Integrated document No. 1651/VBHN-BTP dated March 28, 2025 Decree on elaborating certain articles and enforcement of the Law on actions against administrative violations
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MINISTRY OF
JUSTICE OF VIETNAM |
SOCIALIST
REPUBLIC OF VIETNAM |
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No. 1651/VBHN-BTP |
Hanoi, March 28, 2025 |
DECREE
ELABORATING CERTAIN ARTICLES AND ENFORCEMENT OF THE Law on Actions against administrative violations
Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government on elaboration and enforcement of the Law on Actions against administrative violations, which comes into force from January 01, 2022, is amended by:
Decree No. 68/2025/ND-CP dated March 18, 2025 of the Government amending Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government on elaboration and enforcement of the Law on Actions against administrative violations, which comes into force from May 02, 2025.
Pursuant to the Law on Government Organization dated June 19, 2015 and the Law on Amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;
Pursuant to the Law on Actions against administrative violations dated June 20, 2012; and the Law on amendments to certain Articles of the Law on Actions against administrative violations dated November 13, 2020;
At the request of the Minister of Justice;
The Government of Vietnam promulgates a Decree elaborating certain Articles and enforcement of the Law on Actions against administrative violations1.
GENERAL PROVISIONS
This Decree elaborates certain Articles and enforcement of the Law on Actions against administrative violations including:
1. Entities against whom administrative penalties are imposed.
2. Regulations on administrative violations and administrative penalties.
3. Applications of regulations on administrative penalties.
4. State management of enforcement of laws on actions against administrative violations.
1. Agencies having authority to manage the enforcement of laws on actions against administrative violations.
2. Agencies and persons having authority to take actions against administrative violations.
3. Agencies, organizations and individuals related to the enforcement of laws on actions against administrative violations.
Article 3. Entities against whom administrative penalties are imposed.
1. Entities against whom administrative penalties are imposed prescribed in clause 1 Article 5 of the Law on Actions against administrative violations.
2. Administrative penalties will be imposed upon an organization if the following conditions are fully satisfied:
a) The organization is a juridical person in accordance with civil laws or other organizations are established as prescribed by laws;
b) Administrative violations are committed by representatives, people appointed to act on the organization’s behalf or people committing violations under direction, control, assignment and approval of organizations and these violations prescribed in decrees on administrative penalties for violations of regulations on state management.
3. Penalized organizations are prescribed specifically in decrees on administrative penalties in various state management fields.
4. For branches, representative offices and business locations committing administrative violations within the authorization scope and time limit of juridical persons and organizations or under their direction, control, assignment and approval, these juridical persons and organizations against whose administrative penalties shall be imposed according to fines applicable to organizations for activities organized by branches, representative offices and business locations of these juridical persons and organizations.
For branches, representative offices and business locations of juridical persons and organizations committing administrative violations beyond the authorization scope and time limit of legal entities and organizations or beyond their direction, control, assignment and approval, these branches, representative offices and business locations on whose administrative penalties shall be imposed according to fines applicable to organizations for activities organized by branches, representative offices and business locations of these legal entities and organizations.
5. Household businesses, households and communities that commit administrative violations shall be subject to fines imposed on individuals committing administrative violations. Representatives of household businesses, owners of households, leaders of communities shall be responsible for implementation of decisions on administrative penalties for household businesses, households and communities.
6. In case officials, public employees, members of the People's Army and the People's Public Security Forces and cipher officers who commit violations whilst being on their official duties and missions and these violations belong to the official duties and missions, they shall be not subject to penalties according to regulations of laws on actions against administrative violations but they shall be handled as prescribed by relative laws.
The state authorities which commit violations belonging to the state management missions shall be not subject to penalties as prescribed by laws on actions against administrative violations but shall be handled according to regulations of relevant laws.
REGULATIONS ON ADMINISTRATIVE VIOLATIONS AND ADMINISTRATIVE PENALTIES
Article 4. Regulations on administrative violations, penalties, fines and remedial measures in decrees on administrative penalties in various state management fields
1. Regulations on administrative violations must satisfy the following requirements:
a) Violations must be relative to obligations, liabilities, prohibitions of laws on administrative management order in various state management fields;
b) Violations must meet requirements for ensuring the state administrative management order;
c) Administrative violations must be presented clearly, adequately and specifically to be able to determine violations and impose penalties on them in the reality.
2.[1] Administrative violations shall be stipulated as follows:
a) Acts of administrative violation, penalties, fines and remedial measures must be specified in decrees on penalties for administrative violations in the corresponding state management sectors and must be suitable to nature of these acts.
b) In the case where an act of administrative violation in one sector is related to another sector, the stipulated violation, penalty, fine and remedial measure will be referred to and the authority to impose the penalty for the act will be stipulated. Due to the specific characteristics of the act related to the sector, the location of violation, the consequences of the act, and other objective factors and conditions, the violation, penalty, fine, and remedial measure can be stipulated in association with such characteristics.
3. Penalties and fines shall be prescribed for each administrative violation and must be based on the following elements:
a) Nature and seriousness of violations of the state administrative management order of the violations; for violations that are not serious and simple, warnings must be imposed;
b) Average income and standard of living of the people in each stage of socio-economic development of Vietnam;
c) Level of education and deterrence, reasonableness and feasibility of applying the penalties and fines.
4. Regulations on the penalty frame for each administrative violation must be specific and the gap between the minimum and maximum amount of the penalty frame must be not too large. The penalty frame specified in an article must be arranged in ascending order starting from the smallest amount to the largest amount.
5. Remedial measures shall be prescribed for each administrative violation and must be based on the following requirements:
a) Administrative violations must cause consequences or have the actual possibility of causing consequences;
b) Remedial measures must satisfy requirements for re-recovery in the state administrative management order caused by administrative violations;
c) Remedial measures must be performed clearly, adequately and specifically to be able to apply to the reality and must ensure the practicability.
5a.[2] Regarding an administrative violation for which the penalty is confiscation of evidence and means of administrative violation, decrees on penalties for administrative violations in the state management sectors shall stipulate remedial measures of compelling the repayment of an amount equivalent to the value of the evidence and means of administrative violation that have been consumed, concealed, or destroyed in contravention of the law, ensuring compatibility with the nature and characteristics of the violation. The time for identifying individuals and organizations that illegally consume, concealed, or destroy evidence and means of administrative violations is when the working minutes, the minutes of temporary detention of evidence and means of administrative violations, and the offence notices according to the provisions of law on handling administrative violations.
6. For practising licenses or certificates, operation registration forms erased or repaired for falsifying contents, remedial measures including forcible resubmission of such practising licenses or certificates, operation registration forms to authorities, competent persons who have issued such practising licenses or certificates or registration forms.
Article 5. Regulations on fixed-term suspension of practising licenses or certificates, fixed-term suspension of operations or confiscation of exhibits and means of administrative violations for administrative violations specified in decrees on administrative penalties in various state management fields
1. Basis for suspension of practising licenses or certificates for administrative violations:
a) Direct violations against activities stated in practising licenses or certificates;
b) Violations with serious nature and seriousness against the state administrative management order.
2. Do not suspend practising licenses or certificates for the fixed term in case there are law regulations on revocation of practising licenses or certificates.
3. Regulations on fixed-term partial suspension of operation for administrative violations committed by manufacturers, businesses and service establishments must include licenses according to regulations of laws on the basis of the following:
a) Direct violation against activities specified in licenses;
b) Violations with serious nature and seriousness against the state administrative management order.
c) Administrative violations must cause consequences or have the actual possibility of causing serious consequences for human life, health, environment4.
4. Regulations on fixed-term suspension of operation for manufacture, business and service establishments must include licenses according to regulations of laws in case there are law regulations on revocation of licenses.
5. Regulations on fixed-term partial or full suspension of operation for administrative violations of manufacture, business and service establishments or other operations do not require licenses according to regulations of laws on the basis of nature and serious seriousness of violations against the state administrative management order or serious consequences for human life, health, environment and social security and order that such violations have actual possibility of causing that.
6. In case exhibits and means of administrative violations are5 weapons, explosives, combat gears, objects of historical and cultural worth, national treasures, antiques, precious forest products6, they must be confiscated. For other cases, regulations on the confiscation of exhibits and means of administrative violations must be based on one of the following:
a) Violations are constituted by deliberate faults or serious violations;
b) Objects, money, goods, and means are direct exhibits of the administrative violations or are directly used to commit administrative violations.
7. Fixed-term suspension of licenses and practicing certificates or fixed-term suspension of operation or confiscation of exhibits and means of administrative violations which are primary or additional penalties for specific administrative violations specified in decrees on administrative penalties must be based on Articles 21, 25 and 26 of the Law on Actions against administrative violations, clauses 1, 2, 3, 4, 5 and 6 of this Article and particular nature of each state management field.
8. Duration of fixed-term suspension of practising licenses or certificates or fixed-term suspension of operation for administrative violations must be prescribed in specific time frame and the minimum and maximum gaps between deprivation duration and suspension duration must be not too large.
Article 6. Regulations on power to impose penalties and issue offence notices
1. Power to impose fines of each title must be prescribed specifically in decrees on administrative penalties. For decrees having numerous state management fields, this power must be specifically prescribed for each field.
In case fines for titles prescribed in Articles 38, 39, 40, 41 and 46 of the Law on Actions against administrative violations are accounted as percentages of the maximum fines of corresponding fields prescribed in clause 1 Article 24 of the Law on Actions against administrative violations, the power to impose fines must be prescribed under specific fines to be specified in decrees on administrative penalties in various state management fields.
2. For state management fields prescribed in clause 3 Article 24 of the Law on Actions against administrative violations, in case fines for administrative violations are determined according to the number of times, values of violation exhibits and violation goods, penalties for titles prescribed in Articles 38, 39, 40, 41 and 46 of the Law on Actions against administrative violations shall be accounted according to percentages of maximum fines in such fields and must be prescribed in specific fines to be specified in decrees on administrative penalties in various state management fields.
3. In case decrees on administrative penalties prescribe numerous titles of forces with power to impose penalties in many different state management fields that participate in penalties, they must clearly prescribe power to impose penalties of such forces on each particular clause.
4. Persons with power to issue offence notices include persons with power to impose penalties, officials, public employees and persons of the People's Army, People's Public Security and cipher workers on their official duties, missions; aircraft commanders, captains, ship captains and persons assigned to issue offence notices by the aircraft commanders, captains and ship captains.
Titles with power to issue offence notices are specifically prescribed in the decrees on administrative penalties in each state management field.
