall not influence the rights of the license or certificate holder.
8. [175] The period for impoundment of exhibits and
means used for commission of administrative violations, licenses or practicing
certificates shall not exceed 07 working days from the commencement date; if
any case or matter requires the transfer of relevant documents and records to
persons having authority to impose penalties, the period for impoundment shall
not be longer than 10 working days from the commencement date.
The
period for 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 specified in point c of Clause 1 of Article 66 herein, the
period for impoundment may continue to obtain extension, but not exceeding 02
month from the commencement date.
The
period for impoundment of exhibits or means used for commission of administrative
violations, licenses or practicing certificates shall start from the date in
which they are impounded in reality.
The
period for impoundment of exhibits and means of commission of administrative
violations, licenses or practicing certificates shall not longer than the
limitation period for issuance of decisions on imposition of administrative
penalties according to regulations of Article 66 herein In case the impoundment
is needed as a way to securing performance of obligations to execute decisions
on imposition of administrative penalties as provided in point c of Clause 1 of
this Article, the period for impoundment shall expire after completely
executing these decisions.
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9. [176] Record of
impoundment of exhibits or means used for commission of administrative violations,
licenses or practicing certificates shall clarify names, quantity, categories,
current state thereof, shall be signed by the person carrying out the
impoundment, the violator or the violating organization's representative; in
case there is none of the violator’s signature, the signature of at least one
witness is required. This record shall be made into 02 copies, each of which is
sent to the violator or the violating organization’s representative.
10.[177] With
regard to means of transport committing administrative violations to the extent
of being impounded to guarantee the execution of decisions on imposition of
administrative penalties, 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. [178] The
Government elaborates this Article.
Article 126.
Administrative handling of impounded exhibits or means, licenses or practicing
certificates
1.
[179] Persons issuing impoundment decisions shall handle impounded
exhibits, means used for commission of administrative violations, licenses or
practicing certificates according to the measures stated in decisions on
imposition of administrative penalties, or return them to individuals and
organizations in case of not being subject to the penalty of confiscation of
impounded exhibits/means or suspension of licenses or practicing certificates.
With regard to exhibits
or means impounded due to being appropriated or illegally used for commission
of administrative violations, and subject to the penalty of confiscation, they
shall be returned to lawful owners, custodians or users; violating individuals
and organizations shall pay an amount equivalent to the value of exhibits
and/or means used for commission of administrative violations into the state
budget. In case legitimate owners, custodians or users intentionally let
violators use exhibits and/or means used for commission of administrative
violations as prescribed in Article 26 of this Law, exhibits and/or means shall
be confiscated by the state budget.
If exhibits and/or means
subject to the penalty of being confiscated are secured by the collateral
provided as the registered guarantee in accordance with the civil laws, the
obligee may claim back these exhibits and means or amounts equivalent to the
value of the guaranteed obligations; violating individuals and organizations
shall pay amounts equivalent to the values of exhibits and/or means used for
commission of administrative violations into the state budget.
2. Exhibits and/or means,
licenses or practicing certificates which have been impounded for execution of
decisions on imposition of administrative penalties according to Clause 6
Article 125 of this Law shall be returned to penalized individuals right after
complete execution of such decisions.
3. With regard to
exhibits which are perishable goods or items, the person who issues the
impoundment decision shall immediately sell according to market price and the
sale shall be made in record. The collected amount shall be sent to a temporary
deposit account at State Treasury Afterwards, if such exhibits are confiscated
under the decision of the competent person, the collected amounts shall be remitted
into the State budget, if such exhibits are not confiscated, the collected
amounts shall be returned to the owners, custodians, or legal users.
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a) In case violators,
legitimate owners, custodians or users of material evidence and/or means are
identified, persons issuing impoundment decisions shall notify them twice. The
first notification shall be issued within 03 working days from the expiration
of the period for the impoundment thereof. The second notification shall be
issued within 07 working days from the date of issuance 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 shall issue decisions to confiscate
exhibits 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 impoundment decisions shall make two attempts
in notifying this via central or local mass media at local areas where they are
impounded. The first notification shall be issued within 03 working days from
the expiration of the period for the impoundment thereof. The second
notification shall be issued within 07 working days from the date of issuance
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 shall issue
decisions to confiscate exhibits and/or means used for commission of
administrative violations;
4a.[181] With
regard to exhibits and/or means used for administrative violations which are
impounded according to regulations of point c of Clause 1 of Article 125
herein, if individuals or organizations that are subject to administrative
penalties fail to execute decisions on imposition of administrative penalties upon
expiration of the time limit for execution of these decisions, within 05
working days after the expiration of the time limit for execution, the persons
having impoundment authority shall transfer exhibits and/or means used for
commission of administrative violations to persons having authority to enforce
the execution of decisions on imposition of administrative penalties to decide
the distraint or auction thereof in accordance with laws to assure the
execution.
4b. [182] Upon the
expiration of the impoundment period of licenses or practicing certificates, or
the limitation period for execution of decisions imposition of administrative
penalties, if violators do not come to claim them back without sound reasons,
within 10 working days after the expiration of the impoundment period or the
limitation period for execution of such decisions, persons having impoundment
authority shall 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.
5. Exhibits/means used
for committing administrative violations which are goods, products causing harm
to human health, domestic animals, plants and environment, or harmful cultural
products, shall be destroyed as prescribed in Article 33 of this Law.
6. [183] With
regard to narcotic substances and objects banned from possession or
circulation, the confiscation or destruction shall comply with regulations of
this Law.”.
7. Persons who possess
impounded exhibits/means shall pay costs for warehousing, storage facilities
and preservation of exhibits/means used for administrative violations and other
costs in the period of impoundment of such exhibits/means prescribed in Clause
8, Article 125 of this Law.
It is not required to
collect costs for warehousing, storage facilities and preservation in the
period of impoundment of exhibits/means used for administrative violations in
case the owner of exhibits/means does not commit administrative violation(s) or
the penalty of confiscating exhibits/means is imposed.
The Government elaborates
the cost of impoundment of exhibits/means specified in Article 125 of this Law.
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1. The body search
according to administrative procedure shall be only conducted when there are
grounds to believe that the person is hiding objects, documents or means used
for committing administrative violation(s) in his/her body.
