Vietnam: What are the purposes of inspecting and taking disciplinary measures against violations arising from the enforcement of laws on administrative penalties?
- What are the purposes of inspecting and taking disciplinary measures against violations arising from the enforcement of laws on administrative penalties in Vietnam?
- What does the content of inspection decisions in the enforcement of laws on administrative penalties in Vietnam include?
- What does the content of inspection records in the enforcement of laws on administrative penalties in Vietnam include?
What are the purposes of inspecting and taking disciplinary measures against violations arising from the enforcement of laws on administrative penalties in Vietnam?
Pursuant to Article 3 of Decree 19/2020/ND-CP, the purposes of inspecting and taking disciplinary measures against violations arising from the enforcement of laws on administrative penalties in Vietnam are:
- Review and assess the implementation of laws on handling of administrative violations; encourage and commend agencies, organizations and individuals that record achievements in the implementation of the law on handling of administrative violations; detect limitations, problems, inadequacies, errors and violations arising from the implementation of the law on handling of administrative violations in order to promptly take correctional, disciplinary and mitigative actions against them.
- Prevent, control and combat violations arising in the implementation of laws on handling of administrative violations; strengthen administrative discipline and rules in organizing the implementation and application of laws to ensure the effectiveness and efficiency of enforcement of laws on handling of administrative violations.
- Detect regulations that are not yet consistent, synchronous or not suitable to real situations in order to promptly amend, supplement, abolish or promulgate new legal documents on the handling of administrative violations, or other legislative documents.
What does the content of inspection decisions in the enforcement of laws on administrative penalties in Vietnam include?
According to the provisions of Clause 2, Article 13 of Decree 19/2020/ND-CP on this content as follows:
Issuance of inspection decisions
1. Based on inspection plans and on the grounds for carrying out the inspection as prescribed in Article 5 herein, the Administration for Handling of Administrative Violations and Inspection of Law Enforcement, legal institutions under the control of ministries and ministerial-level agencies, Departments of Justice, Sub-Departments of Justice, legal institutions, or other organizations with equivalent functions and tasks under the control of agencies or units supervising persons having competence in sanctioning administrative violations, shall draft inspection decisions and submit them to persons having competence as defined in Article 6 herein to seek their approval of these inspection decisions.
2. An inspection decision shall be constituted by the following basic components:
a) Date of issuance of the inspection decision;
b) Bases for issuance of the inspection decision;
c) Inspectee;
d) Inspection venue;
dd) Subject matters of the inspection;
e) Inspection duration;
g) Full name and title of the inspection team leader, deputy team leader and members; powers and responsibilities of the inspection team;
h) Rights and responsibilities of the inspectee;
i) Inspection budget;
k) Full name and title of the inspection decision maker.
Accordingly, the inspection decision includes the following basic contents:
- Date of issuance of the inspection decision;
- Bases for issuance of the inspection decision;
- Inspectee;
- Inspection venue;
- Subject matters of the inspection;
- Inspection duration;
- Full name and title of the inspection team leader, deputy team leader and members; powers and responsibilities of the inspection team;
- Rights and responsibilities of the inspectee;
- Inspection budget;
- Full name and title of the inspection decision maker.
What does the content of inspection records in the enforcement of laws on administrative penalties in Vietnam include?
Pursuant to Clause 2, Article 14 of Decree 19/2020/ND-CP on this content as follows:
Conduct of the inspection
1. The inspection team shall examine documentation and, where necessary, may carry out the physical inspection, and the verification of information and documents, or results of enforcement of law on handling of administrative violations, before drawing conclusions about inspection subject matters.
2. During the inspection process, the leader of the inspection team or the team’s authorized representative shall make a written inspection record to certify the collection and provision of information and documents related to the inspection subject matters, and shall give their confirmatory signature through that inspection record immediately after the inspection is completed.
The inspection record must contain the following basic information:
a) Record-making date;
b) Full name and title of the inspection team leader;
c) Full name of the individual inspectee; full name and title of the representative for the institutional inspectee;
d) Inspection subject matters;
dd) Information and documents already collected and provided;
e) Opinions from the inspectee and other related entities or units;
g) Comments and remarks of the inspection team;
h) Signatures of the inspection team leader or the person authorized to make the inspection record and the individual inspectee or the representative of the institutional inspectee. In case the inspection record has multiple pages, including appendices and lists attached thereto, all of these signatures must be affixed to each page of that inspection record, enclosed annexes and lists, or all pages must bear an overlapping stamp.
Thus, the inspection record in the enforcement of laws on administrative penalties must contain the following basic information:
- Record-making date;
- Full name and title of the inspection team leader;
- Full name of the individual inspectee; full name and title of the representative for the institutional inspectee;
- Inspection subject matters;
- Information and documents already collected and provided;
- Opinions from the inspectee and other related entities or units;
- Comments and remarks of the inspection team;
- Signatures of the inspection team leader or the person authorized to make the inspection record and the individual inspectee or the representative of the institutional inspectee.
In case the inspection record has multiple pages, including appendices and lists attached thereto, all of these signatures must be affixed to each page of that inspection record, enclosed annexes and lists, or all pages must bear an overlapping stamp.
LawNet