5. For administrative violations subject to both penalties including primary penalties which are fine and additional penalties which are expulsion, the decrees on administrative penalties in various state management fields must stipulate power to impose penalties on such violations for titles with power to impose penalties of expulsion as prescribed in point dd clause 5 and clause 7 Article 39 of the Law on Actions against administrative violations.
Chapter III
APPLICATION OF REGULATIONS ON ADMINISTRATIVE PENALTIES
Article 7. Application of legislative documents to impose penalties on administrative violations
1. The application of legislative documents to impose penalties on administrative violations shall be implemented as prescribed in Article 156 of the Law on Promulgation of Legislative Documents.
2. In case an administrative violation is committed in a period in which there are plenty of valid decrees on administrative penalties in various state management fields but no decree can be determined to apply according to clause 1 of this Article, the application of legislative documents to impose penalties on the administrative violation shall be implemented as follows:
a) If the administrative violation has ended, decrees which are valid at the time of terminating the violation shall be applied to impose penalties;
b) If the administrative violation is being committed, decrees which are valid at the time of discovering the violation shall be applied to impose penalties;
3.[3] The authority, procedures and forms applied in the imposition of administrative penalties shall comply with the regulations of legislative documents effective at the time of consideration and handling of the violations.
Article 8. Principles for determination of administrative violations, imposition of administrative penalties, remedial measures and force majeure events
1. The determination of an administrative violation which has ended, or is being committed for the purpose of calculating the prescriptive period shall comply with the following principles:
a) The administrative violation which has ended refers to the violation committed once or several times and there are grounds for determining that the violation has been committed completely before the competent authority or person detects the administrative violation;
b) The administrative violation which is being committed refers to the violation which is happening when the competent authority or person detects the administrative violation and such violation still infringes upon the state management order.
1a.[4] If an individual or organization repeats an administrative violation that was penalized, or commits another violation under the same clause or article at a different level of severity or consequence, it will be considered a repeated violation or multiple counts of violation.
1b.[5] If the multiple counts of violation are defined as an aggravating circumstance and fall under the provisions of Clause 1a of this Article, the highest fine bracket and the longest period of suspension or revocation of practicing certificates/licenses will be imposed for each count of violation.
2. Administrative penalties and remedial measures shall be only applied when decrees on administrative penalties in various state management fields prescribe the penalties and remedial measures for specific administrative violations, except for cases prescribed in clause 2 Article 65 of the Law on Actions against administrative violations.
3. In case the administrative violation has been committed due to objective conditions and circumstances such as an epidemic or due to the obligation to carry out anti-epidemic measures, in order to determine whether to impose administrative penalties or not, persons with power to impose penalties must verify, collect full information, data, documents relating to the administrative violation in order to clarify circumstances of specific cases. In case the epidemic is determined as the direct cause of the administrative violation; if the violator is not able to anticipate disease circumstance and overcome although they took all necessary measures within their abilities, regulations in clause 4 Article 11 of the Law on Actions against administrative violations may be applied to avoid administrative penalties.
Article 9. Imposition of fines; fixed-term suspension of practicing certificates/licenses; fixed-term suspension of operations; confiscation of exhibits/means of administrative violations, and implementation of remedial measures[6]
1. The principle of determining a specific fine for an administrative violation in the case of aggravation or mitigation:
a) The specific fine for an administrative violation is the average amount of the fine range stipulated for the violation;
b) If there is a mitigating circumstance, the specific fine shall be determined within the range from above the minimum to below the average amount of the fine range; in case there are at least 02 mitigating circumstances, the minimum amount of the fine range shall be applied;
c) If there is an aggravating circumstance, the specific fine shall be determined within the range from above the average to below the maximum amount of the fine range; in case there are at least 02 aggravating circumstances, the maximum amount of the fine range shall be applied;
d) If there are both aggravating and mitigating circumstances, one aggravating circumstance will cancel out one mitigating circumstance;
dd) If a decree on penalties for administrative violations in the state management sectors stipulates the principle for determining the specific fine for an administrative violation in the case where there are both aggravating and mitigating circumstances, such decree shall be applied.
2. Regarding an administrative violation in the case of aggravation and/or mitigation, principles for determining the fixed term of suspension of a practicing certificate/license or suspension of operations:
a) The fixed term of suspension of a practicing certificate/license, suspension of operations is determined as the average value of the revocation or suspension time range stipulated for such violation;
b) If there is a mitigating circumstance, the suspension term shall be determined within the range from above the minimum value to below the average value of the suspension time range; in case there are at least 02 mitigating circumstances, the minimum of the time range shall be applied;
c) If there is a aggravating circumstance, the suspension term shall be determined within the range from above the average value to below the maximum value of the suspension time range; in case there are at least 02 aggravating circumstances, the maximum of the time range shall be applied;
d) If there are both aggravating and mitigating circumstances, one aggravating circumstance will cancel out one mitigating circumstance;
dd) If a decree on penalties for administrative violations in the state management sectors stipulates the principle for determining the fixed term of suspension of practicing certificate/license or suspension of operations when committing an administrative violation in the case where there are both aggravating and mitigating circumstances, such decree shall be applied.
3. Imposition of fixed-term suspension of practicing certificates/licenses:
a) In case an individual or organization commits multiple violations that lead to suspension of different types of licenses and practicing certificates at the same time, the suspension period shall be the periods applicable to the corresponding types;
b) In case an individual or organization commits multiple violations at the same time, at least two of which lead to suspension of the same practicing certificate/license for different periods, the longest suspension period shall be applied;
c) In case an individual or organization commits multiple violations under the case specified in clause 1a Article 8 of this Decree, each of which leads to suspension of the same license for different periods, the longest suspension period shall apply.
d) In case an individual or organization commits a violation leading to suspension of a practicing certificate/license which remains valid for a period shorter than the suspension period, the latter shall apply. In case a violating individual or organization is granted a new practicing certificate/license or has their granted practicing certificate/license replaced in the course of suspension according to the penalty decision, they are not allowed to perform the activities written on the practicing certificate/license during the suspension period;
dd) In case an individual or organization commits a violation leading to fixed-term suspension of a practicing certificate/license which is being suspended under the administrative penalty decision, they are considered to operate without practicing certificate/license.
4. Imposition of fixed-term suspension of operations:
a) In case an individual or organization commits multiple violations leading to fixed-term suspension of multiple different operations at the same time, the period of suspension applicable to each operation shall be applied;
b) In case an individual or organization commits multiple violations at the same time, two of which are penalized by suspending the same operation for varying periods, the longest suspension period shall be applied;
c) In case an individual or organization commits multiple violations under the case specified in clause 1a Article 8 of this Decree, each of which leads to suspension of the same operation for a different period, the operation shall be suspended for the longest period among them.
5. In case an individual or organization commits multiple violations which are penalized separately, the commission of multiple violations shall not be considered as an aggravating circumstance when considering deciding administrative penalty for each violation.
6. The authority to impose the suspension of a practicing certificate/license shall comply with the provisions of the Law on Actions against administrative violations, regardless of the authority to issue the practicing certificate/license.
7. The temporary retention or retention of practicing certificates/licenses:
a) During the execution of official duties, competent persons are responsible for verifying the information regarding the practicing certificates/licenses of violating individuals and organizations from databases, electronic identification documents, and electronic identification accounts as stipulated; if the information cannot be verified, they shall request the violating individuals and organizations present their practicing certificates/licenses. In case the temporary retention of practicing certificates/licenses is imposed as prescribed in clause 1 Article 125 of the Law on Actions against administrative violations, competent persons shall request the violating individuals and organizations to submit the physical practicing certificates/licenses and temporarily retain such documents as per regulations;
b) In case the revocation of practicing certificates/licenses is imposed, competent persons shall request the violating individuals and organizations to submit the physical practicing certificates/licenses and retain such documents, except for cases where the practicing certificates/licenses have been temporarily retained as prescribed in clause 7 Article 125 of the Law on Actions against administrative violations;
c) The submission and retention of a physical practicing certificate/license shall be recorded in writing and one record shall be provided to the violating individual or the representative of the violating organization. If the record of temporary retention of a practicing certificate/license has been made, the retention record will remain its value to the end of the period of suspension of the practicing certificate/license according to the administrative penalty decision;
d) In the case where a license is issued in electronic form or presented in the form of a data message, the competent agency or person shall temporarily retain or revoke the electronic license in accordance with regulations if the conditions regarding infrastructure, technical capabilities, and information are met. The temporary retention or revocation of the license shall be updated on the database or electronic identification document/electronic identification account, in accordance with regulations.
8. Within 02 working days from the date of issuance of the penalty decision to revoke a practicing certificate/license, the competent authority that has issued the penalty decision must send the decision to the authority that has issued the practicing certificate/license (issuing authority). The issuing authority shall update information on the retention or revocation of the practicing certificate/license on the database.
9. Persons having authority to confiscate exhibits/means of administrative violations specified in clause 2 Article 65 and clause 4 Article 126 of the Law on Actions against administrative violations are the persons having authority to impose administrative penalties for such violations.
In the case where the exhibits or means of administrative violations are goods that are prohibited from storage and circulation, the determination of the persons having authority to confiscate them shall comply with the provisions in Clause 4, Article 24 of this Decree.
10. Persons having authority to implement the remedial measures specified in clause 2 Article 65 of the Law on Actions against administrative violations are persons having authority to impose administrative penalties for the violations.
11. The person having authority to confiscate the exhibits/means of an administrative violation which are goods, items harmful to human health, livestock, crops, and the environment or harmful cultural products as stipulated in Clause 5 Article 126 of the Law on Actions against administrative violations are those having authority to impose administrative penalties for such violations.
Article 10. Authorization of imposition of administrative penalties
1. Decisions on authorization as prescribed in Article 54, clause 2 Article 87 and clause 2 Article 123 of the Law on Actions against administrative violations must include specific scopes, contents and duration of authorization.
A Decision on authorization must consist of a number, specific date, cite, signature and seal; in case an authority or unit of an assignor does not able to use its own seal, a seal without full name of its superior authority shall be put.
On the legal bases, decisions on administrative penalties, decisions on enforcing execution of decisions on penalties, decisions on application of preventive measures of the authorized deputies must clearly state numbers, dates and cites of such authorization decisions.
2. Assignees leading or assuring authorities or units with power to impose penalties shall also have power to impose penalties and be handed over to impose penalties or enforce execution of decisions on penalties, application of preventive measures like their leaders
3. During the authorization period, persons with power to impose administrative penalties specified in clause 1 Article 54 of the Law on Actions against administrative violations shall still have the power to impose penalties and enforce execution of decisions on penalties and application of preventive measures.
