CIRCULAR

GUIDELINES FOR SOME ARTICLES OF GOVERNMENT’S DECREE NO. 19/2020/ND-CP DATED FEBRUARY 12, 2020 ON INSPECTION AND SANCTIONING OF VIOLATIONS ARISING FROM ENFORCEMENT OF LAWS ON ADMINISTRATIVE PENALTIES

Pursuant to Law on handling administrative violations of Vietnam dated June 20, 2012; the Law on amendments and supplements to certain articles of Law on handling administrative violations of Vietnam dated November 13, 2020;

Pursuant to Decree No. 96/2017/ND-CP dated August 16, 2017 of Government on functions, tasks, powers, and organizational structure of Ministry of Justice of Vietnam;

Pursuant to Government’s Decree No. 19/2020/ND-CP dated February 12, 2020 on inspection and sanctioning of violations arising from enforcement of laws on administrative penalties;

Pursuant to Government’s Decree No. 118/2021/ND-CP dated December 23, 2021 elaborating certain articles and enforcement of the Law on handling of administrative violations;

At the request of Director of Department of Management of Handling of Administrative Violations and Monitoring of Law Implementation;

The Minister of Justice hereby promulgates the Circular on guidelines for some articles of Government’s Decree No. 19/2020/ND-CP dated February 12, 2020 on inspection and sanctioning of violations arising from enforcement of laws on administrative penalties

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1. Scope:

a) This Circular provides guidelines for some articles of Government’s Decree No. 19/2020/ND-CP dated February 12, 2020 on inspection and sanctioning of violations arising from enforcement of laws on administrative penalties (hereinafter referred to as “Decree No. 19/2020/ND-CP”) on inspection authority, modification of plans for inspection, inspection duration, declaration of inspection conclusions, results and processing of results of monitoring of the implementation of inspection conclusions on enforcement of laws on handling of administrative violations;

b) The Ministers, Heads of ministerial-level agencies, the Presidents of the People's Committees at all levels, heads of agencies and units who have the power to impose administrative penalties make self-inspection of the implementation of law on handling of administrative violations within their own agencies or units; inspect the persons who have the power to impose administrative penalties under their management; and fail to follow the order and procedures as prescribed in this Circular and Decree No. 19/2020/ND-CP.

2. Regulated entities:

Agencies, organizations and individuals specified in Article 2 of Decree No. 19/2020/ND-CP.

Article 2. Power to inspect the implementation of law on handling of administrative violations

The power to inspect the implementation of law on handling of administrative violations shall comply with Article 6 of Decree No. 19/2020/ND-CP. To be specific:

1. The Ministers and Heads of ministerial-level agencies inspects the implementation of law on handling of administrative violations within their remit in the whole of country. The General Director of Vietnam Social Security of Vietnam inspects the implementation of law on handling of administrative violations within their remit.

Eg: The Minister of Industry and Trade of Vietnam inspects the implementation of law on handling of administrative violations within their remit in the whole of country (Departments of Market Management of provinces, the People's Committees of provinces...).

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3. b) The Minister of Justice assists the Government to inspect the implementation of law on handling of administrative violations of Supreme People's Court, State Audit according to regulations of Article 17 of the Law on Handling of Administrative Violations.

4. The Presidents of the People's Committees of provinces shall inspect the implementation of law on handling of administrative violations of the following agencies.

a) Specialized agencies of the People's Committees of provinces, the People's Committees of districts and the People's Committees of communes within their remit;

b) Agencies under central authorities that are organized in the vertical structure in the local areas specified in Clause 6 of this Article.

In case of a central agency that is organized in vertical structure in a province but whose scope of activities involves many provinces, the President of the People's Committee of province where its headquarter is located shall have the power to inspect the contents regarding the implementation of law on handling of administrative violations within the areas under their management.

5. The Presidents of the People's Committees of districts shall inspect the implementation of law on handling of administrative violations of the following agencies.

a) Specialized agencies under the People’s Committees of districts and communes within the areas under their management;

b) Agencies under central authorities that are organized in the vertical structure at the same level within their remit specified in Clause 6 of this Article.

6. Heads of agencies and units under central authorities that are organized in the vertical structure and manage persons who have the power to impose administrative penalties, including: People's Public Security; Border Guard; Coast Guard; Custom; Fisheries Surveillance; Tax; Market management; Civil judgment enforcement agencies; State Treasury; State bank; centralized system of statistical organization; social insurance and other agencies and units under the central agencies which are organized in the vertical structure according to regulations of law inspect the implementation of law on handling of administrative violations for their inferior units.