2. Persons specified in
Clause 1 Article 123 of this Law shall have the authority to decide body search
according to administrative procedure.
In case there are grounds
to believe that if the body search is not immediately conducted, objects,
documents and means used for committing administrative violations may be
dispersed or destroyed, other than persons specified in Clause 1, Article 123
of this Law, the people’s police officer, Coast Guard officer, Border Guard
solider, forest ranger, customs officer or market controller on duty may
conduct the body search according to administrative procedure and shall
immediately report in writing to his/her head specified in Clause 1 Article 123
of this Law and be responsible for the body search to law.
3. The body search shall
be decided in writing, unless it is necessary to immediately conduct body
search as prescribed in paragraph 2, Clause 2 of this Article.
4. Before conducting the
body search, the person who conducts the body search shall notify the decision
to the person to be searched. When the body search is conducted, men shall
search men and women shall search women, and the search shall be witnessed by
persons of the same sex.
5. All cases of body
search shall be recorded in writing. The body search decisions and records
shall be issued to the searched persons, each of them receives 01 copy.
Article 128.
Vehicle/item search according to administrative procedure
1. The vehicle/item
search according to administrative procedure shall be only conducted when there
are grounds to believe that the vehicle/item is hiding means used for
committing administrative violation(s).
2. Persons specified in
Clause 1 Article 123 of this Law shall have the authority to conduct
vehicle/item search according to administrative procedure.
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4. The vehicle/item
search shall be decided in writing, except for case specified in Clause 3 of
this Article.
The vehicle/item owner or
the vehicle operator and a witness shall be present when the vehicle/item
search is conducted. In case the vehicle/item owner or the vehicle operator is
absent, there must be at least 01 witness [184].
5. All cases of
vehicle/item search shall be recorded in writing. The vehicle/item search
decisions and records shall be issued to vehicle/item owners or vehicle
operators, each of them receives 01 copy.
Article 129. Searching
hiding place for exhibits/means used for committing administrative violation
1. Searching hiding place
for exhibits/means used for committing administrative violations shall
be only conducted when there are grounds to believe that means used for
committing administrative violation(s) have been hidden at the place.
2. Persons specified in
Clause 1 Article 123 of this Law shall have authority to search hiding place
for exhibits/means used for committing administrative violations; in case such
place is a dwelling place, it is required to propose the Chairperson of the
district-level People’s Committee for consideration and decision.
3. The place owner or the
member of his/her family and a witness shall be present when the search is
conducted. In case the place owner or the member of his/her family is absent
but the search cannot be postponed, there must be the representative of the
local government and at least 01 witness [185].
4. Searching hiding place
for exhibits and/or means of administrative violations shall not be conducted
at night, except for emergency cases, or except for case where the search is
being conducted and has not yet finished but the reasons shall be clearly
stated in the record.
5. All cases of searching
hiding place for exhibits and/or means used for administrative violations shall
be decided and recorded in writing. Records and decisions to search hiding
place for exhibits and/or means used for administrative violations shall be
issued to the place owners, each of them receives 01 copy.
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1. Foreigners violating
Vietnamese law while deportation is in progress shall be subject to management
measure when there are grounds to believe
that, if necessary measures are not taken for management, such foreigners will
evade or obstruct the enforcement of decisions on imposing deportation, or
prevent such foreigners from continuing to commit violations.
2. The head of exit and
entry management agency or the Director of provincial Police Department where
the application for deportation is made shall issue a decision on management of
foreigners violating Vietnamese law while deportation is in progress by the
following measures:
a) Restricting the
movement of the person under management measure;
b) Designating the place
of residence of the person under management measure;
c) Impounding the
passport or other identification document in lieu of passport.
3. The Government
elaborates this Article.
Article 131. Managing
and supervising persons affected by requests for imposition of administrative
handling measures in the course of carrying out procedures for imposition of
administrative handling measures [186];
1. With regard to persons
affected by requests for imposition of “sending violators to reform
schools/compulsory educational establishment/compulsory rehabilitation centers”
measures, 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 procedures for consideration
of issue of decisions on imposition of administrative handling measures.
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
procedures for consideration of issue of decisions on imposition of “sending
violators to reform schools/compulsory educational establishment/compulsory
rehabilitation centers” measures shall comply with the following regulations:
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b)
Competent authorities or persons shall prepare documents on decisions to put
persons affected by requests for imposition of “sending violators to reform
schools/compulsory educational establishments” measures or persons committing
violations under the supervision of the commune-level People’s Committees.
3. The duration of
management and supervision shall start from the time of preparation of request
documents and end on the time of moving violators to impose administrative
handling measures according to decisions of Courts.
The period of management
and supervision of violators prescribed in point a of Clause 2 of this Article
at centers or establishments shall be subtracted from the time limit for
imposition of administrative handling measures.
4. Each decision to put a
violator under the supervision of his/her family or the relevant authority or
organization shall 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, duration 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 shall
be immediately sent to the family or the agency or organization assigned the
supervision tasks, the supervised person to have it executed.
5. During the supervision
period, the family, agency or organization assigned to perform supervision
tasks shall take the following responsibilities:
a) Do not let supervised
persons continue to commit violations;
b) Supervised persons
shall be present at the time of issue of decisions to send them to reform
schools, compulsory educational establishments or compulsory rehabilitation
centers;
c) Promptly reporting to
authorities or persons issuing decisions to assign the supervision tasks in
case where supervised persons take flight or commit violations.
6. During the supervision
period, supervised persons shall have the following responsibilities:
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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) Implementing measures
to support families, agencies and organizations assigned to perform the tasks
of supervising and managing the supervised persons;
c) When being notified of
the supervised person’s taking flight, running away or committing violation,
the agency or person having authority to issue the decision to assign
supervision tasks shall promptly take measures according to their competence,
or notify this to the competent agency to seek their action according to the
provisions of laws.
8. The Government
elaborates this Article.
Article 132.
Pursuing persons who obtain decisions to send violators to reform schools,
compulsory educational establishments, and compulsory
rehabilitation centers if they take flight.