4. The authorization shall be terminated in one of the following cases:
a) Authorization time limit specified in decisions is over;
b) Delegated tasks have been completed;
c) Superiors terminate the authorization for their inferiors. In this case, the termination of authorization must be decided in writing;
d) Assignors or assignees retire, resign, or are transferred, appointed, left, seconded, resigned, dismissed, demoted or suspended from work as prescribed by law;
dd) Assignors or assignees die, or are declared by the Court as having lost their civil act capacity or been restricted in their civil act capacity, are missing or dead;
e) Assigned tasks have not been finished but such violation cases must be transferred to other competent authorities or persons for handling under regulations of laws;
g) Assignors or assignees are prosecuted or detained to serve investigation, prosecution and adjudication;
h) Conditions for authorization for detention of violators under administrative procedures prescribed in clause 2 Article 123 of the Law on Actions against administrative violations no longer exist.
Article 11. Authority to impose penalties for administrative violations of regulations on inspection[7]
1. The chief of a specialized inspectorate has the authority to impose a penalty for an administrative violation within the scope and content of the inspection during the inspection period according to inspection laws.
When the inspection period expires according to inspection laws but no penalty decision is made due to objective reasons, the case shall be transferred to the person having authority to impose penalty.
2. Where the penalty decision is contested, the contest shall be handled in accordance with the provisions of law on handling inspection-related contests.
3. The authority to rectify, amend, supplement, or annul a decision of the chief of a specialized inspectorate and to issue a new decision in case the inspection period has expired is determined in the following order:
a) If the Chief of the specialized inspectorate who has made a penalty decision is the person having authority to impose penalty in accordance with regulations concerning the case, the authority shall still reside with that person;
b) If the person who has made an inspection decision is the person having authority to impose penalty in accordance with regulations concerning the case, the authority shall be held by that person;
c) In the cases other than those specified in points a and b of this clause, the authority shall be held by the Chief of an inspectorate having authority to impose penalty for the case or the Head of the specialized authority assigned to conduct inspection having the authority to impose penalty for the case or the Chairperson of the People’s Committee having authority to impose penalty of the location where the violation occurs.
4. The authority to enforce an administrative penalty decision issued by the Chief of an specialized inspectorate in case the inspection period has expired shall comply with the provisions of clause 3 of this Article.
Article 12. Making records of administrative violations [8]
1. Grounds for issuing offence notices:
a) Regarding administrative violations not within the jurisdiction to issue offence notices or not within the sector or area of management, or cases that require assessment, examination, testing of exhibits and means, or other necessary circumstances, the competent persons who are performing their duties are responsible for documenting the violations;
b) The working minutes specified in point a of this clause or minutes and documents recording the violations detected during the inspection, performance of state management or taking of legal proceedings are one of the grounds for issuing offence notices;
c) In the case where a person reviewing or handling a case does not have the authority to issue offence notices, the minutes and documents specified in point b of this clause and the enclosures (if available) must be promptly forwarded to the person having authority to issue offense notices in accordance with law.
2. In the case of forwarding a violation case file for the imposition of an administrative penalty without one of the decisions stipulated in Clause 1, Article 63 of the Law on Actions against administrative violations, the following shall be implemented:
a) The person having authority to issue office notices of a criminal proceeding authority shall issue an office notice in accordance with the provisions of Article 58 of the Law on Actions against administrative violations before forwarding the case file;
b) If it does not fall under the provisions specified in point a of this clause, the written request for imposing administrative penalty made by the criminal proceeding authority must contain the following main contents: Information about violating individuals, organizations, and agencies, organizations, individuals involved; time, date, month, year, location of the violation; specific and comprehensive description of the case, act of violation; points, clauses, articles of the decree stipulating penalties for administrative violations in specific fields.
3. In the case where the violation case file is forwarded for the imposition of administrative violations as prescribed in clause 1 Article 63 of the Law on Actions against administrative violations, the written request for imposing administrative violation of the criminal proceeding authority shall consist of the contents specified in point b clause 2 of this Article.
4. Time limit for issuing offence notices:
a) An offence notice shall be issued within 03 working days after detecting the administrative violation;
b) In the case where the case consists of multiple complex circumstances or has a large scale and causes effects to legal rights and interests of organizations or individuals, the offence notice shall be issued within 05 working days after detecting the administrative violation;
c) If the administrative violation is detected by professionally technical equipment/means or it is required to value exhibits/means of the violation, conduct assessment, inspection, verification or testing, the offence notice shall be issued within 03 working days from the day on which the violator is identified by professionally technical equipment/means or from the date of receiving the results of the valuation of exhibits/means of the violation, assessment, inspection and verification or testing;
d) In the case where a case involves multiple different administrative violations, including violations detected by professionally technical equipment/means or violations that require valuing exhibits/means of the violation, or conducting assessment, inspection, verification or testing, the offence notice shall be issued for the violations involved in the case within 05 working days from the day on which the violator is identified by professionally technical equipment/means or from the date of fully receiving the results of the valuation of exhibits/means of the violation, assessment, inspection and verification or testing.
5. Issuing offense notices in certain cases:
a) An administrative violation case involves multiple violations in the same state management sector, the competent person who has accepted and is handling the case shall issue an offence notice for administrative violations within their jurisdiction and prepare the working minutes for violations beyond their jurisdiction according to the provisions of point a clause 1 of this Article. The forwarding of the violation case file and exhibits/means of administrative violations (if any) shall comply with the provisions of Article 24 of this Decree.
b) An administrative violation case involves multiple violations in different state management sectors, the competent person who has accepted and is handling the case shall issue an offence notice for administrative violations within their jurisdiction and prepare the working minutes for violations beyond their jurisdiction according to the provisions of point a clause 1 of this Article. The forwarding of the violation case file and exhibits/means of administrative violations (if any) shall comply with the provisions of Article 52 of the Law on Actions against administrative violation, clauses 3 and 4 Article 24 of this Decree;
c) In the case where an individual or organization commits multiple different administrative violations involved in the same violation case, the competent person shall issue an offence notice specifying each violation, except for the cases specified in points a and b clause 5 of this Article;
d) In the case where multiple individuals or organizations commit the same administrative violation involved in a case, the competent person may issue one or more offence notices for each violating individual or organization. If the exhibits/means of administrative violation are different, the competent person shall specify the value of the exhibits/means of administrative violation related to each violating individual or organization;
dd) In the case where multiple individuals or organizations commit multiple different administrative violations involved in a case, the competent person may issue one or more offence notices specifying each violation for each violating individual or organization;
e) In the case where an individual or organization commits an administrative violation for multiple instances, the competent person shall issue an offence notice specifying the violation and each instance of violation.
6. In the case where an administrative violation is detected by professionally technical equipment/means, the location where the offence notice is issued shall comply with the provisions of clause 2 Article 58 of the Law on Actions against administrative violations.
7. The forwarding of the results collected by professional technical equipment/means to persons having authority to handle administrative violations to issue offence notices and issue decisions on administrative penalties shall comply with the Government's regulations on lists, management and use of professional technical equipment/means, and collection and use of data obtained from technical equipment/means provided by individuals or organizations for the detection of administrative violations.
8. Signing offence notices:
a) An offence notice must be executed in at least two originals, and signed by the issuer and the violator or the representative of the violating organization, except in cases where the notice is issued as stipulated in Clause 7, Article 58 of the Law on Actions against administrative violations; if the violator is unable to sign, fingerprinting must be done; if there are witnesses, interpreters, victims, or representatives of the harmed organization, they must also sign the notice; in cases where the notice consists of multiple pages, all relevant parties must sign each page of the notice.
b) In the case where the violator or the representative of the violating organization is not present at the site where the violation occurs, is deliberately evading, or is unable to sign or fingerprint the notice due to objective reasons, or is present but refuses to sign or fingerprint the notice, or in the case where it is impossible to identify the violator, the notice must bear the signature of the representative of the local government at the site where the violation occurs or at least one witness confirming that the violating individual or organization has not signed the notice; if there is no signature from the representative of the local government or from the witness, the reasons must be clearly stated in the notice.
9. Forwarding or delivering/sending offence notices:
a) Offence notices shall be transferred or delivered as prescribed in clause 5 Article 58 of the Law on Actions against administrative violations. In the case of a minor committing an administrative violation, the notice must also be sent to the parents or guardians of that individual;
b) In the case where an administrative violation occurs at sea or on aircraft, a ship, or a train, the competent person, the commander of the aircraft, vessel captain, or head of the train, or the person entrusted by the aircraft commander, vessel captain, or head of the train shall issue an offence notice as stipulated in Clause 4 of this Article and forward it to the person having authority to impose administrative penalties within 03 working days from the date of arrival at the shore or the date the aircraft, vessel, or train arrives at the airport, port, or station. In the event that an offence notice has not been issued at the time of arrival at the shore, airport, port, or station, the offence notice shall be forwarded within the period specified in the provisions of Clause 5, Article 58 of the Law on Actions against administrative violations;
c) In the case where the violator or the representative of the violating organization is not present at the site where the offence notice is issued, the notice shall be sent by mail in a guaranteed manner or posted at the residence of the violator or the headquarters of the violating organization. If the violator or the representative of the violating organization is present but refuses to receive the notice, or the notice has been sent by mail or posted at the residence of the violator or the headquarters of the violating organization, it shall be considered as having been delivered/sent.
10. The issuance and sending of offence notices by electronic means as prescribed in Clause 7, Article 58 of the Law on Actions against administrative violations shall comply with the regulations of the decree on administrative penalties for violations in the corresponding state management sector and conform to the nature of each sector.
Article 13. Annulment or promulgation of decisions on administrative penalties[9]
1. The person who issued the decision independently or at the request of the individuals specified in Clause 3, Article 18 of the Law on Actions against administrative violations must issue a decision to annul the entirety of the decision if it falls under one of the following cases:
a) The case specified in clause 1 Article 12 of the Law on Actions against administrative violations;
b) The case specified in clause 3 Article 62 of the Law on Actions against administrative violations;
c) The decision on administrative penalties is issued in the cases specified in clause 1 Article 65 of Law on Actions against administrative violations;
d) The decision on administrative penalties is issued beyond their jurisdiction or is not applicable to the regulated entities;
dd) Violating the procedures for administrative penalties leads to the violations specified in points c, d, e, g and h of this clause;
e) Identifying administrative violations incorrectly or identifying administrative violations in cases where no administrative violations have occurred;
g) Applying improper penalties for administrative violations;
h) Falsification and distortion of administrative penalty dossiers.
2. The annulment or issuance of decisions specified in clause 1 of this Article shall only apply to the decisions on administrative penalties specified in Part two of the Law on Actions against administrative violations.
The cancellation or replacement of measures to prevent and ensure the handling of administrative violations shall comply with the provisions set forth in Part four of the Law on Actions against administrative violations.