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1. The agencies of the persons who have the power to introduce the inspection plans as prescribed in Clause 2, Article 12 of Decree No. 19/2020/ND-CP shall be responsible for cooperation with relevant agencies in conducting the survey before introduction of the inspection plans to avoid overlapping. To be specific:

a) The Ministries, ministerial-level agencies and Vietnam Social Security within their duties and powers take charge and cooperate with the Ministry of Justice and relevant agencies in conducting survey and collecting information to make inspection plans;

b) The People's Committees at all levels and agencies under central agencies that are organized in vertical structure in local areas within their duties and powers shall take charge and cooperate with relevant agencies in conducting survey and collecting information to make inspection plans;

c) The Ministry of Justice, within their duties and powers, is responsible for cooperate with ministries, ministerial-level agencies, Vietnam Social Security, the Supreme People's Court and the State Audit in making inspection plans and resolving the overlapping plans for inspection.

The inspection plans of ministries, ministerial-level agencies, central agencies and persons who have the power to inspect shall be sent to the Ministry of Justice (Department of Management of Handling of Administrative Violations and Monitoring of Law Implementation) within 10 working days from the date of introduction of the plans to monitor, cooperate and organize the implementation.

2. The persons who have the power to introduce the inspection plans shall modify the plans in the following cases:

a) Overlapping subjects, contents and time of inspection;

b) Occurrence of natural disaster, fire, epidemic or force majeure events that impact(s) on implementation of the inspection plans;

c) Direction of the heads of direct supervisory entities;

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3. Detection of subjects, contents and time of inspection that overlap with that of the previous plans for inspection:

a) An agency or unit that introduces the later plan for inspection with overlapping contents shall modify the contents of the plan.

b) In case of the inspection plans with overlapping contents that are introduced at the same time, the contents of the later plan that is sent to the inspectee shall be modified.

4. Agencies or units that take charge of resolution of overlapping contents in the inspection plans:

a) Central authorities: The agencies and units that introduce the inspection plans with overlapping contents shall take charge and cooperate with the Ministry of Justice in resolution according to the principles stated in Clause 3 of this Article;

b) Local authorities: The People's Committees of provinces or districts shall take charge and cooperate with agencies and units that introduce the inspection plans with overlapping contents in resolution according to the principles stated in Clause 3 of this Article.

5. The decision on modification of the inspection plans shall be sent to the inspectee, relevant agencies, organizations and individuals right after the competent persons modify the inspection plans.

6. In case of modification of the inspection plans, Department of Management of Handling of Administrative Violations and Monitoring of Law Implementation under the Ministry of Justice, the legal departments of the ministries, the ministerial-level agencies, the legal departments or organizations that have equivalent functions and tasks under the agencies or units that manage the persons who have the power to impose administrative penalties, Departments of Justice or Divisions of Justice shall report to the competent persons specified in Article 6 of Decree No. 19/ 2020/ND-CP for consideration and decision on modification of the inspection plans.

7. Decision on introduction of the inspection plans, decision on adjustment of the inspection plans, report on inspection results and decision on inspection of implementation of the inspection conclusions shall be made according to Form No. 01, Form No. 02, Form No. 03, Form No. No. 05 and No. 11 Appendix on some forms in inspection of implementation of law on handling of administrative violations issued together with this Circular.

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1. Suspension of inspection of implementation of law on handling of administrative violations:

a) The inspection shall be suspended in cases specified points a and b of Clause 2 Article 3 of this Circular;

b) The time of suspension of the inspection shall not be included in the inspection duration;

c) The head of the inspection team or the authorized person shall report to the person having the power to issue the decision on inspection for consideration or decision on suspension of inspection;

d) The document on suspension of the inspection shall be presented in the form of a Official Dispatch according to regulations of the Government on records management. In which, the reasons for the suspension and the duration of the suspension shall be clearly stated;

dd) The Official Dispatch on suspension of inspection of implementation of law on handling of administrative violations shall be sent to the inspectorate, inspectee, relevant agencies, organizations or individuals right after promulgation;

e) Continue to inspect implementation of law on handling of administrative violations if there is no reason for suspension.

2. Necessary cases of extension of the inspection duration as prescribed in Clause 3, Article 13 of Decree No. 19/2020/ND-CP:

a) It is necessary to verify and clarify records of administrative violations that have complex details. The inspectee fails to cooperate or causes difficulties in inspection.

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The extended time for each inspection in the cases specified in Clause 2 of this Article must not exceed 07 working days.

3. At least 02 working days before the end of the inspection duration according to regulations, the head of the inspection team or the authorized person must report to the person having the power to issue the decision on inspection for consideration, decision on extension of the inspection time.

