The purposes, principles of inspection, disciplinary measures; bases, authority, contents, forms of inspection; disciplinary measures... are the contents stipulated in the Draft Decree on inspection and disciplinary measures in the enforcement of the law on handling administrative violations (VPHC) 2017.
Article table of contents
Basis for Monitoring Law Enforcement on Handling Administrative Violations
According to the Draft Decree, monitoring is conducted when one of the following bases arises:
- Directive from the Prime Minister the Government of Vietnam.- Proposal from Ministries, equivalent agencies, or Provincial People's Committees.- Proposal from legal departments within Ministries or equivalent agencies based on monitoring the enforcement of laws on handling administrative violations.- Proposal from Provincial Departments of Justice or District Justice Offices based on monitoring the enforcement of laws on handling administrative violations.- Approved and issued plan by an authorized person.- The enforcement of laws on handling administrative violations within the scope of intersectoral management encountering many difficulties, obstructions, inadequacies, or for complex cases.- When signs of violations in law enforcement on handling administrative violations are discovered infringing on the lawful rights and interests of individuals or organizations through monitoring the enforcement of laws on handling administrative violations.- When receiving requests or recommendations from individuals or organizations reflecting inaccurate application of law on handling administrative violations or signs of infringing on the lawful rights and interests of individuals or organizations.- Inspections based on records or documents with signs of violations or obstacles sent by agencies or authorized persons handling administrative violations or being stored and preserved according to regulations.
Violations in Monitoring Law Enforcement on Handling Administrative Violations
In addition to the prohibited acts specified in Article 12 of the Law on Handling Administrative Violations, agencies and authorized persons in enforcing the law on handling administrative violations are not permitted to:
- Abuse their position or authority during an inspection to harass or cause difficulties for the inspected subjects.- Conduct inspections without proper authority, beyond the scope, or outside the assigned inspection content.- Provide inaccurate, dishonest information, and documents related to the inspection content.- Illegally intervene in inspection activities or misuse their influence to impact the inspectors.- Obstruct or hinder the inspectors.- Disclose information and documents about the inspection content before an official conclusion.- Deliberately fail to issue an inspection decision when signs of legal violations are detected, provide false conclusions, make unlawful decisions, or shield agencies, organizations, or individuals with legal violations.- Threaten or retaliate against inspectors or individuals providing information and documents to inspection agencies, causing difficulties for inspection activities.- Fail to, or inadequately or incorrectly, implement inspection conclusions.- Fail to monitor, urge, or inspect the compliance of penalties by individuals or organizations penalized as stipulated in Clause 2, Article 73 of the Law on Handling Administrative Violations; or the implementation of corrective measures by individuals or organizations as stipulated in Clause 3, Article 85 of the Law on Handling Administrative Violations.- Heads of agencies or organizations lack responsibility in directing the implementation of inspection conclusions.
Forms of Disciplinary Actions
Forms of disciplinary actions include: Reprimand, Warning, Salary Reduction, Demotion, Dismissal, Removal from Office, Forced Resignation.
- The disciplinary forms of Reprimand, Warning, and Dismissal are applied to officials and public employees who commit violations;- The disciplinary forms of Salary Reduction and Removal from Office are applied to officials who commit violations;- The disciplinary form of Demotion is applied to officials holding leadership or managerial positions who commit violations;- The disciplinary form of Forced Resignation is applied to officials and public employees who commit violations.
See detailed content at the Draft Decree on monitoring and handling disciplinary actions in law enforcement on handling administrative violations.
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