3. In the case where the title holder having authority to impose administrative penalties has made a decision but their tasks, powers, or organizational structure are changed, leading to the deprivation of his/her authority or title, the violation case file shall be forwarded to the Chairperson of the People's Committee having authority to impose penalties of the area where the violation occurred, or to the person having authority to impose penalties for violations against regulations on state management in order to issue a decision on annulment, except in the cases specified in Clause 3 of Article 11 of this Decree.
4. In the event that there is a judgment or decision of the court regarding the annulment of the entire decision being contested, if there are grounds for issuing a new decision, the person who issued the annulled decision must issue a new decision or authorize another person to issue a new decision as prescribed in paragraphs 5, 6, and 7 of this Article.
5. In the cases specified in points c, d, dd, e, g and h clause 1 of this Article, if the prescriptive time limit for imposition of a penalty for an administrative violation is unexpired or there are grounds as stipulated, the person who has issued the annulment decision shall issue a new decision or authorize another competent person to issue a new decision.
6. In the case where it is required to issue a new decision, the competent person shall make a record on verification of the details of the administrative violation case in accordance with Article 59 of the Law on Actions against administrative violations.
The time limit for issuing a new penalty decision specified in clauses 4, 5, and 6 of this Article shall not exceed 07 working days from the date of verification record.
7. In the case stipulated in point c, clause 1 of this Article, if the exhibits/means of administrative violations are goods prohibited from storage and circulation, or if the law provides for the imposition of confiscation or application of remedial measures, the competent person who has issued the annulment decision must issue a new decision or authorize another person to issue a new decision for confiscation and application of remedial measures.
Article 14. Correction, amendment and partial annulment of decisions on administrative penalties[10]
1. The person who has issued the decision independently or at the request of the individuals specified in Clause 3, Article 18 of the Law on Actions against administrative violations shall correct the decision when it is incorrect in terms of drafting techniques.
2. The person who has issued the decision independently or at the request of the individuals specified in Clause 3, Article 18 of the Law on Actions against administrative violations shall amend and or partially annul the decision when it is incorrect and does not fall under the cases specified in clause 1 Article 13 of this Decree and Clause 1 of this Article.
3. No amendments, additions, or partial cancellations/annulments of a decision on administrative penalties for a violation of procedures for administrative penalties that does not lead to the violation of the provisions at any of points c, d, e, g, and h of Clause 1 of Article 13 of this Decree shall be made, except for the provisions outlined in Clause 2 of this Article.
4. In the case where the title holder having authority to impose administrative penalties has made a decision but their tasks, powers, or organizational structure are changed, leading to the lack of authority or the loss of the title, the violation case file shall be forwarded as prescribed in clause 3 Article 13 of this Decree in order to issue a decision on correction, amendment or partial annulment of the decision, except in the cases specified in Clause 3 of Article 11 of this Decree.
5. The provisions of clauses 1, 2, 3 and 4 of this Article do not apply to the correction, amendment, or partial annulment of decisions on implementing preventive measures and ensuring the handling of administrative violations.
6. Decisions on correction, amendment or partial annulment of decisions shall be stored in penalty dossiers.
Article 15. Time limit for implementation and contents of correction, amendment and partial or complete cancellation of decisions on administrative penalties
1. Time limit for correction, amendment and partial or complete cancellation of a decision:
a) Time limit for correction, amendment and partial cancellation of the decision is 01 year from the date on which the competent person promulgates the decision having errors. In case the prescriptive period prescribed in point a clause 1 Article 6 of the Law on Actions against administrative violations ends, the correction, amendment or partial cancellation of the decision shall be not implemented;
b) Time limit for complete cancellation of decisions promulgated from the date on which the Law on Administrative Violations takes effect and fall under cases prescribed in clause 1 Article 13 of this Decree is not prescribed.
2. There is no time limit for correction, amendment and partial cancellation of the decision prescribed in point a clause 1 of this Article in the following cases:
a) The penalty decision applying the confiscation of exhibits or means of administrative violations and remedial measures prescribed in clause 1 Article 74 of the Law on Actions against administrative violations;
b) The case that has a decision on handling complaints of a person or authority with power to handle complaints about mandatory amendment and partial cancellation of the decision;
c) The case that involves contents of denunciation of a person or authority with power to handle the denunciation of mandatory amendment and partial cancellation of the decision;
d) The case that having a judgment or decision of the Court on the amendment and partial cancellation of the decision that is filed a lawsuit.
3.[11] (annulled)
4. The decision applying the confiscation of exhibits or means of administrative violations and remedial measures shall only be corrected, amended and partially cancelled as prescribed in point a clause 2 of this Article on the confiscation of exhibits or means of administrative violations and the application of remedial measures.
Article 16. Effect, time limit and prescriptive period for enforcement of decisions on correction, amendment or annulment or new decisions on administrative penalties[12]
1. A decision on correction, amendment or annulment or a new decision shall be effective from the date of signing and must be enforced immediately upon notification to the violating individual or organization. The delivery of decisions on correction, amendment, annulment or new decisions shall comply with the provisions of Article 70 of the Law on Actions against administrative violations concerning the notification of administrative penalty decisions for enforcement.
2. The time limit for the enforcement of decisions on correction or amendment, or new decisions shall be in accordance with the provisions in Section 2, Section 3 of Chapter III, Part Two of the Law on Actions against administrative violations.
3. The prescriptive period for the enforcement of decisions on correction or amendment of the issued penalty decisions, or new penalty decisions begins from the date of issuance of these decisions until the expiry date of corrected/amended/annulled penalty decisions specified in Article 74 of the Law on Actions against administrative violations, except for the cases specified in Clause 4 of this Article.
4. The prescriptive period for the enforcement of decisions on correction or amendment of the issued penalty decisions as prescribed in clause 2 Article 15 of this Decree or new decisions in cases of changing violating subjects shall be in accordance with the provisions of Article 74 of the Law on Actions against administrative violations.
5. The prescriptive period for the enforcement of decisions on correction or amendment of the issued enforcement decisions, or new enforcement decisions begins from the date of issuance of these decisions until the expiry date specified in Article 74 of the Law on Actions against administrative violations of enforced penalty decisions, except in the cases where decisions on correction or amendment of the issued enforcement decisions are applicable to the cases specified in clause 2 Article 15 of this Decree and the cases where new decisions are issued due to the change in the violating subjects.
6. In cases where the time limit specified in clauses 3, 4 and 5 of this Article is expired, such decisions shall no longer be enforced, except in cases where the penalty decisions state the confiscation of exhibits/means of administrative violations, and remedial measures, in which cases the exhibits/means must still be confiscated and the remedial measures must still be implemented.
Article 17. Explanation
1. In case a violator does not send a written explanation to a person with power to impose administrative penalties or a petition for extension of the time limit for explanation within the time limit prescribed in clause 2 Article 61 of the Law on Handling of Administrative Violations or clarified in the offence notice on failure to explain, the person with power to impose penalties shall promulgate a decision on penalties within the time limit prescribed in point a clause 1 Article 66 of the Law on Actions against administrative violations.
In case a violator has a request for explanation according to regulations of clauses 2, 3, and 4 Article 61 of the Law on Actions against administrative violations, the person with power to impose penalties shall promulgate a decision on penalties within the time limit prescribed in points b and c clause 1 Article 66 of the Law on Actions against administrative violations.
2. In case a violator has a request for explanation after refusing it before ending the time limit prescribed in clauses 2 and 3 Article 61 of the Law on Actions against administrative violations, the person with power to impose administrative penalties shall be responsible for consideration of the violator’s explanation according to procedures prescribed in clauses 2 and 3 Article 61 of the Law on Actions against administrative violations unless it is required to immediately take remedial measures for destroying products that threaten the health of humans, animals, plants and the environment, take measures for controlling the environmental pollution, the spread of epidemics or diseases from exhibits of administrative violations including live animals, plants, products that are easy to decay and difficult to preserve or are likely to cause the environmental pollution or the spread of epidemics or diseases.
3. The explanation and consideration of explanations shall be made into written documents and they shall be stored among penalty records.
4.[13] (annulled)
Article 18. Release of administrative penalties for violators on mass media
1. For a violation that must be released as prescribed in Clause 1 Article 72 of the Law on Actions against administrative violations, the head of an authority or unit that make a decision on penalties shall send a written notification of the release and a copy of the decision on administrative penalties to a website or newspaper of an agency of ministry, department or the People's Committee where the administrative violation is committed within 03 working days from the day on which the decision on penalties is made.
In case of correction, amendment and cancellation of decisions on administrative penalties or promulgation of new decisions, the release is also required as prescribed in this clause.
2. Information to be disclosed includes: Full name, date of birth, identity card or citizen identification number or personal identification number, nationality of the violator or name and address of the violating organization; administrative violation; form of penalty; remedial measures and implementation duration.
3. Head of the press agency or the person responsible for managing contents of websites and the time limit for release shall:
a) Publish all information that needs to be released within 02 working days from the date on which it receives a written notification of release and a copy of decision on administrative penalties;
b) Publish information about each decision on penalties at least 01 time and duration of the release is at least 30 days;
c) Publish corrections within 01 working day on the website or the next issue of the newspaper from the date on which it receives requests for corrections.
4. Head of the agency where the person who has made the decision on administrative violations works for shall:
a) Be responsible for released contents;
b) Correct wrong information within 01 working day from the date on which it detects the wrong information or receives requests for correction.
5. Correct wrong information:
In case a website or newspaper incorrectly releases information prescribed in clause 2 of this Article, it is required to correct right columns or positions where wrong information is published during 24 hours from the tine of detecting the wrong information and receiving requests for correction on the website or the next issue of the newspaper and pay for the correction;
b) The correction shall be made in 01 time for each decision on administrative penalties and duration of publishing is at least 30 days.
6. In case the penalty can not be released on time as prescribed in clause 1 of this Article because of force majeure, the person who responsible for releasing the penalty must directly report to the superior head and release it immediately after the force majeure is controlled.
7. Expenses for release and correction of wrong information shall be covered by regularly operating expenses from the office of the competent person who has made the decision on administrative violation.
8. For people who commit violations prescribed in clauses 1, 2, 3, 4, 5 and 6 of this Article shall, depending on nature and seriousness of violation, be disciplined, or must be reimbursed in accordance with laws on state's compensation liability in case of causing damages.