1. If a person obtaining
the decision to send him/her to reform school/compulsory educational
establishment/compulsory rehabilitation center takes flight before being sent
to school/establishment, the police agency of district where the documentation
is made shall issue a decision to pursue such person.
2. If a person who is
executing the decision to send him/her to reform school/compulsory educational
establishment/compulsory rehabilitation center takes flight, the Principal of
the reform school, the Director of compulsory educational
establishment/compulsory rehabilitation center shall issue a decision to pursue
such person. The police agency shall cooperate with the reform
school/compulsory educational establishment/compulsory rehabilitation center in
pursuing such person to send him/her back the school/establishment/center.
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In case a person that is
executing the decision to send him/her to the reform school 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 “sending violator the compulsory education establishment”
measure exist, the Principal of the reform school shall file a request to the
district-level People’s Court of the place where that reform school is located
to seek their judgment on imposition of the “sending violator to the compulsory
educational establishment” measure.
4. The duration of escape
shall not be included in the time limit for execution of the decision on
imposition of the “sending violator to reform school/compulsory educational
establishment/ compulsory rehabilitation establishment” measure.
Part Five
REGULATIONS APPLICABLE TO MINORS WHO
COMMIT ADMINISTRATIVE VIOLATIONS
Chapter I
GENERAL REGULATIONS ON HANDLING
ADMINISTRATIVE VIOLATIONS COMMITTED BY MINORS
Article 133. Scope of
application
Handling administrative
violations committed by minors shall comply with regulations in Part Five and
other relevant regulations of this Law.
Article 134. Rules for
handling
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1. The administrative
violations committed by minors shall be only handled in necessary cases
with a view to educating and assisting minors to correct their mistakes, have
healthy development and become good citizens of society.
During the process of
consideration for handling administrative violations committed by minors,
persons having authority to handle violations shall ensure the best
benefits of such minors. The “sending violators to reform schools” measure
shall be only imposed if it is considered that there is not any more
suitable measure;
2. The handling of
administrative violations committed by minors shall be also based on such
minors’ awareness of values so danger to society of violations, causes and
circumstances in order to decide imposition of appropriate penalties or
administrative handling measures;
3. [188]
The imposition of penalties and the decision on fines against minors
committing administrative violations shall conform to the principle that these
penalties and fines shall be lighter/smaller than those imposed upon 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 imposed.
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 shall not a half as much as that
applicable to an adult; in case where he/she shall pay an amount equivalent to
the value of exhibits and/or means used in the commission of administrative
violation into the state budget according to regulations of Clause 1 of Article
126 of this Law, the amount of payment into the state budget shall be a
half as much as the value of exhibits and/or means used for commission of
administrative violation. If he/she does not have money to pay the fine or is
unable to implement remedial measures, his/her parent or guardian shall have
the burden to do so instead;
4. During the process of
consideration for handling administrative violations committed by minors, the
personal secrets of minors shall be respected and protected;
5. Alternatives to
administrative handling measures shall be considered for application when the
conditions specified in Chapter II of this Part are satisfied. The application
of alternatives shall not be deemed as being subject to administrative
penalties.
Article 135.
Imposition of administrative penalties and remedial measures
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a) Warnings;
b) Fines;
c) Confiscation of
exhibits/means used for committing administrative violations;
2. Remedial measures
imposed upon minors:
a) Mandatory restoration
of original condition;
b) Mandatory
implementation of remedial measures against environmental pollution or spread
of diseases;
c) Mandatory destruction
of goods or items detrimental to human, animal and plant health and the
environment, and indecent materials;
d) Mandatory return of
illegal benefits obtained from administrative violations or mandatory return of
an amount equal to the value of exhibits and/or means used for committing
administrative violations that have been illegally consumed, dispersed or
destroyed;
Article 136.
Imposition of administrative handling measures
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2.
The “sending violators to reform
schools" measure shall be imposed upon minors committing administrative
violations according to regulations in Chapter II, Part Three of this Law.
Article 137. Period
after which an administrative violation is absolved for minors
1. Within 06 months from the date of finishing executing the
decision on imposition of the administrative penalty or from the date of
expiration of the limitation period for execution of such decision, if a minor
does not commit repeat violation(s), such minor shall be considered that he/she
has not been subject to any administrative penalty.
2. Within 01 year from
the date of finishing executing the decision on imposition of administrative
handling measure, or from the date of expiration of the limitation period for
execution of such decision, if an minor subject to administrative handling
measure does not commit repeat violation(s), such minor shall be considered
that he/she has not been subject to any administrative handling measure.
Chapter II
ALTERNATIVES TO ADMINISTRATIVE HANDLING
MEASURES APPLIED TO MINORS
Article 138.
Alternatives to administrative handling measures
Alternatives to
administrative handling measures applied to minors
1. Reprimand;
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3. [189]
Community-based education;
Article 139. Reprimand
1. Reprimand is an
alternative to administrative handling measure with a view to pointing out
violation(s) committed by a minor. The reprimand is issued against violating
minors who must incur administrative penalties according to regulations of law
if the following conditions are fully satisfied:
a) The violating minor
incurs the penalty of warning according to regulations;
b) The violating minor
has voluntarily reported his/her violation(s), and honestly repented his/her
mistake(s);
2. Pursuant to Clause 1
of this Article, persons having authority to impose penalties shall decide the
issuance of reprimand
The reminder shall be
verbal and be issued on the spot.
Article 140.
Home-based management
1.[190]
Home-based management is an alternative to an administrative handling measure
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:
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b) There is favorable
living environment for application of this measure;
c) Their parents or
guardians are eligible to perform the tasks of management and voluntarily
assume home-based management responsibilities.
2. Pursuant to Clause 1
of this Article, the Chairperson of the commune-level People’s Committee shall
decide imposition of home-based management measure.
3. The duration of
imposition of this measure shall be from 03 – 06 months.
4. Within 03 working days
from the effective date of the decision on imposition of home-based management
measure, the Chairperson of the People's Committee of commune where the decision
is issued and persons specified in Clause 1 of this Article are residing shall
send it to the family and assign local organizations or individuals to
cooperate and supervise them.
Minors who are managed
at home shall be entitled to attend schools, or participate in learning
programs or other vocational programs, participate in counseling and
community-based life skill development programs.