4. Decision on extension of the inspection time shall be sent to the inspection team, the inspectee and relevant agencies, organizations and individuals right after promulgation.

5. Decision on extension of the inspection time shall comply with Form No.04 Appendix on some forms in inspection of implementation of law on handling of administrative violations issued together with this Circular.

Article 5. Declaration of conclusions on inspection of implementation of law on handling of administrative violations

1. The inspection conclusions shall be declared, except for contents relevant to state secrets, military domains, national defense, national security, work secrets and other secret contents prescribed by law.

2. The declared contents of the inspection conclusion shall be made into a notification of inspection conclusion signed by the person having the power to inspect or the authorized person according to regulations of Clause 3, Article 15 of Decree No. 19/2020/ND- CP. Contents of the notification of inspection conclusions:

a) Contents of inspection;

b) Overview on the achieved results; issues, weaknesses; specific defects that have been stated in the inspection conclusions;

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3. Within 10 working days from the date of signing the inspection conclusion, the person having the power to introduce the inspection conclusion or the authorized person according to regulations of Clause 3, Article 15 of Decree No. 19/2020/ND - The CP shall be responsible for declaration of the inspection conclusion in one of the following forms:

a) Hold a meeting to declare the inspection conclusion with attendants including: a person issuing the decision on inspection or an authorized person, an inspection team, an inspectee, relevant agencies, organizations and individuals;

b) Publish the full contents of the notification of inspection conclusion on the portal and website of the inspection agency. The time of publishing shall be at least 30 days;

4. If there are errors in the inspection conclusion or the notification of inspection conclusion that must be corrected and modified, it must also be declared according to regulations of Clauses 1 and 3 of this Article.

5. The person having the power to introduce the inspection conclusion or the authorized person specified in Clause 3, Article 15 of Decree No. 19/2020/ND-CP shall be responsible for the declared contents; correction to misinformation (if any) within 01 working day from the time of detection or receipt of request for correction.

6. Correction to misinformation:

a) If the web portal or website of the inspecting agency fails to provide correct information specified in Clause 2 of this Article, it is required to make correction on the article containing such misinformation or location where such misinformation is published within 24 hours from the time of detection or receipt of request for correction

b) The time of publishing shall be at least 30 days;

7. If the inspection conclusions cannot be declared within the time limit specified in Clause 2 of this Article due to force majeure reasons, the person who is responsible for declaration shall report to the superior head and declare the inspection conclusions right after recovery from force majeure events.

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9. The inspection conclusion and notification of inspection conclusion shall comply with Form No. 06 and Form No. 07 of Appendix on some forms in the inspection of implementation of law on handling of administrative violations issued together with this Circular.

Article 6. Declaration of results and processing of results of monitoring of the implementation of inspection conclusions on enforcement of laws on handling of administrative violations

1. The persons who have the power to introduce the inspection conclusions or the authorized persons shall be responsible for declaration of results and processing of results of monitoring of the implementation of inspection conclusions, except for contents relevant to state secrets, military domains, national defense, national security, work secrets and other secret contents as prescribed by law.

2. The declaration of results and processing of results of monitoring of the implementation of inspection conclusions shall be made into a notification of results and processing of results of monitoring of the implementation of inspection conclusions signed by the person having the power to inspect or the authorized person

The notification of results and processing of results of monitoring of the implementation of inspection conclusions shall be sent to the inspection team, the inspectee and relevant agencies, organizations and individuals right after introduction.

3. The report on the situation and results of implementation of inspection conclusions, report on the results of monitoring of implementation of inspection conclusions; notification of results and processing of results of monitoring of the implementation of inspection conclusions shall comply with Form No. 08, Form No. 09 and Form No. 10, Appendix on some forms in inspection of implementation of law on handling of administrative violations issued together with this Circular.

Article 7: Entry into force

This Circular comes into force as of February 14, 2022.

Article 8. Responsibility of implementation

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2. Department of Management of Handling of Administrative Violations and Monitoring of Law Implementation under the Ministry of Justice, the legal departments of the ministries, the ministerial-level agencies, the legal departments or organizations that have equivalent functions and tasks under the agencies or units that manage the persons who have the power to impose administrative penalties, Departments of Justice or Divisions of Justice shall be responsible for assisting the Ministers, Heads of the ministerial-level agencies, the Presidents of the People's Committees of provinces or districts and Heads of agencies or units that manage the persons who have the power to impose administrative penalties to implement this Circular.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Justice (Department of Management of Handling of Administrative Violations and Monitoring of Law Implementation) for consideration, instructions and amendments.

PP. MINISTER
DEPUTY MINISTER




 Dang Hoang Oanh