Article 19. Enforcement of decision on administrative penalties in case penalized people die, go missing or penalized organizations dissolve or go bankrupt
1. In case a penalized person dies or goes missing or a penalized organization dissolves or goes bankrupt as prescribed in Article 75 of the Law on Actions against administrative violations and the penalty decisions still valid, the person who issues the penalty decision must makes a decision on partial enforcement of the decision on administrative penalties within 60 days from the date on which the penalized person dies written in his/her death certificate; the penalized person goes missing recorded in the decision to declare the person missing; from the date on which the business organization notifies the dissolution; from the effective date of the decision to declare bankruptcy. The decision on enforcement shall include the following contents:
a) Suspension of enforcement of penalties and reasons for suspension; except for the cases specified in point b of this Clause;
b) Maintenance of penalties for confiscation of exhibits or means of administrative violations and remedial measures.
2. Responsibilities for enforcement of penalties for confiscation of exhibits or means of administrative violations and application of remedial measures in case penalized people die, go missing or penalized organizations dissolve, go bankrupt:
a) Individuals and organizations that are managing exhibits or means of administrative violations shall be responsible for enforcing penalties for confiscation of exhibits or means of administrative violations;
b) Individuals who come into inheritances determined as prescribed by civil laws on inheritance shall continue to implement remedial measures within scopes of the inheritances.
3. Submission of decisions on partial enforcement of decisions on administrative penalties:
a) Decisions on partial enforcement of decisions on administrative penalties in case penalized organizations dissolve or go bankrupt must be sent to authorities, organizations and individuals with power to settle the dissolution or bankruptcy; legal representatives of these penalized organizations for enforcement of penalties;
b) Decisions on partial enforcement of decisions on administrative penalties must be sent to individuals or organizations prescribed in clause 2 of this Article and point a of this clause within 03 working days from the date on which decisions are issued.
4. Procedures for partial enforcement of decisions on administrative penalties:
a) Procedures for partial enforcement of the decisions on administrative penalties prescribed in point b clause 1 of this Article shall be implemented according to regulations of section 2 Chapter III Part 2 of the Law on Actions against administrative violations;
b) If individuals or organizations prescribed in clause 2 of this Article fail to implement remedial measures by the time limit for enforcing the decisions, authorities of people with power to impose penalties that are handling the administrative violation cases must organize implementation of them.
Expenses for implementing remedial measures shall be reduced from value of inherited property that penalized people have left or the remaining property of penalized organizations after dissolution or bankruptcy that is considered as an item of the priority payment expenses (if any).
5. If penalized people die without inheritances, or penalized organizations dissolve or go bankrupt without remaining property, remedial measures shall be taken in accordance with clause 4 Article 85 of the Law on Actions against administrative violations.
6. Inheritors of penalized people who are dead or missing, or legal representatives of penalized organizations that are dissolved or bankrupted are entitled to supervise and file lawsuits against expenses and payment for expenses for implementing remedial measures prescribed in Clause 4 this Article.
Article 20. Forms and procedures for collection and payment of fines
1. Violators pay fines according to one of the following forms:
a) Direct payment of cash at State Treasuries or at commercial banks where State Treasuries open their accounts specified in penalty decisions;
b) Transfer to accounts of State Treasuries written in penalty decisions via National Public Service portal or electronic payment services of banks or intermediary payment service providers;
c) Direct payment to people with power to impose penalties as prescribed in Clause 1 Article 56, Clause 2 Article 78 of the Law on Actions against administrative violations, or direct payment to port authorities or airport representatives if penalized people are passengers that transit to Vietnam to take international flights from Vietnam, aircrews who are working on flights to Vietnam; aircrews of foreign airlines that operate international flights from Vietnam;
d) Payment of fines for administrative violations committed in the field of road traffic to state treasuries according to regulations of points a, b and c clause 1 of this Article or by public postal services.
2. Procedures for payment of fines:
a) In case penalized individuals do not stay or penalized organizations are not located at places of violations while only fines are imposed, persons with power to impose penalties for decisions on paying fines prescribed in point b clause 1 of this Article and send them to violating individuals or organizations via posts by guaranteed forms within 02 working days from the date on which sanctioning decisions are issued;
b) Penalized violators shall pay to accounts of state treasuries as written in sanctioning decisions within the time limit prescribed in Clause 1 Article 73 of the Law on Actions against administrative violations;
c) Within 05 working days from the day on which fines are paid to accounts of state treasuries in person or by public postal services18, person that impounded the documents for ensuring penalties according to regulations in clause 6 Article 125 of the Law on Actions against administrative violations must return impounded documents to penalized organizations or individuals by post with guaranteed forms for direct payment or via public postal services19 for indirect payment. Expenses for submission of sanctioning decisions and return of documents shall be paid by penalized violators;
3. In case penalized violators defer fines as prescribed in clause 1 Article 78 of the Law on Actions against administrative violations, collecting authorities shall base on sanctioning decisions to calculate and collect late fine payment interests.
4. Decisions on suspension of sanctioning decision; reduction or exemption of the remaining fine or the whole fine; fine payment by installments must be made in writing.
Duration of consideration and decision of reduction or exemption of the remaining fine or acceptance of fine payment by installments shall not be included in the duration of fine deferral.
5. Fines shall be collected, paid or refunded according to regulations of the Government of Vietnam on administrative procedures in the field of State Treasury.
6. The Minister of Finance of Vietnam shall provide guidance on the collection and transfer of fines for administrative violations specified in Clauses 1, 2 and 3 of this Article; the method of calculating and offsetting differential fines (if any) in case there are decisions on correction, amendment, cancellation or issuance of new decisions on administrative penalties.
Article 21. Documents of collection and transfer of fines and late fine payment interests for administrative violations
1. Documents of collection and transfer of fines and late fine payment interests shall be uniformly printed, issued, managed and used nationwide or electronic documents of transferring to state budget as prescribed by laws to confirm the payments to collecting authorities. Documents of collection and transfer of fines and late fine payment interests for administrative violations must be stored in among penalty records as prescribed by laws on archives.
2. Documents for collection and transfer of fines and late fine payment interests shall include:
a) Fine receipts which must have pre-printed face values used for on-site fine collection as prescribed in clause 2 Article 69 and clause 2 Article 78 of the Law on Actions against administrative violations in case the fine is up to 250.000 VND for individuals and 500.000 VND for organizations;
b) Fine receipts that do not have pre-printed face values used to collect fines for the other administrative violation cases and late fine payment interests;
c) Money transfer letters and electronic documents submitted to the state budget (if any);
d) Certificates of transfer of fines for road traffic offences issued by public postal service providers (if any);
dd) Other documents under regulations of laws.
3. Fine receipts shall be issued as follows:
a) The Ministry of Finance shall provide fine receipts to authorities and units having persons with power to impose administrative penalties and authorities and organizations that collect fines for administrative violations according to laws.
Postal service providers shall print and manage certificates of payment of fines for road traffic offences via public postal services;
b) Issuing authorities or organizations must make written notifications before bringing the first specimen of fine receipts for administrative violations to use or certificates of payment of fines for road traffic offences;
c) Organizations and individuals provided with fine receipts, certificates of payment of fines for road traffic offences must manage and use them as prescribed in this Decree and other relevant law provisions.
4. Documents of collection and transfer of fines and late fine payment interests shall be used as follows:
a) Upon using fine receipts, fine collectors must compare the information on sanctioning decisions on administrative penalties and the information on the fine receipts. The total fine amounts specified in the fine receipts must be consistent with the fine amounts specified in sanctioning decisions;
b) Upon collecting late fine payment interests according to clause 1 Article 78 of the Law on Actions against administrative violations, the information on fine receipts must include collected amount and fine deferral;
c) Fine payers may refuse to pay fines or request the refund of paid fines if they detect that fine receipts or collection documents are not conformable with regulations, decisions on administrative penalties, fines and late fine payment interests (if any) and notify to agencies in charge of fine collection for prompt settlement.
5. Management of fine receipts:
a) Fine receipts must be managed under the current management regime suitable for each type of receipts;
b) Authorities and organizations provided with fine receipts must open books to monitor the receipt, delivery and preservation of receipts in accordance with the current accounting regime; make monthly and quarterly reports on the use of fine receipts; make annual statements of fine receipts in accordance with laws;
c) Destruction of fine receipts must comply with law provisions applicable to each type of receipts.
6. Electronic documents sent to the State budget shall be issued and used in accordance with regulations of laws.
7. The Minister of Finance shall specify contents and forms of fine receipts, and other collection documents; print, issue, manage, and use fine receipts, and late fine payment interests, except for certificates of fine payment for road traffic offences by using the public postal services prescribed in Clause 3 this Article.
Article 22. Forwarding administrative penalty decisions for the enforcement thereof[14]
1. The agency of the person who has issued a penalty decision, for the cases specified in Clause 1 and Clause 2 of Article 71 of the Law on Actions against administrative violations, is responsible for forwarding the entire original documentation and related papers to the agency receiving the penalty decision for enforcement (receiving agency) and keep its copy at the agency. The confiscated exhibits/means of administrative violations (if any) shall be forwarded to the receiving agency, except for the cases specified in clause 3 Article 71 of the Law on Actions against administrative violations and real estate, aircraft, sea vessels, inland waterway vessels, goods and means of transportation that are bulky, difficult to transport or have high transportation costs.
The forwarding and handover of exhibits/means of administrative violations to receiving agencies shall be recorded in writing
2. In the case where individuals or organizations are granted the deferment, reduction or exemption from fines, or allowed to pay fines in multiple installments as stipulated in Articles 76, 77, and 79 of the Law on Actions against administrative violations, the decisions on the deferment, reduction, exemption from fines, or the allowance to pay fines in multiple installments must be forwarded to the receiving agencies.
3. In cases where enforcement of penalty decisions is necessary, the provisions of Clause 3, Article 87 of the Law on Actions against administrative violations shall apply.
1. For exhibits and means impounded due to being illegally owned or used for administrative violations in case of confiscation, regulations of clause 1 Article 126 of the Law on Actions against administrative violations shall be applied. In this case, violators must pay amounts equal to the value of the exhibits and means of violations to the State budget.
In case an amount equal to the value of exhibits or means of violation is paid in a case involving many violators, these violators shall all pay an amount equal to the value of exhibits or means of administrative violations to the state budget according to rate decided by persons with power to impose penalties under sanctioning decisions, unless violators reach written agreements on such payment and send them to persons with power to impose penalties within the time limit for issuance of decisions on administrative penalties specified in Article 66 of the Law on Actions against administrative violations.