5. During the duration of
home-based management, in case minors continue to commit violations, competent
persons specified in Clause 2 of this Article shall decide termination of
imposition of this measure and handle such minors as prescribed by law.
Article
140a. [191] Community-based education
1.
Community-based education is an alternative to an administrative handling
measure 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.
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3. The
duration of imposition of this measure shall be from 06 – 24 months.
4.
Within 03 working days from the effective date of the decision on imposition of
the community-based education measure, the People's Court where the decision on
such measure has been issued shall 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 the
community-based education measure shall be entitled to attend school or
participate in other learning or vocational training programs; participate in
counseling and community-based life skill development programs.”
Part Six
IMPLEMENTATION PROVISIONS [192]
Article 141. Entry
into force
1. This Law comes into
force as of July 01, 2013, except that regulations related to imposition of
administrative handling measures considered and decided by the People's Court
come into force as of January 01, 2014.
2. Ordinance No.
44/2002/PL-UBTVQH10 on handling administrative violations, Ordinance No.
31/2007/PL-UBTVQH11 on amendments to some Articles of the 2002 Ordinance on
handling administrative violations and Ordinance No. 04/2008/UBTVQH12 on
amendments to some Articles of Ordinance on handling administrative violations
shall cease to have effect from the effective date of this Law, except that
regulations related to imposition of "sending violators to reform
schools/compulsory educational establishments/medical treatment
establishments" measures shall remain valid until December 31, 2013.
Article 142. [193] (annulled)
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VERIFIED BY
CHAIRMAN
Bui Van Cuong
[1]
Law No. 54/2014/QH13 on Customs is
promulgated pursuant to:
“The Constitution of
the Socialist Republic of Vietnam;
The National Assembly
hereby promulgates the Law on Customs.”.
Law No. 18/2017/QH14 on
Fishery is promulgated pursuant to:
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The National Assembly
hereby promulgates the Law on Fishery.”.
Law No. 67/2020/QH14 on
amendments to some Articles of Law on Handling Administrative Violations is
promulgated pursuant to:
“The Constitution of
the Socialist Republic of Vietnam;
The National Assembly
hereby promulgates Law on amendments to some Articles of Law No. 15/2012/QH13
on Handling Administrative Violations, which is amended under Law No.
54/2014/QH13 and Law No. 18/2017/QH14.”.
Law No. 09/2022/QH15 on
amendments to some Articles of Law on Radio Frequencies is promulgated pursuant
to:
“The Constitution of
the Socialist Republic of Vietnam;
The National Assembly
hereby promulgates Law on amendments to some Articles of Law No. 42/2009/QH12
on Radio Frequencies.”.
Law No. 11/2022/QH15 on
Inspection is promulgated pursuant to:
“The Constitution of
the Socialist Republic of Vietnam;
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[2] The phrase ",community-based education measure” is
added by Point a, Clause 72 Article 1 of Law No. 67/2020/QH14 on amendments to
some Articles of Law on Handling Administrative Violations, which has been
effective since January 01, 2022.
[3]
This Clause is amended by Clause 1 Article
1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on Handing
Administrative Violations, which has been effective since January 01, 2022.
[4]
This Point is amended by Clause 2 Article
1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on Handing
Administrative Violations, which has been effective since January 01, 2022.
[5]
This Article is amended by Clause 3
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[6]
This Point is amended by point a Clause 4
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[7]
The phrase “,organization(s)” is added by point b Clause 72 Article 1 of Law
No. 67/2020/QH14 on amendments to some Articles of Law on Handling
Administrative Violations, which has been effective since January 01, 2022.
[8]
This Point is amended by point b Clause 4
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[9]
This Point is amended by point b Clause 4
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[10]
This Point is added by point c Clause 4
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
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[12]
This Clause is amended by point b Clause 5
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[13]
This Point is added by point a Clause 6
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[14]
The phrase “06 months” is deleted by point
a Clause 74 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of
Law on Handing Administrative Violations, which has been effective since
January 01, 2022.
[15]
This Clause is amended by point b Clause 6
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[16]
The phrase “06 months” is deleted by point
a Clause 74 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of
Law on Handing Administrative Violations, which has been effective since
January 01, 2022.
[17]
This Clause is amended by point c Clause 6
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[18]
The phrase “the Chief Justice of the
Supreme People's Court, the State Auditor General,” is added by point c Clause
72 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[19]
This Clause is amended by Clause 7 Article
1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on Handing
Administrative Violations, which has been effective since January 01, 2022.
[20]
This Clause is amended by Clause 8 Article
1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on Handing Administrative
Violations, which has been effective since January 01, 2022.
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[22]
This Clause is amended by Clause 9 Article
1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on Handing
Administrative Violations, which has been effective since January 01, 2022.
[23]
This Clause is amended by point a Clause
10 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[24]
This Clause is amended by point b Clause
10 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[25]
This Clause is amended by Clause 11
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[26]
The phrase “Disposal of exhibits or means
used for commission of administrative violations that are confiscated shall
comply with regulations laid down in Article 82 of this Law” is deleted by
point b Clause 74 Article 1 of Law No. 67/2020/QH14 on amendments to some
Articles of Law on Handing Administrative Violations, which has been effective
since January 01, 2022.
[27]
“dismantling” is replaced with “wrecking”
as prescribed in point a Clause 73 Article 1 of Law No. 67/2020/QH14 on
amendments to some Articles of Law on Handing Administrative Violations, which
has been effective since January 01, 2022.
[28]
“dismantling” is replaced with “wrecking”
as prescribed in point a Clause 73 Article 1 of Law No. 67/2020/QH14 on
amendments to some Articles of Law on Handing Administrative Violations, which
has been effective since January 01, 2022.
[29]
“dismantling” is replaced with “wrecking”
as prescribed in point a Clause 73 Article 1 of Law No. 67/2020/QH14 on
amendments to some Articles of Law on Handing Administrative Violations, which
has been effective since January 01, 2022.
[30]
The phrase “having a value not exceeding
the fine specified at point b of this Clause" is replaced with the phrase
“having a value not 2 times as much as the fine specified at point b of this
Clause" as prescribed in point k Clause 73 Article 1 of Law No.
