| THE OFFICE OF THE NATIONAL ASSEMBLY | THE SOCIALIST REPUBLIC OF VIETNAM |
| No. 20/VBHN-VPQH | Hanoi, December 29, 2022 |
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.”.
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 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 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 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.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
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 , 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 ;
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 :
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 :
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 :
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 :
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, 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 :
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 :
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 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 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 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 .
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 ;
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
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 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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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 .
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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[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.
File gốc của Integrated document No. 20/VBHN-VPQH dated December 29, 2022 Law on handling administrative violations đang được cập nhật.
Integrated document No. 20/VBHN-VPQH dated December 29, 2022 Law on handling administrative violations
Tóm tắt
| Cơ quan ban hành | Văn phòng quốc hội |
| Số hiệu | 20/VBHN-VPQH |
| Loại văn bản | Văn bản hợp nhất |
| Người ký | Bùi Văn Cường |
| Ngày ban hành | 2022-12-29 |
| Ngày hiệu lực | 2022-12-29 |
| Lĩnh vực | Vi phạm hành chính |
| Tình trạng | Còn hiệu lực |