For the act of failing to wear a face mask in Vietnam, will the ID card be withheld? What are the regulations on penalties for this case?
What are the penalties for persons aged 17 failing to wear a face mask in Vietnam?
Pursuant to Article 5 of the Law on Handling of Administrative Violations 2012 stipulates that the subjects to be handled for administrative violations are as follows:
- Subjects handled for administrative violations
+ The subjects sanctioned for administrative violations include:
+ Persons aged between full 14 and fewer than 16 shall be administratively sanctioned for intentional administrative violations; persons aged full 16 or older shall be administratively sanctioned for all administrative violations.
Persons of the people’s army, people’s police force, who commit administrative violations, shall be handled like other citizens; in cases where it is necessary to apply the sanctioning form of stripping off the right to use licenses, practice certificates or terminable suspension of operations related to defense and security, the sanctioning persons propose the competent agencies, people’s army, people’s police for handle;
+ Organizations shall be administratively sanctioned for all administrative violations they have committed.
+ Foreign individuals and organizations that commit administrative violations within the territory, the territorial waters adjacent areas, the exclusive economic zone and continental shelf of the Socialist Republic of Vietnam; in aircrafts with Vietnamese nationality, vessels flagged with Vietnamese nationality shall be administratively sanctioned according to the provisions of Vietnamese laws, except otherwise provided for by international treaties of which the Socialist Republic of Vietnam is member.
- Subjects liable to the application of administrative handling measures are individuals defined in Articles 90, 92, 94 and 96 of this Law.
The administrative handling measures shall not apply to foreigners.
Therefore, your 17-year-old brother, when he commits a violation of not wearing a mask, is still responsible for sanctioning from the authorities.
What are the penalties for failing to wear a face mask in Vietnam?
Are there any extenuating circumstances for failing to wear a face mask in Vietnam?
Pursuant to Article 9 of the Law on Handling of Administrative Violations 2012 stipulates the extenuating circumstances:
The following circumstances shall be the extenuating circumstances:
- The violators have prevented or reduced harms done by the violations or volunteer to overcome the consequences, pay compensations;
- The violators have voluntarily reported their violations, honestly repenting their mistakes; actively help authorities detect administrative violations, handle administrative violations;
- The violators commit violations in the state of being spiritually incited by other persons’ illegal acts; beyond the limits of legitimate defense; exceeding the requirements of the emergency circumstances;
- The violators commit administrative violations due to being forced to or due to their material or spiritual dependence;
- The violators are pregnant women, old and weak persons, persons suffering from ailment or disability which restrict their capacity to perceive or to control their acts;
- The violators commit violations due to particularly difficult plights not caused by themselves;
- The violations are committed due to backwardness.
- Other extenuating circumstances regulated by the Government.
Therefore, if your brother is sincerely sorry, it may be one of the conditions that the authorities can consider and reduce the fine.
For the act of failing to wear a face mask in Vietnam, will the ID card be withheld?
Pursuant to Article 125 of the Law on Handling of Administrative Violations 2012 stipulates the custody of material evidences and/or means of the administrative violations, permits, professional practice certificates according to administrative procedures
- The custody of material evidences and/or means of the administrative violations, permits, and professional practice certificates according to administrative procedures are applied just in the following realy necessary cases:
+ In order to certify facts which if not custody, there shall be not base to issue sanctioning decision. In case custody for evaluate material evidences of the administrative violations serve as basic to define the fine bracket, the authority to impose sanctions, provisions of clause 3, article 60 of this Law shall be applied;
+ In order to prevent immediately acts of administrative violations which if not custody, may cause serious consequences for society;
+ In order to ensure execution of decisions sanctioning administrative violation as prescribed in clause 6 of this Article.
- The custody of material evidences and/or means of the administrative violations specified in clause 1 of this Article must be terminated right after verifying facts as the basis for deciding sanction, the violation acts no longer cause danger for society or the sanctioning decision is executed.
In case being allow to pay fines for many times as prescribed in Article 79 of this Law, after paying fines for first time, the violator may be receive material evidences and/or means of the administrative violations subject to custody.
…
Therefore, when being handled for the error of not wearing a mask, the identity document is not a subject of custody when sanctioning an administrative violation occurs. Therefore, the act of keeping identity papers of the authorities is against the law.
Thư Viện Pháp Luật