67/2020/QH14 on amendments to some Articles of Law on Handing Administrative
Violations, which has been effective since January 01, 2022.
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[32]
The phrase “having a value not exceeding
the fine specified at point b of this Clause" is deleted by point c Clause
74 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[33]
This first paragraph is amended by point a
Clause 12 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of
Law on Handing Administrative Violations, which has been effective since
January 01, 2022.
[34]
This first paragraph is amended by point b
Clause 12 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of
Law on Handing Administrative Violations, which has been effective since
January 01, 2022.
[35]
The phrase “having a value not exceeding
the fine specified at point b of this Clause" is replaced with the phrase
“having a value not 2 times as much as the fine specified at point b of this
Clause" as prescribed in point k Clause 73 Article 1 of Law No.
67/2020/QH14 on amendments to some Articles of Law on Handing Administrative
Violations, which has been effective since January 01, 2022.
[36]
This first paragraph is amended by point c
Clause 12 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of
Law on Handing Administrative Violations, which has been effective since
January 01, 2022.
[37]
The phrase “having a value not exceeding
the fine specified at point b of this Clause" is replaced with the phrase
“having a value not 2 times as much as the fine specified at point b of this
Clause" as prescribed in point k Clause 73 Article 1 of Law No.
67/2020/QH14 on amendments to some Articles of Law on Handing Administrative
Violations, which has been effective since January 01, 2022.
[38]
This first paragraph is amended by point d
Clause 12 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of
Law on Handing Administrative Violations, which has been effective since
January 01, 2022.
[39]
The phrase “VND 50.000.000” is replaced with
the phrase “VND 100.000.000" as prescribed in point b Clause 73 Article 1
of Law No. 67/2020/QH14 on amendments to some Articles of Law on Handing
Administrative Violations, which has been effective since January 01, 2022.
[40]
The phrase “having a value not exceeding
the fine specified at point b of this Clause" is deleted by point c Clause
74 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01, 2022.
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[42]
This Clause is added by point a Clause 13
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[43]
This Clause is amended by point b Clause
13 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[44]
This Clause is amended by point b Clause
13 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[45]
This Clause is amended by point c Clause
13 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[46]
The phrase “having a value not exceeding
the fine specified at point b of this Clause" is replaced with the phrase
“having a value not 2 times as much as the fine specified at point b of this
Clause" as prescribed in point k Clause 73 Article 1 of Law No.
67/2020/QH14 on amendments to some Articles of Law on Handing Administrative
Violations, which has been effective since January 01, 2022.
[47]
This first paragraph is amended by point a
Clause 14 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of
Law on Handing Administrative Violations, which has been effective since
January 01, 2022.
[48]
The phrase “having a value not exceeding
the fine specified at point b of this Clause" is replaced with the phrase
“having a value not 2 times as much as the fine specified at point b of this
Clause" as prescribed in point k Clause 73 Article 1 of Law No.
67/2020/QH14 on amendments to some Articles of Law on Handing Administrative
Violations, which has been effective since January 01, 2022.
[49]
This Clause is amended by point b Clause
14 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[50]
This first paragraph is amended by point c
Clause 14 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of
Law on Handing Administrative Violations, which has been effective since
January 01, 2022.
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[52]
The phrase “having a value not exceeding
the fine specified at point b of this Clause" is replaced with the phrase
“having a value not 2 times as much as the fine specified at point b of this
Clause" as prescribed in point k Clause 73 Article 1 of Law No.
67/2020/QH14 on amendments to some Articles of Law on Handing Administrative
Violations, which has been effective since January 01, 2022.
[53]
The phrase “having a value not exceeding
the fine specified at point b of this Clause" is replaced with the phrase
“having a value not 2 times as much as the fine specified at point b of this
Clause" as prescribed in point k Clause 73 Article 1 of Law No.
67/2020/QH14 on amendments to some Articles of Law on Handing Administrative
Violations, which has been effective since January 01, 2022.
[54]
This first paragraph is amended by Clause
16 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[55]
The phrase “having a value not exceeding
the fine specified at point b of this Clause" is replaced with the phrase
“having a value not 2 times as much as the fine specified at point b of this
Clause" as prescribed in point k Clause 73 Article 1 of Law No.
67/2020/QH14 on amendments to some Articles of Law on Handing Administrative
Violations, which has been effective since January 01, 2022.
[56]
The phrase “forest and forest product
management” is replaced with the phrase “forestry" as prescribed in point
c Clause 73 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of
Law on Handing Administrative Violations, which has been effective since
January 01, 2022.
[57]
This Article is added by Clause 17 Article
1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on Handing
Administrative Violations, which has been effective since January 01, 2022.
[58]
This first paragraph is added by Clause 18
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[59]
The phrase “having a value not exceeding
the fine specified at point b of this Clause" is replaced with the phrase
“having a value not 2 times as much as the fine specified at point b of this
Clause" as prescribed in point k Clause 73 Article 1 of Law No.
67/2020/QH14 on amendments to some Articles of Law on Handing Administrative
Violations, which has been effective since January 01, 2022.
[60]
The phrase “having a value not exceeding
the fine specified at point b of this Clause" is deleted by point c Clause
74 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
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[62]
The phrase “having a value not exceeding
the fine specified at point b of this Clause" is replaced with the phrase
“having a value not 2 times as much as the fine specified at point b of this
Clause" as prescribed in point k Clause 73 Article 1 of Law No.
67/2020/QH14 on amendments to some Articles of Law on Handing Administrative
Violations, which has been effective since January 01, 2022.
[63]
This first paragraph is amended by point b
Clause 19 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of
Law on Handing Administrative Violations, which has been effective since
January 01, 2022.
[64]
The phrase “having a value not exceeding
the fine specified at point b of this Clause" is deleted by point c Clause
74 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[65]
This first paragraph is amended by point c
Clause 19 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of
Law on Handing Administrative Violations, which has been effective since
January 01, 2022.
[66]
This Article is added by Clause 20 Article
1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on Handing
Administrative Violations, which has been effective since January 01, 2022.
[67]
The phrase “having a value not exceeding
the fine specified at point b of this Clause" is replaced with the phrase
“having a value not 2 times as much as the fine specified at point b of this
Clause" as prescribed in point k Clause 73 Article 1 of Law No.