2. For an exhibit or mean of administrative violation confiscated that are registered as a collateral according to regulations of civil laws, it shall be handled as follows:
a) The mortgagee may receive back the exhibit, mean or a value equivalent to its secured obligation; the violator must pay an amount equivalent to the value of the exhibit or mean of administrative violation to the state budget;
b) The mortgagee shall send a written notification of result of handling the collateral to a person with power to impose administrative penalties within 03 working days from the date on which he/she receives the result of handling the collateral which is the exhibit or means of administrative violation confiscated. In case the collateral has higher value after handling than the value of the secured obligation, but the violator fails to pay enough amount equal to the value of the exhibit or mean of administrative violation to the state budget, the mortgagee shall transfer the differential value of the collateral to the state budget within 05 working days from the date the written notification of result of handling the collateral is made;
b) If the mortgagee fails to transfer the differential value of the collateral which is a exhibit or mean of administrative violation eligible for confiscation in the prescribed period, he/she shall be penalized according to regulations of laws on administrative penalties for offences related to currency and bank or other relevant fields.
3. Depending on the specific type of exhibit or mean, the value of exhibit or mean of violation shall be determined on the basis of one of the grounds prescribed in clause 2 Article 60 of the Law on Actions against administrative violations to identify the equivalent amount that the violator must pay to the state budget. The competent person who is handling the case shall determine value of the exhibit or mean of violation.
In case it is unable to apply grounds prescribed in clause 2 Article 60 of the Law on Actions against administrative violations, the competent person who is handling the case must establish an assessment board. The assessment board is established according to regulations of clause 3 Article 60 of the Law on Actions against administrative violations.
4. The form and procedures for collection and transfer of the amount equal to the value of exhibit or mean of violation to the state budget shall comply with regulations of Article 21 of this Decree.
Article 24. Identification of authority to impose penalties and temporary retention of exhibits or means of administrative violations in some cases[15]
1. The identification of authority to impose administrative penalties and the implementation of remedial measures shall comply with the provisions of Article 52 of the Law on Actions against administrative violations.
2. An administrative violation case that has been accepted and is being processed by the competent person from a central authority organized in the vertical structures located at the local area but is required to be forwarded to the person having authority to impose penalties, the case may be forwarded according to the provisions of the decree on administrative penalties for violations in the corresponding state management sector or according to the following order:
a) The person having authority to impose administrative penalties belonging to the central authority organized in the vertical structures located at the local area;
b) The Chief Inspector of the ministry or the person having the highest authority to impose administrative penalties under their management, or the Chairperson of the People's Committee having authority to impose penalties of the location where the violation occurs. The administrative violation case involving the violation specified in point c clause 4 Article 52 of the Law on Actions against administrative violations or the case involving the exhibits/means of administrative violation that are real estate, aircraft, sea vessels, inland waterway vessels, goods and means of transportation that are bulky, difficult to transport or have high transportation cost shall be penalized by the Chairperson of the People’s Committee having authority to impose penalties of the area where the violation occurs.
3. The administrative violation case involving multiple violations in different state management sectors, including violations the penalties for which are not under the jurisdiction of the Chairperson of the People’s Committee, shall be processed as follows:
a) For the violations subject to penalties by the Chairperson of the People's Committee, they shall be identified according to the provisions at point c, clause 4, Article 52 of the Law on Actions against administrative violations;
b) For the violations not subject to penalties by the Chairperson of the People's Committee, they shall be identified according to the provisions at points a and b, clause 4, Article 52 of the Law on Actions against administrative violations.
4. The authority to impose penalties in cases of confiscation of exhibits/means of administrative violation that are goods prohibited from storage or circulation shall be identified according to the following principles and order:
a) If the person who is handling the case in any of the fields and sectors under their management specified in Articles 39 through 49 and Article 51 of the Law on Actions against administrative violations does not have the authority to confiscate exhibits/means of administrative violation or the authority to confiscate exhibits/means of administrative violation depends on the authority to impose fines, the violation case must be forwarded to the person having both authority to impose penalties in the same field or sector and authority to confiscate the exhibits/means regardless of their value;
b) If the person who is handling the case is not included in point a of this clause, the violation case must be forwarded to the Chairperson of the People’s Committee having authority to impose penalties of the area where the violation occurs;
c) If the person who is handling the case has grounds to determine that the exhibits/means of administrative violation are goods prohibited from storage and circulation, the authority to impose penalties shall be determined according to the provisions in Chapter II of Part Two of the Law on Actions against administrative violations and the regulations of the decree on administrative penalties.
5. The authority to issue decisions on temporary retention of exhibits/means of administrative violation that are goods prohibited from storage and circulation shall comply with the provisions of clause 3 Article 125 of the Law on Actions against administrative violations.
Article 25. Administrative penalties for minors
1. When enforcing administrative penalties on minors, in case their exact ages cannot be determined to apply sanctioning forms, persons with power to impose penalties shall choose to apply sanctioning forms in favour of violating minors.
2. Before deciding to impose warnings against minors committing administrative violations, persons with power to impose penalties must consider conditions for applying reminder measures as prescribed in Article 139 of the Law on Actions against administrative violations and Article 26 of this Decree. Decisions to impose warnings on minors only made when conditions for applying reminder measures are not satisfied.
Article 26. Reminder measures
1. Reminder measures refer to measures of education which are applied in substitution of warnings against minors who commit administrative violations so that minors can be aware of their violations.
2. Entities and requirements for applying reminder measures:
a) Minors aged from 14 to under 16 who are imposed on administrative penalties when they voluntarily declare, admit and sincerely apologize for their violations;
b) Minors aged from 16 to under 18 who are imposed on administrative penalties when their administrative violations are prescribed as warnings and they voluntarily declare, admit and sincerely apologize for their violations.
3. Persons with power to impose penalties shall consider and decide to apply reminder measures based on requirements specified in clause 2 of this Article. The reminder shall be given in word, on the spot of violation and shall not be recorded in writing.
Article 27. Responsibilities of persons with power to impose administrative penalties on duty
1. Upon enforcing administrative penalties, persons with power to impose administrative penalties must:
a) have orders or decisions to do duties issued by competent authorities, wear uniforms, military uniforms, badges of authorities or use inspection cards, cards of officials performing specialized inspection tasks as prescribed by laws;
b) handle in a prompt manner, in accordance with nature and seriousness of violations and in accordance with provisions of laws on administrative penalties, orders, charters and regulations of each authority;
c) Be serious and gentle in performing official duties.
2. People committing violations against regulations in Clause 1 of this Article or regulations on prohibited acts specified in Article 12 of the Law on Actions against administrative violations or other provisions of laws, depending on the nature and seriousness of violations that result in disciplinary action or criminal prosecution; upon causing damage, compensation must be made according to laws on compensation liability of the state.
Article 28. Handling of responsibilities for enforcement of laws on actions against administrative violations
persons and authorities with power to enforce laws on actions against administrative violations shall, depending on specific cases, consider and handle their according to regulations of the Government of Vietnam or regulations of relevant laws.
Chapter IV
STATE MANAGEMENT OF ENFORCEMENT OF LAWS ON ACTIONS AGAINST ADMINISTRATIVE VIOLATIONS
Section 1. Contents of state management of enforcement of laws on actions against administrative violations
Article 29. Developing and completing laws and monitoring enforcement of laws on actions against administrative violations
1. Research, review, develop and complete policies and laws on actions against administrative violations.
2. Develop and appeal to competent authorities to promulgate or Authorities competent to manage the enforcement of laws on actions against administrative violations.
3. Monitor enforcement of laws on actions against administrative violations.
4. Preliminarily and finally report enforcement of laws on actions against administrative violations to complete the system of legislative documents.
Article 30. Disseminating laws, providing professional guidance and training in laws on actions against administrative violations
1. Research and compile documents serving for the dissemination and training in laws on actions against administrative violations.
2. Organize professional training in handling administrative violations for employees.
3. Organize dissemination of laws on actions against administrative violations with contents and forms suitable for each specific entity.
4. Disseminate laws, provide professional guidance and training in laws on actions against administrative violations.
Article 31. Examining enforcement of laws on actions against administrative violations
1.[16] Plans for inspecting the enforcement of laws on actions against administrative violations of ministries, ministerial authorities, Supreme People’s Court of Vietnam, State Audit Office of Vietnam and the Provincial People’s Committees shall be submitted to the Ministry of Justice for monitoring, consolidation and cooperation in implementation.
2. The Ministry of Justice shall, within its tasks and power, cooperate with ministries, ministerial agencies23, Supreme People’s Court of Vietnam, State Audit Office of Vietnam in developing plans for examining and handling identical plans for examining.
3. The Minister of Justice shall inspect the enforcement of laws on actions against administrative violations of ministries, ministerial agencies24, and the People’s Committees of provinces and central-affiliated cities and authorities managing persons with power to handle administrative violations..
4. The Minister of Justice shall assist the Government to inspect enforcement of laws on actions against administrative violations of the Supreme People’s Court of Vietnam and State Audit Office of Vietnam according to regulations specified in Article 17 of the Law on Actions against administrative violations.
5. The examination of enforcement of laws on actions against administrative violations shall comply with regulations of the Government of Vietnam on examination and handling of enforcement of laws on handling25 of administrative violations.
Article 32. Cooperating in inspecting enforcement of laws on actions against administrative violations
1. The cooperation in inspection of enforcement of laws on actions against administrative violations between the Ministry of Justice with relative central authorities; between the Departments of Justice and professional authorities of the provincial People’s Committees, agencies organized in the vertical structures in provinces or central-affiliated cities, the district-level People's Committees is carried out when there are petitions and reflections from individuals, organizations and the press about the application of laws on actions against administrative violations that seriously affect lawful rights and interests of such individuals and organizations or according to the plans26.
2. Procedures for cooperation in inspecting enforcement of laws on inspection.
Article 33. National database of handling of administrative violations
1. The national database of handling administrative violations is built on the basis of integrating electronic data from the database of handling administrative violations of ministries, ministerial authorities27, State Audit Office of Vietnam, the Supreme People's Court and the People's Committees at all levels and authorities managing persons with power to handle administrative violations.
2. The national database of handling administrative violations must ensure connection with the national database of population and other professional database as prescribed by laws.
3. Development, management, exploitation and use of the national database shall comply with regulations of the Government of Vietnam and the Minister of Justice.
Article 34. Statistics on handling of administrative violations
1. Statistics on handling of administrative violations are the basis for accessing situation and forecasting tendency for administrative violations, proposing remedial measures, completing policies, laws, serving state management of enforcement of laws on actions against administrative violations.
2. Statistics on handling of administrative violations shall be collected as prescribed by laws on statistics.
Article 35. Reporting enforcement of laws on actions against administrative violations
1. Reports on enforcement of laws on actions against administrative violations shall include reports on situation of administrative penalties and reports on situation of applying measures for handling administrative violations which are made annually.
