Vietnam: If a dissolved enterprise is not issued with a decision on sanctioning administrative violations, will the exhibits be confiscated?

Main Content

• If an enterprise is in the process of handling administrative violations, but completes the dissolution procedures, will decisions on sanctioning administrative violations be issued?
• If a dissolved enterprise is not issued with a decision on sanctioning administrative violations, will the exhibits be confiscated?
• What are the contents of decisions on administrative sanctions in Vietnam?

If an enterprise is in the process of handling administrative violations, but completes the dissolution procedures, will decisions on sanctioning administrative violations be issued?

Pursuant to Point d, Clause 1, Article 65 of the 2012 Law on Handling Administrative Violations in Vietnam on the cases without decisions on administrative sanctions as follows:

Cases without decisions on administrative sanctions in Vietnam

1. There are no decisions on sanctioning administrative violations in the following cases:

a) Cases specified in Article 11 of this Law;

b) Failing to identify the objects of administrative violations;

c) The statute of limitations for sanctioning administrative violations specified in Article 6 is over or the expiration of the sanctioning decisions specified in Clause 3 of Article 63 or Clause 1 of Article 66 of this Law;

d) Individuals committing administrative violations are dead, missing, violating organizations are in the situation of dissolution, bankruptcy in period of considering for making the sanctioning decisions;

e) Transfer dossiers of violation cases with criminal signs as prescribed in Article 62 of this Law.

Thus, enterprises that have been dissolved during the time of considering and issuing decisions on sanctioning administrative violations are in the case of not issuing decisions on sanctioning administrative violations.

Vietnam: If a dissolved enterprise is not issued with a decision on sanctioning administrative violations, will the exhibits be confiscated? (Image from the Internet)

If a dissolved enterprise is not issued with a decision on sanctioning administrative violations, will the exhibits be confiscated?

Pursuant to Clause 2, Article 65 of the 2012 Law on Handling Administrative Violations in Vietnam as amended by Clause 33, Article 1 of the 2020 Law on Amendments and Supplements to certain articles of Law on Handling Administrative Violations stipulating as follows:

Cases without decisions on administrative sanctions

...

2. As for administrative violations specified at points a, b, c and d of clause 1 of this Article, though competent persons do not issue administrative sanction decisions, they have to issue decisions to confiscate material evidence and means used for commission of administrative violations in the event that such material evidence and/or means used for commission of administrative violations are classified as those banned from storage or circulation, or those subject to a penalty imposed in a form of confiscation and remedial or relief measures prescribed by laws.

Each decision must clearly state the reasons for not issuing sanction decisions; exhibits and means used for commission of administrative violations which are confiscated; remedial or relief measures to be applied, responsibilities and duration of implementation of such measures.

Confiscation or forfeiture of exhibits and means used for commission of administrative violations, and implementation of remedial or relief measures, shall not be deemed as being subject to administrative sanctions.

Thus, a dissolved enterprise during the consideration and issuance of a decision on sanctioning of administrative violations in the case of not issuing a decision on sanctioning of administrative violations will only be confiscated in the event that such material evidence and/or means used for commission of administrative violations are classified as those banned from storage or circulation, or those subject to a penalty imposed in a form of confiscation and remedial or relief measures prescribed by laws.

What are the contents of decisions on administrative sanctions in Vietnam?

Pursuant to Article 68 of the 2012 Law on Handling Administrative Violations in Vietnam, a number of provisions are supplemented by Clause 72, Article 1 of the 2020 Law on Amendments and Supplements to certain articles of Law on Handling Administrative Violations, stipulating the contents of decisions on administrative sanctions as follows:

- Location, date of making decisions;

- Legal foundations for promulgating decisions;

- Records of administrative violations, results of verification, written explanation of violating individuals, organizations or records of explanation meeting and other documents (if any);

- Full name, position of decider;

- Full name, address, occupation of violators or name, address of violating organizations;

- Acts of administrative violations; extenuating circumstances, aggravating circumstances;

- Articles, Clauses of applied legal documents;

- The principal sanctioning form; additional sanctioning forms, remedial measures (if any);

- Rights of complains, initiate lawsuits against decisions on administrative sanction;

- Effect of decisions, time limit and place of implementation of decisions on administrative sanction, places for fine payment;

- Full name, signatures of the persons who make decisions on administrative sanctions;

- Responsibility for executing decisions on administrative sanctions and the coercion in case individuals, organizations are not voluntarily sanctioned.

Note: The time limit of decision implementation is 10 days, from the date of receiving sanctioning decisions; in case the sanctioning decisions writing the implementation time limit of more than 10 days, the implementation shall be followed according to such time limit.

In case of issuing one decision on administrative sanctions for many individuals, organizations committing an violating act or many individuals, organizations committing many different acts of administrative violations in the same violation case, the content of violating act, sanctioning forms, levels for each individual, organization must be defined in a specific and clear way.