67/2020/QH14 on amendments to some Articles of Law on Handing Administrative
Violations, which has been effective since January 01, 2022.
[68]
The phrase “other sub-ministerial chief
inspectors under ministries and equivalent” is added by point a Clause 1
Article 116 of Law No. 11/2022/QH15 on Inspection, which has been effective
since July 01, 2023.
[69]
This first paragraph is amended by point a
Clause 21 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of
Law on Handing Administrative Violations, which has been effective since
January 01, 2022.
[70]
The phrase “having a value not exceeding
the fine specified at point b of this Clause" is replaced with the phrase
“having a value not 2 times as much as the fine specified at point b of this
Clause" as prescribed in point k Clause 73 Article 1 of Law No.
67/2020/QH14 on amendments to some Articles of Law on Handing Administrative Violations,
which has been effective since January 01, 2022.
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[72]
This first paragraph is amended by point b
Clause 21 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of
Law on Handing Administrative Violations, which has been effective since
January 01, 2022.
[73]
The phrase “having a value not exceeding
the fine specified at point b of this Clause" is replaced with the phrase
“having a value not 2 times as much as the fine specified at point b of this
Clause" as prescribed in point k Clause 73 Article 1 of Law No. 67/2020/QH14
on amendments to some Articles of Law on Handing Administrative Violations,
which has been effective since January 01, 2022.
[74]
This first paragraph is amended by point c
Clause 21 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of
Law on Handing Administrative Violations, which has been effective since
January 01, 2022.
[75]
This Clause is amended by point d Clause
21 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[76]
The phrase “having a value not exceeding
the fine specified at point b of this Clause" is replaced with the phrase
“having a value not 2 times as much as the fine specified at point b of this
Clause" as prescribed in point k Clause 73 Article 1 of Law No.
67/2020/QH14 on amendments to some Articles of Law on Handing Administrative
Violations, which has been effective since January 01, 2022.
[77]
This first paragraph is amended by Clause
22 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[78]
The phrase “VND 25.000.000” is replaced
with the phrase “VND 50.000.000" as prescribed in point d Clause 73 Article
1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on Handing
Administrative Violations, which has been effective since January 01, 2022.
[79]
The phrase “having a value not exceeding
the fine specified at point b of this Clause" is deleted by point c Clause
74 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[80]
The phrase “having a value not exceeding
the fine specified at point b of this Clause" is replaced with the phrase
“having a value not 2 times as much as the fine specified at point b of this
Clause" as prescribed in point k Clause 73 Article 1 of Law No.
67/2020/QH14 on amendments to some Articles of Law on Handing Administrative
Violations, which has been effective since January 01, 2022.
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[82]
The phrase “having a value not exceeding
the fine specified at point b of this Clause" is replaced with the phrase
“having a value not 2 times as much as the fine specified at point b of this
Clause" as prescribed in point k Clause 73 Article 1 of Law No.
67/2020/QH14 on amendments to some Articles of Law on Handing Administrative
Violations, which has been effective since January 01, 2022.
[83]
This first paragraph is amended by Clause
23 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[84]
The phrase “used for” is deleted by point
d Clause 74 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of
Law on Handling Administrative Violations, which has been effective since
January 01, 2022.
[85]
This Article is added by Clause 24 Article
1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on Handing
Administrative Violations, which has been effective since January 01, 2022.
[86]
The phrase “having a value not exceeding
the fine specified at point b of this Clause" is replaced with the phrase
“having a value not 2 times as much as the fine specified at point b of this
Clause" as prescribed in point k Clause 73 Article 1 of Law No.
67/2020/QH14 on amendments to some Articles of Law on Handing Administrative
Violations, which has been effective since January 01, 2022.
[87]
This Clause is annulled by point b Clause
25 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[88]
The phrase “having a value not exceeding
the fine specified at point b of this Clause" is deleted by point c Clause
74 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[89]
This first paragraph is amended by point a
Clause 25 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of
Law on Handing Administrative Violations, which has been effective since
January 01, 2022.
[90]
This Article is annulled by Clause 75
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handling Administrative Violations, which has been effective since January 01,
2022.
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[92]
This Article is amended by Clause 27 Article
1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on Handing
Administrative Violations, which has been effective since January 01, 2022.
[93]
This Article is amended by Clause 28
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[94]
This Article is amended by Clause 29
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[95]
The phrase “, means” is added by point d
Clause 72 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of
Law on Handing Administrative Violations, which has been effective since
January 01, 2022.
[96]
The phrase “, means” is added by point d
Clause 72 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of
Law on Handing Administrative Violations, which has been effective since
January 01, 2022.
[97]
The phrase “, means” is added by point d
Clause 72 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of
Law on Handing Administrative Violations, which has been effective since
January 01, 2022.
[98]
The phrase “, means” is added by point d
Clause 72 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of
Law on Handing Administrative Violations, which has been effective since
January 01, 2022.
[99]
The phrase “, means” is added by point d
Clause 72 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of
Law on Handing Administrative Violations, which has been effective since
January 01, 2022.
[100]
The phrase “, means” is added by point d
Clause 72 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of
Law on Handing Administrative Violations, which has been effective since
January 01, 2022.
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[102]
The phrase “, means” is added by point d
Clause 72 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of
Law on Handing Administrative Violations, which has been effective since
January 01, 2022.
[103]
The phrase “, means” is added by point d
Clause 72 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of
Law on Handing Administrative Violations, which has been effective since
January 01, 2022.
[104]
The phrase “, means” is added by point d
Clause 72 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of
Law on Handing Administrative Violations, which has been effective since
January 01, 2022.
[105]
The phrase “, means” is added by point d
Clause 72 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of
Law on Handing Administrative Violations, which has been effective since
January 01, 2022.
[106]
The phrase “24 hours” is replaced with “48
hours” as prescribed in point dd Clause 73 Article 1 of Law No. 67/2020/QH14 on
amendments to some Articles of Law on Handing Administrative Violations, which
has been effective since January 01, 2022.