2. A report on the situation of administrative penalties shall include the following contents:
a)28 Comments and general assessment of the situation of administrative violations and administrative penalties; common types of violations;
b)29 The number of administrative violation cases, cases for which administrative penalties have been imposed, cases where decisions to impose administrative penalties have not been made in accordance with Article 65 of the Law on Actions against administrative violations, cases for which offence notices have been issued but where decisions on administrative penalties have not yet been made; entities against whom administrative penalties are imposed;
c)30 Results of enforcement of penalty decisions: Tổng số quyết Dịnh xử phạt; tổng số tiền thu từ xử phạt vi phạm hành chính; số lượng quyết Dịnh xử phạt Dã thi hành xong; số lượng quyết Dịnh hoãn, giảm, miễn thi hành phạt tiền; số lượng quyết Dịnh phải cưỡng chế thi hành; số lượng quyết Dịnh bị khiếu nại, khởi kiện;
d) Number of violating minors eligible for alternative measures for handling administrative violations that are reminder measures;
dd) Number of responsibilities cases subject to criminal prosecutions;
e) Number of dossiers transferred by authorities with power to conduct criminal proceedings to impose administrative penalties;
g) Difficulties in enforcement of laws on administrative penalties; recommendations, proposals.
3. A report on the application of administrative measures shall include the following contents:
a) Comments and general assessment on the situation of applying measures for community-based education in communes, wards and towns and making dossiers of proposals for application of administrative measures for center-based education in reform schools, compulsory educational institutions or compulsory rehabilitation centers; number of cases which are complained or sued;
b) Comments and general assessment on the situation of consideration and decision of the People's Court of Vietnam on the application of administrative measures for center-based education in reform schools, compulsory educational institutions or compulsory rehabilitation centers;
c) Number of entities who are proposed in writing to apply measures for community-based education in communes, wards and towns and number of entities who are proposed in writing to apply administrative measures for center-based education in reform schools, compulsory educational institutions or compulsory rehabilitation centers by Courts; number of entities subject to application of measures for community-based education in communes, wards or towns; or center-based education in reform schools; compulsory educational institutions; compulsory rehabilitation centers;
d) Number of violating minors eligible for alternative measures for handling administrative violations that are home management and community-based education;
dd) Comments and assessments on the situation of organizing enforcement of decisions on application of measures for community-based education in communes, wards or towns; number of decisions on temporary suspension of enforcement of them;
e) Comments and assessment on the situation of organizing implementation of decisions on center-based education in reform schools; compulsory educational institutions; number of decisions on suspension or exemption from enforcement of such decisions;
g) Comments and assessment on the situation of organizing implementation of decisions on center-based education in compulsory rehabilitation centers; number of decisions on suspension or exemption from enforcement of such decisions;
g1)31 The number of violators currently undergoing community-based compulsory educational measures; granted temporary suspension or exemption from enforcement of decisions for the remaining period;
h) Number of entities who are being enforced on decisions on application of administrative measures for center-based education in compulsory educational institutions or reform schools; reduction in time limit; suspension or exemption from enforcement of the remaining duration;
i) Number of entities who are being enforced on decisions on application of administrative measures for center-based education in compulsory rehabilitation centers; reduction in time limit; suspension or exemption from enforcement of the remaining duration;
k) Difficulties or proposals.
4. Time for closing the report data shall comply with the Government's regulations on reporting regimes of state administrative authorities.
5. The Minister of Justice shall specify the regimes of reporting on enforcement of laws on actions against administrative violations.
Section 2. Resposibilities for State management of enforcement of laws on actions against administrative violations
Article 36. Responsibilities of the Ministry of Justice
1. Develop and complete laws on actions against administrative violations:
a) Propose the development and completion of laws on actions against administrative violations to competent authorities;
b) Develop and promulgate legislative documents on handling of administrative violations under its power or appeal to competent authorities to promulgate them;
c) Take charge and cooperate with the Government Office, ministries, ministerial agencies 32 in developing a list of decrees elaborating the Law on Actions against administrative violations; guide, inspect and urge ministries, ministerial agencies and Vietnam Social Security to propose and execute Programs on development of decrees;
dd) Make preliminary and final reports on the implementation of laws on actions against administrative violations.
2. Monitor implementation of laws on actions against administrative violations:
a) Guide, inspect and urge ministries, central and local authorities to implement laws on actions against administrative violations, promptly detect difficulties to propose solutions;
b) Have opinions about the application of laws on handling administrative violations as assigned by the Government and Prime Minister of Vietnam.
3. Guide the implementation of laws on actions against administrative violations under its power or at the request of ministries, central or local authorities.
4. Guide dissemination of laws on handling administrative violations; take charge and cooperate with ministries, central or local authorities in providing guidance and training in professional skills for implementation of laws on actions against administrative violations.
5. Take charge and cooperate with relevant ministries, central or local authorities in inspecting the enforcement of laws on handling administrative violations.
6. Propose competent authorities to organize inspections when there are recommendations and reflection of individuals and organizations on the application of laws on handling administrative violations that seriously affect the legitimate rights and interests of such individuals and organizations.
7. Develop a national database of handling of administrative violations; provide guidance on management, exploitation and use of the National Database on handling of administrative violations in accordance with laws.
8. Establish and maintain operation of the web portal to receive reflections, recommendations and results of settlement of violating cases as prescribed.
9. Regulations on reporting regimes and statistics of handling administrative violations and implementing reports and statistics on handling of administrative violations.
10. Develop and submit reports on the enforcement of laws on actions against administrative violations to competent authorities.
Article 37. Responsibilities of ministries, ministerial agencies33, the Supreme People's Court and State Audit Office of Vietnam
1. Responsibilities of ministries, ministerial agencies34:
a) Implement development and completion of laws on actions against administrative violations within their powers
b) Make reports on the enforcement of laws on actions against administrative violations within their powers;
c) Carry out statistics on handling of administrative violations within their powers;
d)35 Develop database on handling administrative violations in the fields and sectors under their management; direct information providers to serve development of database on handling administrative violations and integrate information into the National database on handling administrative violations of the Ministry of Justice;
dd)36 Conduct inspection of the enforcement of laws on handling administrative violations within the scope of assigned functions and duties;
dd1)37 Provide guidance on the implementation of laws on actions against administrative violations within their jurisdiction or at the request of ministries, central authorities, or local authorities within the scope of assigned functions and tasks;
Carry out dissemination and training in professional skills of applying laws on actions against administrative violations under management of ministries, ministerial agencies38;
g) Develop material facilities, strengthen organization, arrange resources to enforce laws on actions against administrative violations.
2. Responsibilities of ministries, ministerial agencies39 for reporting enforcement of laws on actions against administrative violations:
a) They shall report the situation of administrative penalties specified in clause 2 Article 35 hereof.
For 40ministries and ministerial agencies which are organized in the vertical structures in provinces or central-affiliated cities, they shall additionally consolidate data of affiliated units and send them to the Ministry of Justice;
b) 41 (annulled)
c)42 The Ministry of Public Security shall report the application of community-based compulsory educational measures; compulsory admission to reform schools and rehabilitation institutions as prescribed in points a, c, d, dd, e, g, g1, h, i and k Clause 3 Article 35 hereof;
d) They shall report implementation of laws on actions against administrative violations and send them to the Ministry of Justice in the prescribed time limit for implementing regimes of reporting the enforcement of laws on actions against administrative violations of the Minister of Justice.
3. Supreme People’s Court shall carry out tasks as prescribed in clause 4 Article 17 of the Law on Actions against administrative violations and send annual reports to the Ministry of Justice on the situation of administrative penalties as prescribed in clause 2 Article 35 hereof and reports on the situation of applying administrative measures as prescribed in points b, c, d, e, g, h, I and k clause 3 Article 35 hereof.
4. The State Audit Office of Vietnam shall carry out tasks as prescribed in clause 4 Article 17 of the Law on Actions against administrative violations and send annual reports to the Ministry of Justice on the situation of administrative penalties as prescribed in clause 2 Article 35 hereof.
5.[17] Ministries and ministerial agencies shall assign legal organizations or suitable units to play the leading role in assisting the Ministers and Heads of ministerial agencies in managing the enforcement of laws on actions against administrative violations in the fields under their management, carrying out tasks prescribed in clauses 1 and 2 of this Article and other assigned tasks, ensuring the conformity with the functions, tasks and powers of each unit.
Article 38. Responsibilities of Ministry of Finance
1. Carry out tasks prescribed in clause 1, points a and d clause 2, clause 5 Article 3744 hereof.
2. Take charge and cooperate with the Ministry of Justice in providing guidance and ensuring expenditures for state management of enforcing laws on handling administrative violations and organizing implementation of laws on actions against administrative violations according to regulations of the Law on State Budget of Vietnam.
Article 39. Responsibilities of the People’s Committees at all levels
1. The People's Committees at all levels shall, during the implementation of laws on actions against administrative violations, if they detect regulations on handling of administrative violations that are not feasible, are not consistent with reality, or are overlapping or contradictory, propose governing bodies to draft or the Ministry of Justice to study and handle them.
2. Responsibilities of the People’s Committees at all levels for reporting enforcement of laws on actions against administrative violations:
a) Presidents of the commune-level People’s Committees shall report implementation of laws on actions against administrative violations in fields under their management to the district-level People’s Committees in the prescribed time limit for implementing regimes of reporting enforcement of laws on handling administrative violations of the Minister of Justice.
Justice Divisions shall provide advices and assistance to the Presidents of district-level People’s Committees in implementing reports on enforcement of laws on actions against administrative violations in their districts;
b) Heads of professional authorities affiliated to the provincial People’s Committees and agencies organized in the vertical structures in their provinces or central-affiliated cities and the district-level People’s Committees shall make reports on enforcement of laws on actions against administrative violations in fields under their management to the Departments of Justice for consolidating and reporting them to the provincial People’s Committees in the prescribed time limit for implementing regimes of reporting enforcement of laws on handling administrative violations of the Minister of Justice.
Departments of Justice shall provide advices and assistance to the Presidents of provincial People’s Committees in implementing reports on enforcement of laws on actions against administrative violations in their provinces;
c) Presidents of the provincial People’s Committees shall make reports on implementation of laws on actions against administrative violations in fields under their management and send them to the Ministry of Justice in the prescribed time limit for implementing regimes of reporting enforcement of laws on handling administrative violations of the Minister of Justice.
In order to monitor the situation of handling administrative violations in their provinces, the provincial People’s Committees shall not add data about handling of administrative violations of agencies organized in the vertical structures in their provinces or central-affiliated cities to reports on enforcement of laws on actions against administrative violations sent to the Ministry of Justice;
d) Presidents of the People’s Committees at all levels shall, within their powers, report contents prescribed in clause 2, points a, c, d, dd and k clause 3 Article 35 hereof.
