When is the limitation period for sanctioning administrative violations in Vietnam? In what cases is the execution or enforcement of sanction decisions adjourned or exempted?
When is the limitation period for sanctioning administrative violations in Vietnam?
According to the provisions of Clause 1, Article 74 of the 2012 Law on Handling of Administrative Violations in Vietnam (amended and supplemented by Clause 36, Article 1 of the 2020 Law on Amendments to the Law on Handling of Administrative Violations):
- The limitation period for execution of a sanction decision is 1 year from the date of issuance of the decision. After expiry, execution of such decision shall not be needed any more, except if the sanction decision prescribes a penalty imposed in a form of confiscation of administrative violation material evidence and means, and remedial or relief measures.
- If sanctioned individuals or organizations deliberately evade, postpone, the above-mentioned statute of limitations shall be calculated from time stopping actions of evading, postponing.
When is the limitation period for sanctioning administrative violations in Vietnam? In what cases is the execution or enforcement of sanction decisions adjourned or exempted
In what cases is the execution or enforcement of sanction decisions adjourned?
According to the provisions of Article 76 of the 2012 Law on Handling of Administrative Violations in Vietnam (amended and supplemented by Clause 37, Article 1 of the 2020 Law on Amendments to the Law on Handling of Administrative Violations) on adjournment of execution or enforcement of sanction decisions as follows:
- Adjournment of execution or enforcement of sanction decisions shall be required if the following conditions are fully met:
+ The violating individual is fined 2,000,000 VND or more, or the violating organization is fined 100,000,000 VND or more;
+ The violating individual is facing economic difficulties due to natural disasters, calamities, fires, epidemics, dangerous diseases or accidents; the violating organization is facing special or unexpected economic difficulties caused by natural disasters, disasters, fires or epidemics.
In case the violating individual is facing economic difficulties due to natural disaster, calamity, fire, epidemic, fatal disease or accident, the certification of the People's Committee of the commune where he/she resides or the organization where he/she is learning or working shall be required; if the violating individual faces economic difficulties due to fatal disease or accident, the certification granted by a medical establishment at the district or higher level shall be required.
In case the violating organization is facing economic difficulties due to natural disaster, catastrophe, fire or epidemic, the certification of the People's Committee of the commune, the Management Board of industrial parks, export processing zones or hi-tech zones, economic zones, or the directly supervisory tax authority or the directly superior authority shall be required.
- At the same time, violating individuals and organizations must send written requests for postponement of execution of sanction decisions, enclosing written certifications of competent authorities or organizations according to clause 1 of this Article to persons who have issued sanction decisions within the limitation period specified in clause 2 of Article 68 herein. Within 05 working days of receipt of these requests, persons already issuing sanction decisions shall consider issuing decisions on adjournment of these sanction decisions.
The term of adjournment of execution or enforcement of sanction decisions shall not be longer than 03 months from the date of issuance of adjournment decisions.
- Violating individuals or organizations granted permission to adjourn the execution of sanction decisions may take back their document, exhibits or means used for commission of administrative violations which are temporarily seized under the provisions of clause 6 of Article 125 herein.
When will the fines for administrative violations be exempted?
According to the provisions of Article 77 of the 2012 Law on Handling of Administrative Violations in Vietnam (amended and supplemented by Clause 38, Article 1 of the 2020 Law on Amendments to the Law on Handling of Administrative Violations):
The violating organization shall be exempt from payment of the residual amount of fine stated in the sanction decision when they fully meet the following conditions:
+ They have been granted a reduction in a part of the fine prescribed in clause 1 of this Article or have already paid the fine for the first or second installment if they are entitled to installment payment of the fine under the provisions of Article 79 herein;
+ Supplementary penalties and relief or remedial measures stated in sanction decisions have been completely executed;
+ The violating organization continues to face economic difficulties due to natural disaster, catastrophe, fire or epidemic, and obtains the certification of the People's Committee of commune, Management Board of industrial parks, export processing zones or hi-tech zones, economic zones, or the directly supervisory tax authority or the directly superior authority.
- The violating individual may be granted an exemption from payment of the remaining fine stated in the sanction decision due to his/her incapability of enforcing or executing the sanction decision if one of the following situations occurs:
+ Despite being granted the adjournment of the fine charge decision as prescribed in Article 76 of this Law, he/she continues to be in a difficult economic situation caused by natural disaster, calamity, fire, epidemic, fatal disease or accident, and obtains the certification from the People's Committee of the commune where he/she is residing, or the organization where he/she is studying or working;
+ He/she is already fined at least VND 2,000,000 and is facing special or unexpected economic difficulties due to natural disaster, calamity, fire, epidemic, fatal disease or accident, and obtains the certification of the People's Committee of the commune where he/she is residing, or the organization where he/she is learning or working; if he/she faces unexpected economic difficulties due to fatal disease or accident, the certification granted by a medical establishment at the district or higher level shall be further required.
- The violating organization shall be exempt from payment of the entirety of the fine stated in the sanction decision if the following conditions are fully met:
+ Adjournment of execution or enforcement of the fine charge decision prescribed under Article 76 herein has been granted;
+ Supplementary penalties and relief or remedial measures stated in sanction decisions have been completely executed;
+ The violating organization continues to face economic difficulties due to natural disaster, catastrophe, fire or epidemic, and obtains the certification of the People's Committee of commune, Management Board of industrial parks, export processing zones or hi-tech zones, economic zones, or the directly supervisory tax authority or the directly superior authority.
- Violating individuals and organizations must file written petitions for the fine reduction or exemption, enclosing the certification of the competent authority, as prescribed in clause 1, 2, 3, 4 and 5 of this Article to persons issuing sanction decisions. Within the duration of 05 working days of receipt of these petitions, the persons issuing sanction decisions must consider issuing reduction or exemption decisions, and notify these decisions to petitioners; in case of refusal to grant the reduction or exemption, clear reasons for that refusal must be stated.
- Persons or organizations granted fine reduction or exemption may claim back their documents, exhibits or means held in the temporary custody according to the provisions of clause 6 of Article 125 in this Law.
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