[107]
The phrase “24 hours” is replaced with “48
hours” as prescribed in point dd Clause 73 Article 1 of Law No. 67/2020/QH14 on
amendments to some Articles of Law on Handing Administrative Violations, which
has been effective since January 01, 2022.
[108]
The phrase “Clause 5 and Clause 9” is
deleted by point dd Clause 74 Article 1 of Law No. 67/2020/QH14 on amendments
to some Articles of Law on Handing Administrative Violations, which has been
effective since January 01, 2022.
[109]
The phrase “, means” is added by point d
Clause 72 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of
Law on Handing Administrative Violations, which has been effective since
January 01, 2022.
[110]
This Article is amended by Clause 30
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
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[112]
The phrase “authority entitled to pursue
criminal proceeding” is replaced with the phrase “competent authority entitled
to pursue criminal proceeding" as prescribed in point e Clause 73 Article
1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on Handing
Administrative Violations, which has been effective since January 01, 2022.
[113]
The phrase “authority entitled to pursue
criminal proceeding” is replaced with the phrase “competent authority entitled
to pursue criminal proceeding" as prescribed in point e Clause 73 Article
1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on Handing
Administrative Violations, which has been effective since January 01, 2022.
[114]
The phrase “authority entitled to pursue
criminal proceeding” is replaced with the phrase “competent authority entitled
to pursue criminal proceeding" as prescribed in point e Clause 73 Article
1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on Handing
Administrative Violations, which has been effective since January 01, 2022.
[115]
The phrase “authority entitled to pursue
criminal proceeding” is replaced with the phrase “competent authority entitled
to pursue criminal proceeding" as prescribed in point e Clause 73 Article
1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on Handing
Administrative Violations, which has been effective since January 01, 2022.
[116]
The phrase “authority entitled to pursue
criminal proceeding” is replaced with the phrase “competent authority entitled
to pursue criminal proceeding" as prescribed in point e Clause 73 Article
1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on Handing
Administrative Violations, which has been effective since January 01, 2022.
[117]
The phrase “authority entitled to pursue
criminal proceeding” is replaced with the phrase “competent authority entitled
to pursue criminal proceeding" as prescribed in point e Clause 73 Article
1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on Handing
Administrative Violations, which has been effective since January 01, 2022.
[118]
The phrase “,organization(s)” is added by
point b Clause 72 Article 1 of Law No. 67/2020/QH14 on amendments to some
Articles of Law on Handling Administrative Violations, which has been effective
since January 01, 2022.
[119]
This Clause is amended by Clause 31
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[120]
This Clause is amended by Clause 31
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
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[122]
The phrase “, radio frequencies” is added
by Clause 2 Article 2 of Law No. 09/2022/QH15 on amendments to some Articles of
Law on Radio Frequencies, which has been effective since July 01, 2023.
[123]
This Clause is amended by Clause 33
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[124]
This Article is amended by Clause 34
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[125]
The phrase “and the full name and title of
the legal representative” is added by point dd Clause 72 Article 1 of Law No.
67/2020/QH14 on amendments to some Articles of Law on Handling Administrative
Violations, which has been effective since January 01, 2022.
[126]
This Clause is amended by Clause 35
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[127]
This Clause is amended by Clause 35
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[128]
This Clause is amended by Clause 36
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[129]
This Article is amended by Clause 37
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[130]
This Article is amended by Clause 38
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
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[132]
This Clause is amended by Clause 40
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[133]
This Clause is amended by Clause 41
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[134]
This Clause is amended by Clause 42
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[135]
This Article is annulled by Clause 75
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handling Administrative Violations, which has been effective since January 01,
2022.
[136]
This Clause is amended by Clause 43
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[137]
This Article is amended by Clause 44
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[138]
This Clause is amended by point a Clause
45 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[139]
This Clause is amended by point b Clause
45 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[140]
This Point is amended by point c Clause 45
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
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[142]
This Article is amended by Clause 47
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[143]
This Clause is amended by Clause 48
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[144]
The word “hospital” is replaced with the
phrase “medical/healthcare establishments at the district or higher level"
as prescribed in point g Clause 73 Article 1 of Law No. 67/2020/QH14 on
amendments to some Articles of Law on Handing Administrative Violations, which
has been effective since January 01, 2022.
[145]
This Clause is amended by Clause 49
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[146]
The word “hospital” is replaced with the
phrase “medical/healthcare establishments at the district or higher level"
as prescribed in point g Clause 73 Article 1 of Law No. 67/2020/QH14 on
amendments to some Articles of Law on Handing Administrative Violations, which
has been effective since January 01, 2022.
[147]
This Clause is amended by Clause 50
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[148]
This Clause is amended by Clause 51
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on Handing
Administrative Violations, which has been effective since January 01, 2022.
[149]
The phrase “03 days” is replaced with the
phrase “02 working days" as prescribed in point h Clause 73 Article 1 of
Law No. 67/2020/QH14 on amendments to some Articles of Law on Handing
Administrative Violations, which has been effective since January 01, 2022.
[150]
This Clause is amended by Clause 52
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
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[152]
The phrase “,the Director of the
provincial Police” is added by point e Clause 72 Article 1 of Law No.
67/2020/QH14 on amendments to some Articles of Law on Handing Administrative
Violations, which has been effective since January 01, 2022.
[153]
This Clause is amended by Clause 54
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[154]
This Clause is amended by Clause 55
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[155]
The phrase “,the Director of the
provincial Police” is added by point e Clause 72 Article 1 of Law No.
67/2020/QH14 on amendments to some Articles of Law on Handing Administrative
Violations, which has been effective since January 01, 2022.
[156]
This Article is amended by Clause 56
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[157]
This Clause is amended by Clause 57
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[158]
This Article is amended by Clause 58
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[159]
This Clause is amended by Clause 59
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[160]
The word “hospital” is replaced with the
phrase “medical/healthcare establishments at the district or higher level"
as prescribed in point g Clause 73 Article 1 of Law No. 67/2020/QH14 on
amendments to some Articles of Law on Handing Administrative Violations, which
has been effective since January 01, 2022.
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...
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[162]
The word “hospital” is replaced with the
phrase “medical/healthcare establishments at the district or higher level"
as prescribed in point g Clause 73 Article 1 of Law No. 67/2020/QH14 on
amendments to some Articles of Law on Handing Administrative Violations, which
has been effective since January 01, 2022.