3. The People’s Committees at all levels shall carry out statistics on handling of administrative violations under their management.
4. The provincial People’s Committees shall develop database of handling administrative violations in their provinces; direct departments, divisions and provincial authorities to provide information to serve the development of database of handling administrative violations.
Departments of Justice shall assist the provincial People’s Committees in developing database of handling administrative violations and integrating into the national database of handling administrative violations in the Ministry of Justice.
5. The People’s Committees at all levels shall examine the situation of implementation of laws on actions against administrative violations.
6. The People’s Committees at all levels shall organize inspection at the requests of the Departments of Justice or upon having reflections and recommendations of individuals, organizations or the press on the application of laws on handling administrative violations that seriously affect the legitimate rights and interests of such individuals and organizations under their management for cases prescribed in Article 32 hereof.
7. The People’s Committees at all levels shall carry out dissemination and training in professional skills in applying laws on handling administrative violations under their management.
8. The People’s Committees at all levels shall direct the development of material facilities, strength of organizations, arrangement of resources for implementation of laws on handling administrative violations.
9. Departments of Justice shall assume, advise and assist the provincial People’s Committees in managing the implementation of laws on handling administrative violations in their provinces.
Chapter V
IMPLEMENTATION CLAUSES
Article 40. Expenditures for organizing the implementation of laws on actions against administrative violations
1. Expenditures used for state management of implementation of laws on actions against administrative violations and organization of implementation of laws on handling administrative violations guaranteed by the state budget and allocated in the state budget estimates of relevant agencies and units according to regulations of the Law on State Budget of Vietnam.
2. Central authorities, local authorities and units shall make estimates of expenditures for organizing implementation of laws on handling administrative violations at the same time with the development of annual budget estimates, and send them to financial agencies at the same levels for consolidation and submission to competent authorities for consideration and decision.
Article 41. Schedule used in handling administrative violations
1. The Appendix of form of offence notices and decisions for use in administrative penalties is promulgated together with this Decree.
2. Forms used in the application of administrative measures are issued together with decrees specifying the application of administrative measures.
3. In case of necessity, in order to meet requirements of state management, ministers and heads of ministerial agencies may issue other forms in addition to the forms specified in Clauses 1 and 2 of this Article for use in their departments and fields after having the written consent of the Minister of Justice.
4. Forms used in handling administrative violations are stored in paper and in electronic form. Competent authorities and persons may use pre-printed forms or self-print forms, manage and take responsibility in accordance with laws.
4a.[18] The form used in administrative penalties for a violator being a household, business household, or residential community shall be filled in as follows:
a) Information of the household, household business, or residential community is written in the information section of the organization;
b) In the section titled "name of the organization", clearly state the phrase "household" associated with the name of the householder if the violator is a household, clearly specify the name of the household business in accordance with Government’s regulations on enterprise registration if the violator is a household business, and clearly state the phrase "residential community" associated with the address if the violator is a residential community;
c) In the section titled "enterprise identification number", write the household business identification number if the violator is a household business, and cross out it if the violator is a household or a residential community;
d) In the section titled "serial number of enterprise/investment registration certificate or serial number of establishment/operation registration license", write "serial number of household business registration certificate" if the violator is a household business, and cross out it if the violator is a household or residential community;
dd) In the section titled "legal representative", clearly state the full name of the householder if the violator is a household, clearly state the full name of the business owner if the violator is a household business, and clearly state the full name of the representative of the residential community, who is the mayor of a village, hamlet, neighborhood or similar residential area, or the individual designated by the residential community if the violator is the residential community.
4b.[19] The form used in administrative penalties for a violator being an artel, branch, representative office, business location of a juridical entity or organization shall be filled in as follows:
a) Information of the artel, branch, representative office, business location is written in the information section of the organization;
b) In the section titled "name of the organization," clearly specify the name of the artel as stipulated by the Government if the violator is an artel, specify the name of the branch, representative office, or business location as per the provisions of enterprise law if the violator is a branch, representative office, or business location;
c) In the section titled "business identification number", write the artel identification number if the violator is an artel, specify the branch identification number if the violator is a branch, specify the representative office identification number if the violator is a representative office, specify the business location identification number if the violator is a business location;
d) In the section titled "legal representative", write the full name of the authorized representative of the artel members if the violator is an artel, specify the full name of the head of the branch/representative office/business location if the violator is a branch/representative office/business location.
5. Authorities with powers to handle administrative violations shall be responsible for the accuracy and completeness in printing, issuing, managing and using forms issued as prescribed in Clauses 1, 2 and 3 of this Article.
Article 42. Entry into force[20]
1. This Decree comes into force from January 01, 2022.
2. The regulations specified in point a clause 1, clauses 2 and 4, Article 15 of this Decree shall take effect against decisions on administrative penalties issued from January 1, 2021.
3. This Decree replaces Government's Decree No. 81/2013/ND-CP dated July 19, 2013 elaborating some articles and measures to implement the Law on Actions against administrative violations and Government's Decree No. 97/2017/ND-CP dated August 18, 2017 revising some articles of Government's Decree No. 81/2013/ND-CP dated July 19, 2013 elaborating certain articles and measures to implement the Law on Actions against administrative violations.
Article 43. Implementation[21]
Ministers, Heads of ministerial agencies, Heads of Governmental agencies, the Chairpersons of the People’s Committees of provinces or central-affiliated cities and relevant entities are responsible for implementation of this Decree./.
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CERTIFIED BY PP. MINISTER |
[1] This Clause is amended by point a clause 1 Article 1 of Decree No. 68/2025/ND-CP dated March 18, 2025 of the Government amending Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government on elaboration and enforcement of the Law on Actions against administrative violations, which comes into force from May 02, 2025.
[2] This Clause is amended by point b clause 1 Article 1 of Decree No. 68/2025/ND-CP dated March 118/2021/ND-CP , 23 of the Government amending Decree No. 12 dated December 2021, 02 of the Government on elaboration and enforcement of the Law on Actions against administrative violations, which comes into force from May 5, 2025.
[3] This Clause is amended by clause 2 Article 1 of Decree No. 68/2025/ND-CP dated March 18, 2025 of the Government amending Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government on elaboration and enforcement of the Law on Actions against administrative violations, which comes into force from May 02, 2025.
[4] This Clause is amended by clause 3 Article 1 of Decree No. 68/2025/ND-CP dated March 18, 2025 of the Government amending Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government on elaboration and enforcement of the Law on Actions against administrative violations, which comes into force from May 02, 2025.
[5] This Clause is amended by clause 3 Article 1 of Decree No. 68/2025/ND-CP dated March 18, 2025 of the Government amending Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government on elaboration and enforcement of the Law on Actions against administrative violations, which comes into force from May 02, 2025
[6] This Article is amended by clause 4 Article 1 of Decree No. 68/2025/ND-CP dated March 18, 2025 of the Government amending Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government on elaboration and enforcement of the Law on Actions against administrative violations, which comes into force from May 02, 2025.
[7] This Article is amended by clause 5 Article 1 of Decree No. 68/2025/ND-CP dated March 18, 2025 of the Government amending Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government on elaboration and enforcement of the Law on Actions against administrative violations, which comes into force from May 02, 2025.
[8] This Article is amended by clause 6 Article 1 of Decree No. 68/2025/ND-CP dated March 18, 2025 of the Government amending Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government on elaboration and enforcement of the Law on Actions against administrative violations, which comes into force from May 02, 2025.
[9] This Article is amended by clause 7 Article 1 of Decree No. 68/2025/ND-CP dated March 18, 2025 of the Government amending Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government on elaboration and enforcement of the Law on Actions against administrative violations, which comes into force from May 02, 2025.
[10] This Article is amended by clause 8 Article 1 of Decree No. 68/2025/ND-CP dated March 18, 2025 of the Government amending Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government on elaboration and enforcement of the Law on Actions against administrative violations, which comes into force from May 02, 2025.
[11] This Clause is annulled according to the provisions of clause 2 Article 2 of Decree No. 68/2025/ND-CP dated March 18, 2025 of the Government amending Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government on elaboration and enforcement of the Law on Actions against administrative violations, which comes into force from May 02, 2025.
[12] This Article is amended by clause 9 Article 1 of Decree No. 68/2025/ND-CP dated March 18, 2025 of the Government amending Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government on elaboration and enforcement of the Law on Actions against administrative violations, which comes into force from May 02, 2025.
[13] This Clause is annulled according to the provisions of clause 2 Article 2 of Decree No. 68/2025/ND-CP dated March 18, 2025 of the Government amending Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government on elaboration and enforcement of the Law on Actions against administrative violations, which comes into force from May 02, 2025.
[14] This Article is amended by clause 10 Article 1 of Decree No. 68/2025/ND-CP dated March 18, 2025 of the Government amending Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government on elaboration and enforcement of the Law on Actions against administrative violations, which comes into force from May 02, 2025.
[15] This Article is amended by clause 11 Article 1 of Decree No. 68/2025/ND-CP dated March 18, 2025 of the Government amending Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government on elaboration and enforcement of the Law on Actions against administrative violations, which comes into force from May 02, 2025.
[16] This clause is amended by clause 12 Article 1 of Decree No. 68/2025/ND-CP dated March 18, 2025 of the Government amending Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government on elaboration and enforcement of the Law on Actions against administrative violations, which comes into force from May 02, 2025.
[17] This clause is amended by point dd clause 14 Article 1 of Decree No. 68/2025/ND-CP dated March 18, 2025 of the Government amending Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government on elaboration and enforcement of the Law on Actions against administrative violations, which comes into force from May 02, 2025.
[18] This Clause is amended by clause 15 Article 1 of Decree No. 68/2025/ND-CP dated March 18, 2025 of the Government amending Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government on elaboration and enforcement of the Law on Actions against administrative violations, which comes into force from May 02, 2025.
[19] This Clause is amended by clause 16 Article 1 of Decree No. 68/2025/ND-CP dated March 18, 2025 of the Government amending Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government on elaboration and enforcement of the Law on Actions against administrative violations, which comes into force from May 02, 2025.
[20] Article 3 of Decree No. 68/2025/ND-CP is amended by Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government on elaboration and enforcement of the Law on Actions against administrative violations, which comes into force from May 02, 2025, provides for:
“Article 3. Implementation clauses
This Decree comes into force as of May 02, 2025.”.
[21] Article 4 of Decree No. 68/2025/ND-CP is amended by Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government on elaboration and enforcement of the Law on Actions against administrative violations, which comes into force from May 02, 2025, provides for:
“Article 4. Responsibilities
1. The Minister of Justice shall provide guidelines for and organize implementation of this Decree.
2. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, the Chairpersons of the People’s Committees of provinces or central-affiliated cities and relevant entities are responsible for the implementation of this Decree.”
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