17:47, 10/07/2024
The duration of temporary detention of administrative violation exhibits is increased; Cases where temporary detention of individuals is permitted is supplemented; "Repeated violations", which is an aggravating circumstance, is abolished, etc. Above are some of the important changes mentioned in the Draft Revised Law on Handling of Administrative Violations in Vietnam.
Article table of contents
FULL TEXT OF THE DRAFT AND THE STATEMENT OF THE AMENDED DRAFT LAW ON HANDLING ADMINISTRATIVE VIOLATIONS IN VIETNAM
Currently, the Ministry of Justice of Vietnam is seeking opinions on the amended draft Law on Handling Administrative Violations with many noteworthy new regulations. To help everyone understand these regulations better, Lawnet provides a comparison between the provisions in the Draft and the existing regulations as shown in the table below.
| No | Provisions in the Draft | Provisions in Law on Handling Administrative Violations 2012 |
| 1 | Add subjects to be subjected to administrative handling measures (education at the commune, ward, commune-level town; placement in reform schools; etc.) who are dual nationals of Vietnam and a foreign country. | Administrative handling measures are only applied to individuals specified in Articles 90, 92, 94, 96 of the Law on Handling Administrative Violations. |
| 2 | Add the authority to apply remedial measures for expulsion or re-exportation of goods, items, and means to the Border Post Commander and Border Guard Commander. | No regulations on the authority of the Border Post Commander and Border Guard Commander |
| 3 | Apply the average level of the penalty frame for violations to be applied with penalties such as revocation of licenses, practicing certificates or suspension of operations similar to regulations in Clause 4, Article 23 of the Law on Handling Administrative Violations. | Depending on the severity of each violation, the period of license revocation, practicing certificate suspension or suspension of operations varies, with a minimum of 1 month and a maximum of 24 months. |
| 4 | Stipulate that the duration for temporary custody of exhibits and means shall not exceed 48 hours, which can be extended but not beyond 48 hours. | The duration for temporary custody of exhibits shall not exceed 24 hours, which can be extended but not beyond 24 hours. |
| 5 | The duration of temporary custody of exhibits is calculated from the actual time of custody. | The duration of temporary custody of exhibits is calculated from the time the Custody Decision is made. |
| 6 | The competent person must issue a Decision to confiscate exhibits and apply remedial measures in cases where no administrative penalty decision is issued as specified in Points a, b, c, d Clause 1, Article 65 of the Law on Handling Administrative Violations. | Currently stipulating that the competent person may issue a Decision to confiscate exhibits and apply remedial measures in cases where no administrative penalty decision is issued as specified in Points a, b, c, d Clause 1 Article 65 of the Law on Handling Administrative Violations. |
| 7 | For documents and certificates related to administrative violation exhibits that are intentionally erased, altered to falsify content, or no longer of use, they must be destroyed. | No regulations |
| 8 | Abolish the regulation about the subject needing to violate "02 times in 06 months" and the regulation about the subject having to undergo preliminary education measures at the commune, ward, commune-level town before being subjected to placement in reform schools, and mandatory education facilities. | Apply the measure of placement in reform schools, and mandatory education facilities for persons from 14 to under 18 years old 02 times or more within 06 months who commit acts of theft, fraud, gambling, causing public disorder not serious enough for criminal prosecution and previously subjected to educational measures at the commune, ward, or commune-level town. |
| 9 | Add some cases subject to temporary custody, including:
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Temporary custody of persons under administrative procedures is only applied in cases necessary to immediately prevent or suspend acts of causing public disorder, causing injury to others, or having grounds to believe that smuggling or illegal transport of goods across borders is taking place. |
| 10 | Abolish the aggravating circumstance of “multiple violations”. |
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