[163]
This Clause is amended by Clause 60
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[164]
This Clause is amended by Clause 1 Article
102 of Law No. 54/2014/QH13 on Customs, which has been effective since January
01, 2015 for the first time.
This Clause is amended by
point a Clause 61 Article 1 of Law No. 67/2020/QH14 on amendments to some
Articles of Law on Handing Administrative Violations, which has been effective
since January 01, 2022.
[165]
This Clause is amended by point b Clause
61 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[166]
This Clause is amended by point c Clause
61 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[167]
This Article is amended by Clause 62
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[168]
This Point is amended by Clause 63 Article
1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on Handing
Administrative Violations, which has been effective since January 01, 2022.
[169]
This Clause is amended by point a Clause
64 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
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[171]
This Clause is amended by point a Clause
64 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[172]
This Clause is added by point a Clause 64
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[173]
This Clause is added by point a Clause 64
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[174]
This Clause is added by point a Clause 64
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[175]
This Clause is amended by point b Clause
64 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[176]
This Clause is amended by point b Clause
64 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[177]
This Clause is amended by point b Clause
64 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[178]
This Clause is added by point b Clause 64
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[179]
This Clause is amended by point a Clause
65 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
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[181]
This Clause is added by point b Clause 65
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[182]
This Clause is added by point b Clause 65
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[183]
This Clause is amended by point c Clause
65 Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[184]
The phrase “02 witnesses” is replaced with the phrase “at least 01
witness" as prescribed in point i Clause 73 Article 1 of Law No.
67/2020/QH14 on amendments to some Articles of Law on Handing Administrative
Violations, which has been effective since January 01, 2022.
[185]
The phrase “02 witnesses” is replaced with
the phrase “at least 01 witness" as prescribed in point i Clause 73
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[186]
This Article is amended by Clause 66
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[187]
This Clause is amended by Clause 67
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[188]
This Clause is amended by Clause 68
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
[189]
This Clause is amended by Clause 69
Article 1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on
Handing Administrative Violations, which has been effective since January 01,
2022.
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[191]
This Article is added by Clause 71 Article
1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on Handing
Administrative Violations, which has been effective since January 01, 2022.
[192] Article 103 of the Law on Customs No. 54/2014/QH13, which
has been effective since January 01, 2015, stipulates that:
“Article 103. Entry
into force
This Law comes into
force as of January, 01 2015.
Law No. 29/2001/QH10
on Customs and Law No. 42/2005/QH11 on amendments to some Articles of Law on
Customs shall cease to have effect from the effective date of this Law.”.
Article 104 and Article
105 of the Law on Fishery No. 18/2017/QH14, which has been effective since
January 01, 2019, stipulate that:
“Article 104. Entry
into force
1. This Law comes into
force as of January, 01 2019.
2. The Law No.
17/2003/QH11 on Fishery shall cease to have effect from the effective date of
this Law.
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1. The
maximum fine for administrative violations against regulations on
protection of aquatic resources and marine species applicable to an
individual specified in Point dd Clause 1 Article 24 of Law
No. 15/2012/QH13 on Handling Administrative
Violations shall be amended as follows: The maximum fine for administrative
violations against regulations on state management of fishery applicable to an
individual is VND 1.000.000.000.
2. Licenses,
certificates, degrees and written approval related to fisheries issued before
the effective date of this Law may be used until their expiry date.
3. National technical
regulations and economic-technical norms issued before the effective date
of this Law will be applicable until they are annulled or replaced.”.
Article 3 of Law No.
67/2020/QH14 on amendments to some Articles of the Law on Handling Administrative
Violations, which comes into force from January 01, 2020, stipulates that:
“Article 3. Entry
into force
This Law comes into
force as of January, 01 2022.”.
Article 3 and Article 4
of Law No. 09/2022/QH15 on amendments to some Articles of the Law on Radio
Frequencies, which has been effective since July 01, 2023, stipulate that:
“Article 3. Entry
into force
1. This Law comes into
force from July 01, 2023, except for the case specified in Clause 2 of this
Article.
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Article 4.
Transitional clauses
1. Any license to use
radio frequencies issued before the effective date of this Law may be used until
its expiry. Any radio operator certificate issued before July 01, 2024 may be
used until its expiry.
2. Any holder of the
license to use frequency bands which is issued to establish public land mobile
communication network but expires before September 06, 2023 may have its
license extended as prescribed in Article 16 of the Law on Radio Frequencies
No. 42/2009/QH12 and points a, b and c Clause 1 Article 22 of the Law on Radio
Frequencies No. 42/2009/QH12 amended by Clause 9 Article 1 of this Law until September
15, 2014 and is not required to pay the fee for processing of application for
the rights to use radio frequencies for the extension period.
3. Any holder of the
license to use frequency bands which is issued to establish public land mobile
communication network but expires before September 16, 2024 is not required to
pay the fee for processing of application for the rights to use radio
frequencies until the expiry date written on such license and shall not have
its license extended, except for the case specified in Clause 2 of this
Article.
4. The Ministry of
Information and Communications shall notify the frequency band planning with
respect to the frequency bands allocated to the organizations specified in
Clauses 2 and 3 of this Article before August 01, 2023. The number of frequency
bands considered being re-allocated but sharing the same radio frequencies
according to the license to use frequency bands issued before the effective
date of this Law may be re-allocated depending on their current use.
5. The provision of
training to radio operators and issuance of radio operator certificates shall
continue to be carried out under the Law on Radio Frequencies No. 42/2009/QH12
until June 30, 2024.”.
Article
117 and Article 118 of the Law on Inspection No. 11/2022/QH15, which has been
effective since July 01, 2023, stipulate that:
“Article
117. Entry into force
1.
This Law comes into force as of July, 01 2023.
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Article
118. Transitional clauses
Inspections with
inspection decisions issued before the effective date of this Law shall
continue to be carried out under the Law No. 56/2010/QH12 on Inspection.”.
[193]
This Article is annulled by Clause 75 Article
1 of Law No. 67/2020/QH14 on amendments to some Articles of Law on Handling
Administrative Violations, which has been effective since January 01, 2022.