Does the Vietnam People's Police Security have the authority to sanction administrative violations against the regulations on gender equality? How long is the prescriptive period for sanctioning administrative violations against the regulations on gender equality?

Main Content

• What are the areas eligible for administrative violations against the regulations on gender equality in Vietnam?
• Does the Vietnam People's Police Security have the authority to sanction administrative violations against the regulations on gender equality?
• How long is the prescriptive period for sanctioning administrative violations against the regulations on gender equality in Vietnam?

What are the areas eligible for administrative violations against the regulations on gender equality in Vietnam?

Based on the contents identified in Decree 125/2021/ND-CP issued on December 28, 2021, the areas eligible for administrative violations against the regulations on gender equality in Vietnam are:

- Politics;

- Economy;

- Labour;

- Education and training;

- Science and technology;

- Culture, physical education and sports;

- Health;

- Family.

Accordingly, in Clause 1 Article 4 of Decree 125/2021/ND-CP and Clause 1 Article 5 of Decree 125/2021/ND-CP, individuals committing violations against the regulations on gender equality in the above-mentioned areas will be warned or fined up to VND 30 million.

For violating organizations, the fine shall be doubled.

Does the Vietnam People's Police Security have the authority to sanction administrative violations against the regulations on gender equality?

Based on the contents specified in Article 14 of Decree 125/2021/ND-CP, the Vietnam People's Police Security shall take records of administrative violations and sanction administrative violations against the regulations on gender equality according to their assigned functions, tasks and powers.

Specifically, the authority to sanction administrative violations of the Vietnam People's Police Security in Article 17 of Decree 125/2021/ND-CP as follows:

Authority to sanction administrative violations of the Vietnam People's Police Security

1. Vietnam People's Police Security soldiers on duty have the right to issue warnings.

2. Heads of company-level mobile police units, station heads and captains of persons specified in Clause 1 of this Article have the right to:

a) Issue warnings;

b) Fine up to VND 900,000.

3. The head of the commune-level police agencies, the head of the police station, the battalion commander of the mobile police battalion, and the captain of the marine corps have the right to:

a) Issue warnings;

b) Fine o up to VND 1,500,000;

c) Confiscate infringing exhibits and vehicles whose value does not exceed VND 3,000,000.

4. District-level police chiefs; Head of the professional department of the Police Department for administrative management of social order; Head of operations department under the Department of Cybersecurity and High-tech Crime Prevention and Control; Heads of provincial-level Police Departments, including: Heads of Police Departments for administrative management of social order, Heads of Police Departments for investigation of crimes against social order, Heads of Cybersecurity and High-tech Crime Prevention and Control Department have the right to:

a) Issue warnings;

b) Fine up to VND 6,000,000;

c) Deprive the right to use the operation license for a limited time;

d) Confiscate exhibits and vehicles of administrative violations whose value does not exceed VND 12,000,000;

dd) Apply the remedial measures specified in Clause 3, Article 4 of this Decree.

5. The Director of provincial-level Public Security has the right to:

a) Issue warnings;

b) Fine up to VND 15,000,000;

c) Deprive the right to use the operation license for a limited time;

d) Confiscate exhibits and vehicles of administrative violations whose value does not exceed VND 30,000,000;

dd) Apply the remedial measures specified in Clause 3, Article 4 of this Decree.

6. The Director of the Police Department for administrative management of social order, the Director of the Police Department for investigation of crimes against social order, the Director of the Department of Cybersecurity and hi-tech crime prevention and control have the right to:

a) Fine up to VND 30,000,000;

b/ Deprive the right to use a limited-term operation license;

c/ Confiscate exhibits and vehicles of administrative violation;

d) Apply the remedial measures specified in Clause 3, Article 4 of this Decree

Thus, the Vietnam People's Police Security has the right to issue warnings, impose fines, deprive the right to use operation licenses, confiscate exhibits and vehicles,... for individuals and organizations committing violations against the regulations on gender equality depending on the seriousness of the violation.

Note, the authority to impose a fine under the above provisions is the authority to impose a fine for an administrative violation of an individual. For organization, the fine shall be doubled.

How long is the prescriptive period for sanctioning administrative violations against the regulations on gender equality in Vietnam?

Based on the contents specified in Clause 1 Article 3 of Decree 125/2021/ND-CP, the prescriptive period for sanctioning administrative violations against the regulations on gender equality in Vietnam is 01 year.

Accordingly, during this period, competent persons can apply sanctions to individuals and organizations committing administrative violations against the regulations on gender equality in Vietnam.

In addition, Clause 2 Article 3 of Decree 125/2021/ND-CP and Clause 3 Article 3 of Decree 125/2021/ND-CP also mention how to identify ongoing or completed administrative violations against the regulations on gender equality as follows:

Prescriptive period for sanctioning administrative violations

...

2. A completed administrative violation against the regulations on gender equality is an act that has been committed once or more times and has grounds to determine that the act has been completed before the time the competent agency or person detects the administrative violation. The time of termination of the violation is the date on which the violation has been completed.

3. An ongoing administrative violation against the regulations on gender equality is an ongoing act at the time competent agencies and persons detects the administrative violation and the act is still violating the state management on gender equality.